BILL ANALYSIS

H.B. 2960

By: Schofield

Elections

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Currently, there is a procedure under which information related to deceased persons is used in identifying persons on the list of registered voters of each county who are deceased. Interested parties note some ambiguity in state law regarding a person's death and the procedure required to remove a person from the voter roll. Due to this ambiguity, there is chance for fault in the voter roll that can lead to complication and confusion. H.B. 2960 seeks to remedy this situation.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 2960 amends the Election Code to change the frequency with which the secretary of state is required to furnish to the appropriate voter registrars information obtained from the vital statistics unit of the Department of State Health Services (DSHS) that will assist in identifying the deceased registered voters of each county by requiring the information to be furnished not later than the fifth business day after the date the secretary of state receives the information from DSHS instead of furnished periodically.

H.B. 2960 amends the Health and Safety Code to require the local registrar of each registration district for the purposes of registering births, deaths, and fetal deaths, not later than the 10th day of each month, to file with the commissioners court of a county or the county auditor, as appropriate, a copy of each death certificate filed with the local registrar during the preceding month. The bill requires each copy to show the local registrar's file date and signature and to be deposited in the county clerk's office. The bill requires the local registrar, not later than the fifth business day after the date the local registrar files a copy of a death certificate, to file a copy of each death certificate filed with the local registrar during the preceding month with the Department of Public Safety (DPS). The bill exempts from the requirement to file such a death certificate with a county and DPS a municipality that has an ordinance requiring a copy of each birth, death, and fetal death certificate to be permanently filed in the office of the municipality's registrar.

H.B. 2960 amends the Government Code to require DPS, not later than the fifth business day after the date DPS receives the copy of a person's death certificate, to cancel a license to carry a concealed handgun issued to the person.

H.B. 2960 amends the Transportation Code to require, not later than the fifth business day after the date DPS receives the copy of a person's death certificate, to cancel a driver's license, personal identification certificate, election identification certificate, commercial driver's license, or commercial driver learner's permit issued to the person.

EFFECTIVE DATE

On passage, or, if the bill does not receive the necessary vote, September 1, 2015.