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A BILL TO BE ENTITLED
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AN ACT
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relating to the cancellation of the voter registration and to the |
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eligibility to vote of persons who are deceased or not citizens of |
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the United States. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 16.001(a) and (b), Election Code, are |
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amended to read as follows: |
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(a) Each month the local registrar of deaths shall prepare |
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an abstract of each death certificate issued in the month for a |
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decedent 18 years of age or older who was a resident of the state at |
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the time of death. The local registrar of deaths shall file each |
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abstract with the voter registrar of the decedent's county of |
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residence and the secretary of state not later than the 10th day of |
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the month following the month in which the abstract is prepared. |
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(b) Each month the clerk of each court having probate |
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jurisdiction shall prepare an abstract of each application for |
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probate of a will or administration of a decedent's estate filed in |
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the month with a court served by the clerk. The clerk shall file |
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each abstract with the voter registrar and the secretary of state |
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not later than the 10th day of the month following the month in |
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which the abstract is prepared. |
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SECTION 2. Section 16.031(b), Election Code, is amended to |
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read as follows: |
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(b) The registrar shall cancel a voter's registration |
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immediately if the registrar: |
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(1) determines from information received under |
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Section 16.001(c) that the voter is deceased; |
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(2) has personal knowledge that the voter is deceased; |
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[or] |
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(3) receives from a person related within the second |
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degree by consanguinity or affinity, as determined under Chapter |
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573, Government Code, to the voter a sworn statement by that person |
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indicating that the voter is deceased; or |
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(4) receives notice from the secretary of state under |
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Section 18.068 that the voter is deceased. |
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SECTION 3. Section 16.0332(a), Election Code, is amended to |
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read as follows: |
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(a) After the registrar receives a list under Section 18.068 |
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of this code or Section 62.113, Government Code, of persons excused |
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or disqualified from jury service because of citizenship status, |
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the registrar shall deliver to each registered voter whose name |
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appears on the list a written notice requiring the voter to submit |
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to the registrar proof of United States citizenship in the form of a |
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certified copy of the voter's birth certificate, United States |
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passport, or certificate of naturalization or any other form |
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prescribed by the secretary of state. The notice shall be delivered |
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by forwardable mail to the mailing address on the voter's |
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registration application and to any new address of the voter known |
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to the registrar. |
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SECTION 4. Subchapter C, Chapter 18, Election Code, is |
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amended by adding Section 18.068 to read as follows: |
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Sec. 18.068. COMPARISON OF INFORMATION REGARDING |
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INELIGIBILITY. The secretary of state shall semiannually compare |
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the information received under Section 16.001 of this code and |
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Section 62.113, Government Code, to the statewide computerized |
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voter registration list. If the secretary determines that a voter |
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on the registration list is deceased or has been excused or |
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disqualified from jury service because the voter is not a citizen, |
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the secretary shall send notice of the determination to the voter |
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registrar of the counties considered appropriate by the secretary. |
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SECTION 5. Section 62.0132, Government Code, is amended by |
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adding Subsection (h) to read as follows: |
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(h) The questionnaire must notify a person that if the |
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person states that the person is not a citizen, the person will no |
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longer be eligible to vote if the person fails to provide proof of |
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citizenship. |
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SECTION 6. Section 62.0142, Government Code, as added by |
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Chapter 559, Acts of the 79th Legislature, Regular Session, 2005, |
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is amended to read as follows: |
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Sec. 62.0142. NOTICE ON WRITTEN SUMMONS. If a written |
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summons for jury duty allows a person to claim a disqualification or |
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exemption by signing a statement and returning it to the clerk of |
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the court, the form must notify the person that by claiming a |
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disqualification or exemption based on: |
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(1) the lack of citizenship, the person will no longer |
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be eligible to vote if the person fails to provide proof of |
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citizenship; or |
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(2) lack of residence in the county, the person might |
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no longer be eligible to vote in the county. |
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SECTION 7. Sections 62.113(b) and (c), Government Code, are |
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amended to read as follows: |
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(b) On the third business day of each month, the clerk shall |
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send a copy of the list of persons excused or disqualified because |
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of citizenship in the previous month to: |
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(1) the voter registrar of the county; |
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(2) the secretary of state; and |
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(3) the county or district attorney, as applicable, |
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for an investigation of whether the person committed an offense |
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under Section 13.007, Election Code, or other law. |
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(c) A list compiled under this section may not be used for a |
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purpose other than a purpose described by Subsection (b) or Section |
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16.0332 or 18.068, Election Code. |
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SECTION 8. The changes in law made by this Act to Sections |
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62.0132 and 62.0142, Government Code, apply only to a written |
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summons or questionnaire printed on or after the effective date of |
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this Act. A written summons or questionnaire printed before the |
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effective date of this Act is governed by the law in effect |
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immediately before the effective date of this Act, and the former |
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law is continued in effect for that purpose. |
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SECTION 9. This Act takes effect September 1, 2007. |