BILL ANALYSIS

 

 

Senate Research Center                                                                                               C.S.S.B. 1464

                                                                                                                                    By: Janek et al.

                                                                                                                                       State Affairs

                                                                                                                                            4/17/2007

                                                                                                        Committee Report (Substituted)

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Under current law, the county registrar is required to send a letter to those who cite non-citizenship when summoned for jury duty.  The letter requires the addressee to send in certain paperwork regarding the voter's status as a citizen of the United States or the person's voter registration will be cancelled.  However, this process may not have removed all non-citizens from the voter registration list. 

 

C.S.S.B. 1464 requires the secretary of state to cancel an individual's voter registration immediately after receiving the list of persons excused from jury summons due to non-citizenship.  This bill also requires the county registrar to send a written notice to those who have had their voter registration cancelled. 

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends Section 62.0142, Government Code, as added by Chapter 559, Acts of the 79th Legislature, Regular Session, 2005, to require that the form notify a person who signs a statement to claim a disqualification or exemption from jury duty, based on lack of citizenship or lack of residence in the county, that the person is no longer be eligible to vote in the county, rather than that the person may no longer be eligible to vote. 

 

SECTION 2.  Amends Section 62.113(b), Government Code, to include the secretary of state as a person to whom the county clerk is required to send a copy of the list of persons excused or disqualified from petit jury service because of citizenship in the previous month (list). 

 

SECTION 3.  Amends Section 16.0332, Election Code, as follows:

 

Sec. 16.0332.  CANCELLATION BECAUSE OF CITIZENSHIP STATUS.  (a)  Requires the secretary of state, upon receiving the list provided under Section 62.113 (Compilation of List of Noncitizens), Government Code, to cancel the voter registration of each registered voter whose name appears on that list. 

 

(b)  Redesignates existing text as Subsection (b).  Requires the voter registrar (registrar) to deliver to each registered voter whose name appears on the list a written notice that the person's voter registration has been canceled, rather than a notice requiring the voter to submit to the registrar certain forms of proof of United States citizenship.  Deletes existing text requiring the notice to be delivered by forwardable mail to the applicable address of the voter.  Deletes existing Subsection (b) requiring the registrar to cancel the voter's registration upon failure to submit proof of citizenship by a certain date.  Deletes existing Subsection (c) requiring the registrar to retain a copy of the notice or of any received proof of citizenship on file with the voter's registration application. 

 

SECTION 4.  Amends Section 16.036(c), Election Code, to require the notice of voter registration cancellation to include a brief explanation of the right to appeal the decision of the registrar or secretary of state, as applicable. 

 

SECTION 5.  Makes application of this Act prospective.

 

SECTION 6.  Effective date: September 1, 2007.