By: Burnam, Hernandez Luna, et al. H.B. No. 3593
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the determination that a voter is deceased.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 16.033(b), (c), and (d), Election Code,
  are amended to read as follows:
         (b)  If the registrar has reason to believe that a voter is no
  longer eligible for registration, the registrar shall deliver
  written notice to the voter indicating that the voter's
  registration status is being investigated by the registrar. 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. If the secretary of
  state has adopted or recommended a form for a written notice under
  this section, the registrar must use that form.
         (c)  The notice must include:
               (1)  a request for information relevant to determining
  the voter's eligibility for registration; and
               (2)  a warning that the voter's registration is subject
  to cancellation if the registrar does not receive an appropriate
  reply on or before the 60th [30th] day after the date the notice is
  mailed.
         (d)  Except as provided by Subsection (e), the registrar
  shall cancel a voter's registration if:
               (1)  after considering the voter's reply, the registrar
  determines that the voter is not eligible for registration;
               (2)  no reply is received from the voter on or before
  the 60th [30th] day after the date the notice is mailed to the voter
  under Subsection (b); or
               (3)  each notice mailed under Subsection (b) is
  returned undelivered to the registrar with no forwarding
  information available.
         SECTION 2.  Section 18.068, Election Code, as added by
  Chapter 683 (H.B. 174), Acts of the 82nd Legislature, Regular
  Session, 2011, is amended to read as follows:
         Sec. 18.068.  COMPARISON OF INFORMATION REGARDING
  INELIGIBILITY. (a)  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.
         (b)  The secretary of state shall by rule determine what
  information combinations identified as common to a voter and to an
  individual who is deceased constitute a weak match or a strong match
  in order to:
               (1)  produce the least possible impact on Texas voters;
  and
               (2)  fulfill its responsibility to manage the voter
  rolls.
         (c)  The secretary of state may not determine that a voter is
  deceased based on a weak match. The secretary of state may inform
  the county of the voter's residence that a weak match exists.
         (d)  On receiving notification from the secretary of state
  under Subsection (c) that a weak match of identifying information
  exists for a county voter and an individual who is deceased, the
  county shall investigate whether the voter is the individual who is
  deceased. If the county determines that the voter is alive or if
  the voter appears to vote in person, the county shall request that
  the voter provide any information required to be furnished on a
  voter registration application that the county does not have
  recorded for the voter, but the voter may not be required to furnish
  the information. A weak match may not be the sole basis on which to
  cancel a voter's voter registration or to require the voter to
  furnish additional information to prevent cancellation of the
  voter's voter registration.
         (e)  The secretary of state may determine that a voter is
  deceased based on a strong match.
         (f)  The secretary of state may obtain, for purposes of
  determining whether a voter is deceased, information from other
  state agency databases relating to a voter that is the same type of
  information that the secretary of state or a voter registrar
  collects or stores for voter registration purposes.
         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, 2013.