84R24899 ATP-D

By: Kacal H.B. No. 3779

Substitute the following for H.B. No. 3779:

By: Schofield C.S.H.B. No. 3779

A BILL TO BE ENTITLED

AN ACT

relating to providing certain persons with resources for notifying the voter registrar of a death and related procedures.

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

SECTION 1. Section 16.031, Election Code, is amended by amending Subsection (b) and adding Subsection (c) 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;

(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 signed [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.

(c) The secretary of state shall prescribe and make publicly available a form that a person may use to make a statement under Subsection (b)(3). The form must:

(1) state that the person submitting the form must be related to the deceased person within the second degree by consanguinity or affinity, as determined under Chapter 573, Government Code;

(2) require the person submitting the form to sign the form; and

(3) require the person to provide enough information to enable the voter registrar to distinguish the deceased person from any other registered voter.

SECTION 2. Section 651.201(a), Occupations Code, is amended to read as follows:

(a) The commission shall prepare a brochure with information of public interest:

(1) explaining matters relating to funerals; [and]

(2) describing:

(A) the functions of the commission; and

(B) the commission's procedures for filing and resolving a public complaint; and

(3) informing persons that a voter registrar must cancel a voter's voter registration if a person related to the voter within the second degree by consanguinity or affinity, as determined under Chapter 573, Government Code, provides the registrar with a signed statement by the person indicating that the voter is deceased, and that the secretary of state has adopted a form that may be used to make the signed statement.

SECTION 3. This Act takes effect January 1, 2016.