Texas 2009 - 81st Regular

Texas House Bill HB208 Compare Versions

The same version is selected twice. Please select two different versions to compare.

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	81R334 ATP-D
2	2	By: Jackson, Brown of Kaufman, Legler, Flynn, H.B. No. 208
3	3	Paxton, et al.
4	4
5	5
6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	relating to the cancellation of the voter registration and to the
9	9	eligibility to vote of persons who are deceased or not citizens of
10	10	the United States.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Sections 16.001(a) and (b), Election Code, are
13	13	amended to read as follows:
14	14	(a) Each month the local registrar of deaths shall prepare
15	15	an abstract of each death certificate issued in the month for a
16	16	decedent 18 years of age or older who was a resident of the state at
17	17	the time of death. The local registrar of deaths shall file each
18	18	abstract with the voter registrar of the decedent's county of
19	19	residence and the secretary of state not later than the 10th day of
20	20	the month following the month in which the abstract is prepared.
21	21	(b) Each month the clerk of each court having probate
22	22	jurisdiction shall prepare an abstract of each application for
23	23	probate of a will, administration of a decedent's estate, or
24	24	determination of heirship, and each affidavit under Section 137,
25	25	Texas Probate Code, that is filed in the month with a court served
26	26	by the clerk. The clerk shall file each abstract with the voter
27	27	registrar and the secretary of state not later than the 10th day of
28	28	the month following the month in which the abstract is prepared.
29	29	SECTION 2. Section 16.031(b), Election Code, is amended to
30	30	read as follows:
31	31	(b) The registrar shall cancel a voter's registration
32	32	immediately if the registrar:
33	33	(1) determines from information received under
34	34	Section 16.001(c) that the voter is deceased;
35	35	(2) has personal knowledge that the voter is deceased;
36	36	[or]
37	37	(3) receives from a person related within the second
38	38	degree by consanguinity or affinity, as determined under Chapter
39	39	573, Government Code, to the voter a sworn statement by that person
40	40	indicating that the voter is deceased; or
41	41	(4) receives notice from the secretary of state under
42	42	Section 18.068 that the voter is deceased.
43	43	SECTION 3. Section 16.0332(a), Election Code, is amended to
44	44	read as follows:
45	45	(a) After the registrar receives a list under Section 18.068
46	46	of this code or Section 62.113, Government Code, of persons excused
47	47	or disqualified from jury service because of citizenship status,
48	48	the registrar shall deliver to each registered voter whose name
49	49	appears on the list a written notice requiring the voter to submit
50	50	to the registrar proof of United States citizenship in the form of a
51	51	certified copy of the voter's birth certificate, United States
52	52	passport, or certificate of naturalization or any other form
53	53	prescribed by the secretary of state. The notice shall be delivered
54	54	by forwardable mail to the mailing address on the voter's
55	55	registration application and to any new address of the voter known
56	56	to the registrar.
57	57	SECTION 4. Subchapter C, Chapter 18, Election Code, is
58	58	amended by adding Section 18.068 to read as follows:
59	59	Sec. 18.068. COMPARISON OF INFORMATION REGARDING
60	60	INELIGIBILITY. The secretary of state shall quarterly compare the
61	61	information received under Section 16.001 of this code and Section
62	62	62.113, Government Code, to the statewide computerized voter
63	63	registration list. If the secretary determines that a voter on the
64	64	registration list is deceased or has been excused or disqualified
65	65	from jury service because the voter is not a citizen, the secretary
66	66	shall send notice of the determination to the voter registrar of the
67	67	counties considered appropriate by the secretary.
68	68	SECTION 5. Section 62.0132, Government Code, is amended by
69	69	adding Subsection (h) to read as follows:
70	70	(h) The questionnaire must notify a person that if the
71	71	person states that the person is not a citizen, the person will no
72	72	longer be eligible to vote if the person fails to provide proof of
73	73	citizenship.
74	74	SECTION 6. Section 62.0142, Government Code, is amended to
75	75	read as follows:
76	76	Sec. 62.0142. NOTICE ON WRITTEN SUMMONS. If a written
77	77	summons for jury duty allows a person to claim a disqualification or
78	78	exemption by signing a statement and returning it to the clerk of
79	79	the court, the form must notify the person that by claiming a
80	80	disqualification or exemption based on:
81	81	(1) the lack of citizenship, the person will no longer
82	82	be eligible to vote if the person fails to provide proof of
83	83	citizenship; or
84	84	(2) lack of residence in the county, the person might
85	85	no longer be eligible to vote in the county.
86	86	SECTION 7. Sections 62.113(b) and (c), Government Code, are
87	87	amended to read as follows:
88	88	(b) On the third business day of each month, the clerk shall
89	89	send a copy of the list of persons excused or disqualified because
90	90	of citizenship in the previous month to:
91	91	(1) the voter registrar of the county;
92	92	(2) the secretary of state; and
93	93	(3) the county or district attorney, as applicable,
94	94	for an investigation of whether the person committed an offense
95	95	under Section 13.007, Election Code, or other law.
96	96	(c) A list compiled under this section may not be used for a
97	97	purpose other than a purpose described by Subsection (b) or Section
98	98	16.0332 or 18.068, Election Code.
99	99	SECTION 8. The changes in law made by this Act to Sections
100	100	62.0132 and 62.0142, Government Code, apply only to a written
101	101	summons or questionnaire printed on or after the effective date of
102	102	this Act. A written summons or questionnaire printed before the
103	103	effective date of this Act is governed by the law in effect
104	104	immediately before the effective date of this Act, and the former
105	105	law is continued in effect for that purpose.
106	106	SECTION 9. This Act takes effect September 1, 2009.