82R119 ATP-D
 
  By: Jackson, Burkett H.B. No. 174
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the cancellation of the voter registration and to the
 
  eligibility to vote of persons who are deceased or not citizens of
 
  the United States.
         
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         
         SECTION 1.  Sections 16.001(a) and (b), Election Code, are
 
  amended to read as follows:
         
         (a)  Each month the local registrar of deaths shall prepare
 
  an abstract of each death certificate issued in the month for a
 
  decedent 18 years of age or older who was a resident of the state at
 
  the time of death. The local registrar of deaths shall file each
 
  abstract with the voter registrar of the decedent's county of
 
  residence and the secretary of state not later than the 10th day of
 
  the month following the month in which the abstract is prepared.
         
         (b)  Each month the clerk of each court having probate
 
  jurisdiction shall prepare an abstract of each application for
 
  probate of a will, administration of a decedent's estate, or
 
  determination of heirship, and each affidavit under Section 137,
 
  Texas Probate Code, that is filed in the month with a court served
 
  by the clerk. The clerk shall file each abstract with the voter
 
  registrar and the secretary of state not later than the 10th day of
 
  the month following the month in which the abstract is prepared.
         
         SECTION 2.  Section 16.031(b), Election Code, is amended to
 
  read as follows:
         
         (b)  The registrar shall cancel a voter's registration
 
  immediately if the registrar:
               
               (1)  determines from information received under
 
  Section 16.001(c) that the voter is deceased;
               
               (2)  has personal knowledge that the voter is deceased;
 
  [or]
               
               (3)  receives from a person related within the second
 
  degree by consanguinity or affinity, as determined under Chapter
 
  573, Government Code, to the voter a sworn statement by that person
 
  indicating that the voter is deceased; or
               
               (4)  receives notice from the secretary of state under
 
  Section 18.068 that the voter is deceased.
         
         SECTION 3.  Section 16.0332(a), Election Code, is amended to
 
  read as follows:
         
         (a)  After the registrar receives a list under Section 18.068
 
  of this code or Section 62.113, Government Code, of persons excused
 
  or disqualified from jury service because of citizenship status,
 
  the registrar shall deliver to each registered voter whose name
 
  appears on the list a written notice requiring the voter to submit
 
  to the registrar proof of United States citizenship in the form of a
 
  certified copy of the voter's birth certificate, United States
 
  passport, or certificate of naturalization or any other form
 
  prescribed by the secretary of state. The notice shall be delivered
 
  by forwardable mail to the mailing address on the voter's
 
  registration application and to any new address of the voter known
 
  to the registrar.
         
         SECTION 4.  Subchapter C, Chapter 18, Election Code, is
 
  amended by adding Section 18.068 to read as follows:
         
         Sec. 18.068.  COMPARISON OF INFORMATION REGARDING
 
  INELIGIBILITY. The secretary of state shall quarterly compare the
 
  information received under Section 16.001 of this code and Section
 
  62.113, Government Code, to the statewide computerized voter
 
  registration list. If the secretary determines that a voter on the
 
  registration list is deceased or has been excused or disqualified
 
  from jury service because the voter is not a citizen, the secretary
 
  shall send notice of the determination to the voter registrar of the
 
  counties considered appropriate by the secretary.
         
         SECTION 5.  Section 62.0132, Government Code, is amended by
 
  adding Subsection (h) to read as follows:
         
         (h)  The questionnaire must notify a person that if the
 
  person states that the person is not a citizen, the person will no
 
  longer be eligible to vote if the person fails to provide proof of
 
  citizenship.
         
         SECTION 6.  Section 62.0142, Government Code, is amended to
 
  read as follows:
         
         Sec. 62.0142.  NOTICE ON WRITTEN SUMMONS.  If a written
 
  summons for jury duty allows a person to claim a disqualification or
 
  exemption by signing a statement and returning it to the clerk of
 
  the court, the form must notify the person that by claiming a
 
  disqualification or exemption based on:
               
               (1)  the lack of citizenship, the person will no longer
 
  be eligible to vote if the person fails to provide proof of
 
  citizenship; or
               
               (2)  lack of residence in the county, the person might
 
  no longer be eligible to vote in the county.
         
         SECTION 7.  Sections 62.113(b) and (c), Government Code, are
 
  amended to read as follows:
         
         (b)  On the third business day of each month, the clerk shall
 
  send a copy of the list of persons excused or disqualified because
 
  of citizenship in the previous month to:
               
               (1)  the voter registrar of the county;
               
               (2)  the secretary of state; and
               
               (3)  the county or district attorney, as applicable,
 
  for an investigation of whether the person committed an offense
 
  under Section 13.007, Election Code, or other law.
         
         (c)  A list compiled under this section may not be used for a
 
  purpose other than a purpose described by Subsection (b) or Section
 
  16.0332 or 18.068, Election Code.
         
         SECTION 8.  The changes in law made by this Act to Sections
 
  62.0132 and 62.0142, Government Code, apply only to a written
 
  summons or questionnaire printed on or after the effective date of
 
  this Act.  A written summons or questionnaire printed before the
 
  effective date of this Act is governed by the law in effect
 
  immediately before the effective date of this Act, and the former
 
  law is continued in effect for that purpose.
         
         SECTION 9.  This Act takes effect September 1, 2011.