By: Duncan S.B. No. 1046

(In the Senate - Filed March 1, 2011; March 16, 2011, read first time and referred to Committee on State Affairs; April 11, 2011, reported favorably by the following vote: Yeas 9, Nays 0; April 11, 2011, sent to printer.)

A BILL TO BE ENTITLED

AN ACT

relating to information regarding deceased registered voters.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 16.001, Election Code, is amended by adding Subsection (d) to read as follows:

(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 and compare the information received to the statewide computerized voter registration list. If the secretary determines that a voter on the registration list is deceased, the secretary shall send notice of the determination to the voter registrar of the counties considered appropriate by the secretary.

SECTION 2. Subsection (b), Section 16.031, 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 16.001(d) that the voter is deceased.

SECTION 3. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2011.

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