HBA-NMO, RBT C.S.H.B. 1699 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 1699
By: Danburg
Elections
5/6/1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Currently, Texas voter registration records contain duplications and may
contain erroneous information.  In addition, current law requires state
agencies to forward completed voter registration applications to respective
county voter registrars within five business days.  However, in some
counties, the Department of Public Safety does not forward the completed
voter registration applications it collects.  C.S.H.B. 1699 makes changes
relating to certain voter registration information, processes, and
procedures. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency or institution. 
 
SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 13.004, Election Code, as follows:

Sec.  13.004.  New title: RECORDING AND DISCLOSURE OF TELEPHONE NUMBER OR
SOCIAL SECURITY NUMBER BY REGISTRAR.  (a) Makes no changes. 

(b) Makes no changes.

(c)Provides that a social security number or telephone number furnished on
a registration application is confidential and does not constitute public
information for purposes of Chapter 552, Government Code.  Requires the
registrar to ensure that the social security number and the telephone
number are excluded from disclosure. 

SECTION 2.  Amends Section 13.122, Election Code, by amending Subsection
(a) and adding Subsection (d), as follows: 

(a) Makes conforming changes.

(d) Prohibits 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.  

SECTION 3.  Amends the heading of Subchapter C, Chapter 15, Election Code,
to read as follows: 

SUBCHAPTER C.  CONFIRMATION OF REGISTRATION INFORMATION 

SECTION 4.  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 5.  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 existing Subsections (b) and (c) as Subsections (c) and (d),
respectively.  Makes conforming and nonsubstantive changes. 

SECTION 6.  Amends Section 15.053(a), Election Code, to require a voter who
is incorrectly referenced as deceased, not later than the 30th day after
the date a confirmation notice requesting confirmation of a voter's death
is mailed, to submit a written, signed response to the notice notifying the
registrar that the information received by the registrar relating to the
voter's death is incorrect. Makes conforming and nonsubstantive changes. 

SECTION 7.  Amends Section 16.003, Election Code, to require the Department
of Public Safety (DPS) to prepare each month an abstract of information
received under Chapter 60 (Criminal History Record System), Code of
Criminal Procedure.  Deletes language requiring the clerk of each court to
prepare an abstract of judgment.  Requires DPS and the Texas Department of
Criminal Justice to file the abstracts within a reasonable period of time,
rather than by the 10th of the following month. 

SECTION 8.  Amends Section 18.005(a), Election Code, to provide that each
list of registered voters must contain the voter's mailing address. 

SECTION 9.  Amends Section 18.008(a) and (c), to require the registrar to
furnish the list directly to the person requesting it.  Prohibits the
registrar, if the county has contracted with a computer service company or
other business entity for services related to the lists,  from requiring
the person requesting the list to contact the company or other entity to
obtain a copy of the list.  Requires that the copy be furnished in the same
magnetic media, rather than form of tape, or as a printout, if the list is
recorded on magnetic media, rather than tape. 

SECTION 10.  Amends Section 18.061, Election Code, by amending Subsection
(b) and adding Subsections (d) and (e), as follows: 

(b) Provides 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 primary elections and
general elections.   

(d) 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.   

(e) Authorizes a county or the secretary of state to acquire by purchase,
gift, or any other method the hardware and software necessary to support
the use of electronic data services. 

 SECTION 11.  Amends Subchapter C, Chapter 18, Election Code, by adding
Section 18.0615, as follows: 

Sec.  18.0615.  ELECTRONIC REPORTING REQUIRED.  Requires each county to
deliver to the secretary of state in electronic form the information
required by this subchapter. Authorizes a county to deliver the information
by means of electronic data services provided under a contract with the
secretary.  Requires the secretary of state to prescribe the procedures for
implementing this section. 

SECTION 12.  Amends Section 18.062, Election Code, by amending Subsection
(c) and adding Subsection (e), as follows: 

(c) Provides that the master file containing information on each voter in
the state must contain each voter's history of participation in primary
elections and general elections.   

(e) Provides that a voter's history of participation includes only
information indicating that the voter voted in a particular election and
the method if voting. 

SECTION 13.  Amends Section 18.063(a), Election Code, to require that
registration lists be forwarded in February and April, rather than January
and March, as well as June, September, and December.  Makes a conforming
change. 

SECTION 14.  Amends Section 18.064, Election Code, to set forth a sanction
for registrar noncompliance with Section 15.083 (Delivery of List to
Secretary of State), rather than Section 14.025. 

SECTION 15.  Amends Section 18.065(a), Election Code, to make conforming
changes. 

SECTION 16.  Amends Section 19.002(d), Election Code, to make conforming
changes. 

