H.B. No. 2280
AN ACT
relating to the implementation of a statewide voter registration
system as required by the federal Help America Vote Act.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 13.072(a), Election Code, is amended to
read as follows:
(a) Unless the registrar challenges the applicant [If the
registrar determines that an application complies with Section
13.002 and indicates that the applicant is eligible for
registration], the registrar shall approve the application if:
(1) the registrar determines that an application
complies with Section 13.002 and indicates that the applicant is
eligible for registration; and
(2) for an applicant who has not included a statement
described by Section 13.002(c)(8)(C), the registrar verifies with
the secretary of state:
(A) the applicant's Texas driver's license number
or number of a personal identification card issued by the
Department of Public Safety; or
(B) the last four digits of the applicant's
social security number [unless the registrar challenges the
applicant].
SECTION 2. Section 13.141, Election Code, is amended to
read as follows:
Sec. 13.141. REGISTRATION NUMBER. [(a) The registrar
shall assign a registration number to each person to be registered
as a voter.
[(b)] The secretary of state shall [may] prescribe a uniform
system for assigning voter registration numbers. [If a uniform
system is not prescribed, the registrar shall use a system that
promotes efficient and accurate administration of voter
registration.]
SECTION 3. Sections 15.021(d), (e), and (f), Election Code,
are amended to read as follows:
(d) A voter who continues to reside in the county in which
the voter is registered may correct information under this section
by digital transmission of the information under a program
administered by the secretary of state and the Department of
Information Resources. [The secretary of state, in conjunction with
the Department of Information Resources, shall conduct a study to
determine the feasibility of allowing voters to correct information
under this section by digital transmission of the corrected
information to the registrar.]
(e) The [If the study determines it is feasible to allow the
digital transmission of corrected information by the voter to the
registrar, the corrected information may be submitted without:
[(1) submitting a written, signed notice of the
incorrect information and the corresponding correction under
Subsection (a); and
[(2) complying with Subsection (b).
[(f) If the study determines that it is feasible to allow
the digital transmission of corrected information by the voter to
the registrar, the] secretary of state shall [may] adopt rules to:
(1) approve technologies for submitting changes of
registration information by digital transmission under this
section; and
(2) prescribe additional procedures as necessary to
implement a system for the digital transmission of changes in
registration information.
SECTION 4. Section 16.001(c), Election Code, is amended to
read as follows:
(c) Once each week, on a day specified by the secretary of
state [Not later than the 10th day of each month], the Bureau of
Vital Statistics shall furnish to the secretary of state available
information specified by the secretary relating to deceased
residents of the state. Periodically, the secretary shall furnish
to the appropriate voter registrars information obtained from the
bureau that will assist in identifying the deceased registered
voters of each county.
SECTION 5. Section 16.003, Election Code, is amended to
read as follows:
Sec. 16.003. FELONY CONVICTION. [(a)] Each weekday [week,
on a day specified by the secretary of state,] the Department of
Public Safety is regularly open for business, the department shall:
(1) prepare an abstract of each final judgment
received by the department convicting a person 18 years of age or
older who is a resident of the state of a felony; and [.]
(2) [(b) The Department of Public Safety shall] file
each abstract with the secretary of state [not later than one week
following the week in which the abstract is prepared. The secretary
of state shall file each abstract received under this subsection
with the voter registrar of the person's county of residence not
later than one week following the week in which the abstract is
received under this subsection].
SECTION 6. Section 18.041, Election Code, is amended to
read as follows:
Sec. 18.041. ANNUAL REGISTRATION REPORT [STATEMENT]. (a)
Each voting year, the registrar shall prepare a report [written
statement] of the number of persons whose voter registrations in
the county and in each county election precinct will be effective on
January 1.
(b) The secretary of state shall prescribe the categories of
voters and computations required in the report [statement].
(c) The registrar shall retain a copy of the report
[statement] on file as a registration record for two years.
(d) The registrar shall file the report [statement] with the
secretary of state not later than January 2.
(e) The secretary of state shall retain the report
[statement] on file for two years.
SECTION 7. Section 18.061, Election Code, is amended by
adding Subsection (e) to read as follows:
(e) The secretary of state shall prescribe procedures to
ensure that when a voter registers in another county, as determined
under Section 16.031(a)(6), the statewide computerized voter
registration list is updated to reflect the voter's registration in
the new county.
SECTION 8. Sections 20.065(b) and (c), Election Code, are
amended to read as follows:
(b) Each weekday the department is regularly open for
business [Once each week, on a day specified by the secretary of
state], the department shall electronically transfer to the
secretary of state the name of each person who completes a voter
registration application submitted to the department. The
secretary shall prescribe procedures necessary to implement this
subsection.
(c) On the weekday the secretary of state is regularly open
for business following [Not later than the seventh day after] the
date the secretary [of state] receives information under Subsection
(b), the secretary shall inform the appropriate voter registrar of
the name of each person who completes a voter registration
application submitted to the department. The registrar may verify
that the registrar has received each application as indicated by
the information provided by the secretary under this subsection.
SECTION 9. Section 20.066, Election Code, is amended to
read as follows:
Sec. 20.066. REGISTRATION PROCEDURES [FOR CERTAIN POPULOUS
COUNTIES]. (a) [This section applies unilaterally to a person who
resides in a county with a population of 2.1 million or more and, if
written request is made to the Department of Public Safety by the
commissioners court, applies to a person who resides in a county
with a population greater than 400,000 but less than 2.1 million.
[(b)] If a person completes a voter registration
application as provided by Section 20.063, the Department of Public
Safety shall:
(1) input the information provided on the application
into the department's electronic data system; and
(2) inform the applicant that the applicant's
electronic signature provided to the department will be used for
submitting the applicant's voter registration application.
(b) [(c)] Not later than the fifth day after the date a
person completes a voter registration application and provides an
electronic signature to the department, the department shall
electronically transfer the applicant's voter registration data,
including the applicant's signature, to the secretary of state
[voter registrar of the county in which the applicant resides.
[(d) The voter registrar shall maintain a database approved
by the secretary of state for receiving electronically transmitted
registration applications under this section].
(c) [(e)] The secretary of state shall prescribe additional
procedures as necessary to implement this section.
(d) The procedures may allow:
(1) the department to delay the implementation of the
transmission of electronic signatures under this section until
January 1, 2008, if the department determines that it lacks the
proper equipment for making the transmission; and
(2) a person to be registered without a signature if a
delay is granted under Subdivision (1) and all other information
required for registration has been submitted electronically under
this section.
(e) Subsection (d) and this subsection expire January 2,
2008.
SECTION 10. This Act takes effect January 1, 2006.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2280 was passed by the House on May 9,
2005, by a non-record vote.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2280 was passed by the Senate on May
25, 2005, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor