By: Jackson, et al. (Senate Sponsor - Duncan) H.B. No. 174
         (In the Senate - Received from the House May 11, 2011;
  May 11, 2011, read first time and referred to Committee on State
  Affairs; May 18, 2011, reported adversely, with favorable
  Committee Substitute by the following vote:  Yeas 9, Nays 0;
  May 18, 2011, sent to printer.)
 
  COMMITTEE SUBSTITUTE FOR H.B. No. 174 By:  Duncan
 
 
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.  Section 16.001, Election Code, is amended by
  amending Subsections (a) and (b) and adding Subsection (d) 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.
         (d)  The secretary of state shall quarterly obtain from the
  United States Social Security Administration available information
  specified by the secretary relating to deceased residents of the
  state.
         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.
 
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