H.B. No. 174
AN ACT
relating to the cancellation of the voter registration and to the
eligibility to vote of persons who are deceased or not citizens of
the United States.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 16.001, Election Code, is amended by
amending Subsections (a) and (b) and adding Subsection (d) to read
as follows:
(a) Each month the local registrar of deaths shall prepare
an abstract of each death certificate issued in the month for a
decedent 18 years of age or older who was a resident of the state at
the time of death. The local registrar of deaths shall file each
abstract with the voter registrar of the decedent's county of
residence and the secretary of state not later than the 10th day of
the month following the month in which the abstract is prepared.
(b) Each month the clerk of each court having probate
jurisdiction shall prepare an abstract of each application for
probate of a will, administration of a decedent's estate, or
determination of heirship, and each affidavit under Section 137,
Texas Probate Code, that is filed in the month with a court served
by the clerk. The clerk shall file each abstract with the voter
registrar and the secretary of state not later than the 10th day of
the month following the month in which the abstract is prepared.
(d) The secretary of state shall quarterly obtain from the
United States Social Security Administration available information
specified by the secretary relating to deceased residents of the
state.
SECTION 2. Section 16.031(b), Election Code, is amended to
read as follows:
(b) The registrar shall cancel a voter's registration
immediately if the registrar:
(1) determines from information received under
Section 16.001(c) that the voter is deceased;
(2) has personal knowledge that the voter is deceased;
[or]
(3) receives from a person related within the second
degree by consanguinity or affinity, as determined under Chapter
573, Government Code, to the voter a sworn statement by that person
indicating that the voter is deceased; or
(4) receives notice from the secretary of state under
Section 18.068 that the voter is deceased.
SECTION 3. Section 16.0332(a), Election Code, is amended to
read as follows:
(a) After the registrar receives a list under Section 18.068
of this code or Section 62.113, Government Code, of persons excused
or disqualified from jury service because of citizenship status,
the registrar shall deliver to each registered voter whose name
appears on the list a written notice requiring the voter to submit
to the registrar proof of United States citizenship in the form of a
certified copy of the voter's birth certificate, United States
passport, or certificate of naturalization or any other form
prescribed by the secretary of state. The notice shall be delivered
by forwardable mail to the mailing address on the voter's
registration application and to any new address of the voter known
to the registrar.
SECTION 4. Subchapter C, Chapter 18, Election Code, is
amended by adding Section 18.068 to read as follows:
Sec. 18.068. COMPARISON OF INFORMATION REGARDING
INELIGIBILITY. The secretary of state shall quarterly compare the
information received under Section 16.001 of this code and Section
62.113, Government Code, to the statewide computerized voter
registration list. If the secretary determines that a voter on the
registration list is deceased or has been excused or disqualified
from jury service because the voter is not a citizen, the secretary
shall send notice of the determination to the voter registrar of the
counties considered appropriate by the secretary.
SECTION 5. Section 62.0132, Government Code, is amended by
adding Subsection (h) to read as follows:
(h) The questionnaire must notify a person that if the
person states that the person is not a citizen, the person will no
longer be eligible to vote if the person fails to provide proof of
citizenship.
SECTION 6. Section 62.0142, Government Code, is amended to
read as follows:
Sec. 62.0142. NOTICE ON WRITTEN SUMMONS. If a written
summons for jury duty allows a person to claim a disqualification or
exemption by signing a statement and returning it to the clerk of
the court, the form must notify the person that by claiming a
disqualification or exemption based on:
(1) the lack of citizenship, the person will no longer
be eligible to vote if the person fails to provide proof of
citizenship; or
(2) lack of residence in the county, the person might
no longer be eligible to vote in the county.
SECTION 7. Sections 62.113(b) and (c), Government Code, are
amended to read as follows:
(b) On the third business day of each month, the clerk shall
send a copy of the list of persons excused or disqualified because
of citizenship in the previous month to:
(1) the voter registrar of the county;
(2) the secretary of state; and
(3) the county or district attorney, as applicable,
for an investigation of whether the person committed an offense
under Section 13.007, Election Code, or other law.
(c) A list compiled under this section may not be used for a
purpose other than a purpose described by Subsection (b) or Section
16.0332 or 18.068, Election Code.
SECTION 8. The changes in law made by this Act to Sections
62.0132 and 62.0142, Government Code, apply only to a written
summons or questionnaire printed on or after the effective date of
this Act. A written summons or questionnaire printed before the
effective date of this Act is governed by the law in effect
immediately before the effective date of this Act, and the former
law is continued in effect for that purpose.
SECTION 9. This Act takes effect September 1, 2011.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 174 was passed by the House on May 10,
2011, by the following vote: Yeas 143, Nays 1, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 174 on May 25, 2011, by the following vote: Yeas 144, Nays 0, 2
present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 174 was passed by the Senate, with
amendments, on May 24, 2011, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor