HBA-RBT H.B. 1699 76(R) BILL ANALYSIS
Office of House Bill AnalysisH.B. 1699
By: Danburg
Elections
3/2/1999
Introduced
BACKGROUND AND PURPOSE
Currently, Texas voter registration records contain some duplications and
erroneous information. When voters relocate or die, their registration
records are not updated. Leaving inactive names on the rolls increases the
cost of elections. Also, in some counties, the Texas Department of Public
Safety (DPS) does not forward the voter registration card applications it
collects, and affected county voter registrars must instead go by each DPS
location and pick them up. The Election Code mandates that state agencies
are responsible for forwarding completed voter registration applications to
the county voter registrar within five business days. H.B. 1699 would
require certain changes and requirements relating to the voter registration
application and to the confirmation notice form requesting confirmation of
a voter's death.
RULEMAKING AUTHORITY
It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the secretary of state in SECTION 6
(Section 13.141, Election Code) and SECTION 20 of this bill.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 12.006, Election Code, by adding Subsection (e),
as follows:
(e) Requires a regular deputy registrar to comply with Section 13.033,
Election Code (Certificate of Appointment), and Section 13.040, Election
Code (Issuance of Receipt), in the same manner as a volunteer deputy
registrar.
SECTION 2. Amends Section 13.002(c), Election Code, to provide that a
voter registration application must also include the applicant's former
residence address or, if the former residence had no address, the address
at which the applicant received mail and a concise description of the
location of the applicant's former residence. Makes conforming and
nonsubstantive changes.
SECTION 3. Amends Section 13.042(c), Election Code, to provide that an
application submitted after the 18th day, rather than the 34th day, and
before the 13th day, rather than the 29th day, before the date of an
election in which any qualified voter of the county is eligible to vote
shall be delivered not later than 5 p.m. of the 13th day, rather than the
29th day.
SECTION 4. Amends Section 13.121(a), Election Code, to provide that the
registration by mail form must be the largest size permitted by the United
States Postal Service for a business reply postcard, rather than not larger
than the form in use immediately prior to January 1, 1986.
SECTION 5. Amends Section 13.122, Election Code, to prohibit the word
"optional" from being included in the space provided for the applicant's
driver's license number, personal identification card number, telephone
number, or social security number on the portion of an official
registration application form that is to be returned by the applicant.
Makes conforming and nonsubstantive changes.
SECTION 6. Amends Section 13.141, Election Code, to require the secretary
of state to prescribe procedures to ensure that the original registration
number assigned by the registrar is retained by the voter until the
voter's registration is canceled in that county and to promote retention of
the voter's original registration number to the extent practicable if the
voter changes residence to another county.
SECTION 7. Amends Sections 13.143(a) and (e), Election Code, to provide
that if an applicant's registration application is approved, the
registration becomes effective on the 14th day, rather than the 30th day,
after the date the application is submitted to the registrar or on the date
the applicant becomes 18 years of age, whichever is later. Makes a
conforming change.
SECTION 8. Amends the heading to Subchapter C, Chapter 15, Election Code,
as follows:
SUBCHAPTER C. CONFIRMATION OF REGISTRATION INFORMATION
SECTION 9. Amends Section 15.051(a), Election Code, to require the
registrar, upon receiving information relating to a voter's death from a
source other than a source described by Section 16.001, Election Code
(Death), or 16.031(b), Election Code (Cancellation on Official Notice of
Ineligibility), to deliver to the voter's address a written confirmation
notice requesting confirmation of the voter's death.
SECTION 10. Amends Section 15.052, Election Code, to provide that the
officially prescribed form for a confirmation notice requesting
confirmation of a voter's death must include:
_a section that may be completed and signed by any person related within
the second degree by consanguinity or affinity confirming by a sworn
statement that the information relating to the voter's death received by
the registrar is correct,
_a section that must be completed and signed by the voter notifying the
registrar that information received by the registrar relating to the
voter's death is incorrect,
_a statement that, if the completed and signed section of the form relating
to incorrect information received by the registrar is not delivered to the
registrar on or before the 30th day after the date the confirmation notice
is mailed, the voter is subject to submission of a statement of residence
before the voter may be accepted for voting in an election held after that
deadline, or the voter will remain subject to submission of a statement of
residence before the voter may be accepted for voting in an election, and
_a warning that the voter's registration is subject to cancellation if the
voter fails to vote on a statement of residence or notify the registrar in
writing that the information received by the registrar relating to the
voter's death is incorrect before November 30 following the second general
election for state and county officers that occurs after the date the
confirmation notice is mailed. Redesignates Subsections (b) and (c) to (c)
and (d), respectively. Makes conforming and nonsubstantive changes.
