By: Hochberg H.B. No. 1457
A BILL TO BE ENTITLED
AN ACT
relating to procedures concerning voter registration.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 11, Election Code is amended by adding
Section 11.0005 to read as follows: Sec. 11.0005. GENERAL POLICY
REGARDING ELIGIBILITY. It is the policy of this state that no
qualified citizen shall be denied the right to vote due to
governmental clerical errors or due to technical defects on an
applicant's voter registration application as long as the
information on the application demonstrates that the citizen is
qualified to vote.
SECTION 2. Subchapter C, Chapter 13, Election Code, is
amended by adding Section 13.0725 to read as follows:
Sec 13.0725. PROCESS FOR VERIFICATION OF AN APPLICANT'S
TEXAS DRIVER'S LICENSE NUMBER, DEPARTMENT OF PUBLIC SAFETY ISSUED
PERSONAL IDENTIFICATION NUMBER, AND SOCIAL SECURITY NUMBER. (a)
The secretary of state shall adopt rules establishing standards for
the verification of information on a voter registration application
submitted by a registrar under Section 13.072(a)(2)(A). The rules
shall provide a process by which the Texas driver's license number
or Department of Public Safety issued personal identification card
number is deemed verified if a reasonable person would conclude
that the Texas driver's license number or Department of Public
Safety issued personal identification card number submitted is the
correct number for that applicant.
(b) The secretary of state shall provide the registrar with,
if available, the name and date of birth maintained by the
Department of Public Safety or other agency used in the
verification process for a submitted application that corresponds
to the Texas driver's license number, Department of Public Safety
issued personal identification card number, or social security
number submitted by the registrar for verification if:
(1) the secretary of state cannot verify the accuracy
of an applicant's Texas driver's license number, Department of
Public Safety issued personal identification card number, or social
security number as submitted by the registrar; or
(2) the secretary of state verifies the accuracy of
the number provided, but it is not a perfect match with the personal
information provided by the registrar.
(c) A registrar shall review an application returned by the
secretary of state under Subsection (b). If the registrar
determines that a governmental clerical error was made in
processing or submitting the application, the registrar shall
correct the record and submit the corrected record to the secretary
of state as notice of the correction, and for verification under
Section 13.072(a)(2) if an application was returned due to failure
to verify.
SECTION 3. Section 13.073(a), Election Code, is amended to
read as follows: (a) Except as provided by Subsection (b), the
registrar shall deliver written notice of the reason for the
rejection of an application to the applicant not later than the
second day after the date of rejection. If an application is
rejected for failure to verify under Section 13.072, the notice
shall indicate whether the last name, date of birth, Texas driver's
license number, Department of Public Safety issued personal
identification card number, or social security number was the
reason for the failure to verify, if that information is provided by
the secretary of state.
SECTION 4. Not later than January 1, 2010, the secretary of
state shall adopt rules establishing the standard the required by
Section 13.0725, Election Code, as added by this Act.
SECTION 5. 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, 2009.