81R29431 ALB-D By: Farias H.B. No. 4389 Substitute the following for H.B. No. 4389: By: Rose C.S.H.B. No. 4389 A BILL TO BE ENTITLED AN ACT relating to procedures and forms for combining health and human services benefits applications with voter registration applications. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Chapter 20, Election Code, is amended by adding Subchapter F to read as follows: SUBCHAPTER F. HEALTH AND HUMAN SERVICES COMMISSION AND HEALTH AND HUMAN SERVICES AGENCIES Sec. 20.151. DEFINITIONS. In this subchapter: (1) "Commission" means the Health and Human Services Commission. (2) "Executive commissioner" means the executive commissioner of the Health and Human Services Commission. (3) "Health and human services agencies" has the meaning assigned by Section 531.001, Government Code. Sec. 20.152. APPLICABILITY OF OTHER PROVISIONS. The other provisions of this chapter apply to the commission and health and human services agencies except provisions that conflict with this subchapter. Sec. 20.153. FORMS AND PROCEDURES. (a) The executive commissioner shall prescribe and require use by the commission and health and human services agencies of forms and procedures that combine each application form for a benefits program administered by the commission or a health and human services agency with an officially prescribed voter registration application form. (b) The executive commissioner shall prescribe and require use by the commission and health and human services agencies of a change of address form and procedure that combines commission or health and human services agency functions and voter registration functions. The form must allow a recipient of benefits to indicate whether the change of address is also to be used for voter registration purposes. (c) The design, content, and physical characteristics of the forms required by this section must be approved by the secretary of state. (d) Forms required under this section must include the following statement in a prominent location: "If you are not a citizen of the United States, it is illegal for you to register to vote." Sec. 20.154. REGISTRATION PROCEDURES. (a) If a person completes a voter registration application provided under Section 20.153, the commission or health and human services agency, as appropriate, shall: (1) input the information provided on the application into the commission's or agency's electronic data system; and (2) inform the applicant that the applicant's electronic signature provided to the commission or agency will be used for submitting the applicant's voter registration application. (b) Not later than the fifth day after the date an applicant completes a voter registration application and provides an electronic signature to the commission or health and human services agency, the commission or agency, as applicable, shall electronically transfer the applicant's voter registration data, including the applicant's signature, to the secretary of state. (c) The secretary of state shall prescribe additional procedures as necessary to implement this section. Sec. 20.155. DECLINATION FORM NOT REQUIRED. The commission and the health and human services agencies are not required to comply with the procedures prescribed by this chapter relating to the form for a declination of voter registration. SECTION 2. The executive commissioner of the Health and Human Services Commission shall prescribe the forms and procedures necessary to implement Subchapter F, Chapter 20, Election Code, as added by this Act, not later than January 1, 2011. SECTION 3. This Act takes effect September 1, 2009.