SECTION 17.  Amends Section 20.035, Election Code, by amending Subsection
(b), and adding Subsection (c), as follows: 

(b) Makes conforming changes.

(c) Requires an application to be delivered to the registrar not later than
5 p.m. of the fifth day after the date the application is submitted to the
employee.  Requires an application, submitted after the 34th day and before
the 29th 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 29th day before election day. 

SECTION 18.  Amends Section 20.063, Election Code, by adding Subsection
(e), as follows: 

(e) Requires DPS, if the applicant for an original or renewal driver's
license, personal identification card, or duplicate or corrected license or
card completes a voter registration application form provided by DPS and it
issues a temporary license or card, to indicate on the temporary license or
card that the applicant has completed a voter registration application form
provided by DPS.  Requires the secretary of state to prescribe procedures
to permit a person to use a temporary license or card issued under this
subsection for purposes of voting in an election. 

SECTION 19.  Amends Article 42.03, Code of Criminal Procedure, by adding
Section 5, as follows: 

Sec.  5.  Requires the judge, at the time the judge pronounces sentence to,
inform a defendant convicted of a felony that the defendant will lose the
right to vote from the time the judgment becomes final until the time the
defendant's sentence has been fully discharged or the defendant had been
pardoned or otherwise released from the disability to vote. 

SECTION 20.  Amends Section 521.101, Transportation Code, by adding
Subsection (h), as follows: 
 
(h) Requires DPS, if the applicant for the personal identification
certificate completes a voter registration application form provided by DPS
and it issues a temporary certificate, to indicate on the certificate or a
duplicate or corrected certificate that the applicant has completed a voter
registration application form provided by DPS. 

SECTION 21.  Amends Section 521.124, Transportation Code, by adding
Subsection (c), as follows: 

(c) Requires DPS to indicate on the temporary license that the applicant
has completed a voter registration application form provided by DPS, if the
applicant for an original or renewal driver's license, or duplicate or
corrected license completes a voter registration application form provided
by DPS and it issues a temporary license. 

SECTION 22.  Requires the secretary of state to prescribe procedures by
January 1, 2001, to implement a statewide standardized coding system for
coding voter history information described by Section 18.062(e), Election
Code, as added by this Act. 

SECTION 23.  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 24. Requires the secretary of state, by January 1, 2000, to
prescribe a voter registration application form, a form for a confirmation
notice and confirmation notice response, conforming to the changes made by
Sections 15.052 and 15.053, as amended by this Act. 

SECTION 25.  Requires DPS, by January 1, 2000, to prescribe a temporary
license form and a temporary personal identification certificate for that
conforms to the changes made by Section 20.063(e), Election Code, as added
by this Act, and Sections 521.101(h) and 521.124(c), Transportation Code,
as added by this Act. 

SECTION 26.  Makes application of Section 18.0615 of this Act prospective
to November 2, 1999. 

SECTION 27.  Effective date: September 1, 1999.  Sections 13.122(a) and
(d), Election Code take effect January 1, 2000.  Makes application of
Sections 13.122(a) and (d), Election Code prospective. Sections 20.063(e),
Election Code, and Sections 521.101(h) and 521.124(c), Transportation Code,
as added by this Act, take effect January 1, 2000. 

SECTION 28.  Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute differs from the original by deleting SECTIONS 1-4, 6-7,
12-13, 16-17, 19, 22 and 23, relating to Section 12.006, Election Code
(duties of regular deputy registrars), Section 13.002(c), Election Code
(voting disabilities), Section 13.042(c), Election Code (changing the dates
for voting after submitting a registration application), Section 13.121(a),
Election Code (postcards for registration), Section 13.141, Election Code
(requiring the secretary of state to prescribe regulations),  
Section 13.143, Election Code (changing the dates for an application to be
considered timely), Section 16.031, Election Code (cancellation of
registration), Section 18.008, Election Code (prescribing a schedule of
fees), Section 19.002, Election Code (modifying the amount of money each
registrar is entitled to receive), Section 20.032, Election Code (duties of
agency employees), Section 20.0351, Election Code (failure to deliver
application), prospective clauses and effective dates. 

The substitute differs from the original by redesignating SECTIONS 5, 8, 9,
10, 11, 14, 15, 18, 20,  21, 23, 24 of the original as SECTIONS 2, 3, 4, 5,
6, 10, 12, 17, 22, 23, 24, and 28, respectively, of the substitute. 

The substitute differs from the original by adding new versions of SECTIONS
1, 7, 8, 9, 11, 13, 14, 15, 16, 18, 19, 20, 21, 25, 26, and 27.  With
respect to the content of these SECTIONS, please see the Section-by-Section
Analysis portion of this document.