SECTION 11. Amends Section 15.053(a), Election Code, to require a voter
who is incorrectly referenced as deceased to deliver a written, signed
response to a notice requesting confirmation of the voter's death to the
registrar within 30 days that the information received by the registrar
relating to the voter's death is incorrect. Makes conforming and
nonsubstantive changes.
SECTION 12. Amends Section 16.031(b), Election Code, to delete the
provision requiring the registrar to cancel a voter's registration based on
the registrar's personal knowledge of the voter's death. Makes conforming
changes.
SECTION 13. Amends Section 18.008, Election Code, by adding Subsections
(e) and (f), as follows:
(e) Requires the secretary of state to prescribe a schedule of fees for
furnishing information under this section. Prohibits a fee from exceeding
the actual expense incurred in reproducing the information requested.
Requires the registrar to use fees collected under this section to defray
expenses incurred in furnishing the information.
(f) Prohibits a computer service company or other business entity, if a
county contracts with the company or other entity for services related to
the lists required under this subchapter, from charging more than the
county is authorized to charge for furnishing a copy of any list prepared
under this subchapter.
SECTION 14. Amends Section 18.061, Election Code, to provide that a
service program must periodically obtain information from registrars and
other sources in order to aid in ascertaining the history of participation
of each registered voter in city elections, primary elections, and general
elections for state and county officers. Requires the secretary of state
to periodically provide registrars with updated registration information in
the media requested to assist the registrars in maintaining accurate lists
of registered voters.
SECTION 15. Amends Section 18.062, Election Code, to provide that the
master file containing information on each voter in the state must also
contain available jurisdictional or distinguishing number for each
territorial unit in which the voter resides and the voter's history of
participation in city elections, primary elections, and general elections
for state and county officers. Provides that a voter's history of
participation includes only information indicating that the voter voted in
a particular election and that the voter voted through early voting in a
particular election.
SECTION 16. Amends Section 19.002(a), Election Code, to increase the
compensation a registrar is entitled to receive for initial registrations,
canceled registrations, and updated registrations. Makes a conforming
change.
SECTION 17. Amends Section 20.032, Election Code, by adding Subsection
(e), as follows:
(e) Requires an agency employee who provides voter registration assistance
under this section to comply with Sections 13.033 and 13.040, Election
Code, in the same manner as a volunteer deputy registrar.
SECTION 18. Amends Section 20.035, Election Code, to require an
application, submitted after the 18th day and before the 13th day before
the date of an election in which any qualified voter of the county is
eligible to vote, to be delivered not later than 5 p.m. of the 13th day
before election day.
SECTION 19. Amends Subchapter B, Chapter 20, Election Code, by adding
Section 20.0351, as follows:
Sec. 20.0351. FAILURE TO DELIVER APPLICATION. Requires the secretary of
state, if the secretary determines that the agency has failed to comply
with Section 20.035, to certify that determination to the comptroller.
Requires the comptroller to notify the agency that is the subject of the
certification that funds appropriated to the agency are subject to a
reduction in the amount of $500 for each violation, unless the agency
submits proof within 30 days to the comptroller that the agency has
complied with Section 20.035. Requires the comptroller to reduce the funds
appropriated to the agency for the fiscal year in which the agency fails to
comply with Section 20.035 by the amount of $500 for each violation or, if
all funds appropriated to the agency for the fiscal year in which the
agency fails to comply with Section 20.035 have been distributed to the
agency, reduce the funds appropriated to the agency during the next fiscal
year by the amount of $500 for each violation.
SECTION 20. Requires the secretary of state to prescribe procedures to
implement a statewide standardized coding system for assigning a
jurisdictional or distinguishing number for each territorial unit in which
a voter resides, including the territorial units described by Section
15.002(c), Election Code (Optional Contents), and for coding voter history
information described by Section 18.062(e), Election Code, as added by this
Act.
SECTION 21. Requires the secretary of state to study the feasibility of
developing a standardized electronic format for entering voter information
relating to residence address, including reviewing any United States Postal
Service approved software for address standardization, for the purpose of
identifying duplicate registrations by voters. Requires the secretary of
state to issue a report before December 1, 2000, summarizing any
recommendations by the secretary for address standardization, any
legislation proposed by the secretary for address standardization, and any
other findings or recommendations related to the issue of address
standardization. Requires the secretary of state to promptly deliver
copies of the report to the governor, lieutenant governor, and the speaker
of the house of representatives.
SECTION 22. Effective date: September 1, 1999, except as provided by this
section.
Makes application of this Act prospective to January 1, 2000, as to
Sections 13.002(c), 13.121(a), 13.122(a) and (d)
and 18.008, Election Code.
SECTION 23. Requires the secretary of state to prescribe a voter
registration application form, a form for a confirmation notice and
confirmation notice response, and a schedule of fees for furnishing
information as required under the changes made by this Act.
SECTION 24. Emergency clause.