| 1 | 1 | | 84R5074 LED-D |
|---|
| 2 | 2 | | By: Schofield H.B. No. 2960 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to certain information reported to county voter registrars |
|---|
| 8 | 8 | | and to the Department of Public Safety and to the cancellation of a |
|---|
| 9 | 9 | | driver's license based on that information. |
|---|
| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 11 | 11 | | SECTION 1. Section 16.001(c), Election Code, is amended to |
|---|
| 12 | 12 | | read as follows: |
|---|
| 13 | 13 | | (c) Once each week, on a day specified by the secretary of |
|---|
| 14 | 14 | | state, the vital statistics unit of the Department of State Health |
|---|
| 15 | 15 | | Services [Bureau of Vital Statistics] shall furnish to the |
|---|
| 16 | 16 | | secretary of state available information specified by the secretary |
|---|
| 17 | 17 | | relating to deceased residents of the state. Not later than the |
|---|
| 18 | 18 | | fifth business day after the date the secretary of state receives |
|---|
| 19 | 19 | | the information from the department [Periodically], the secretary |
|---|
| 20 | 20 | | shall furnish to the appropriate voter registrars information |
|---|
| 21 | 21 | | obtained from the department [bureau] that will assist in |
|---|
| 22 | 22 | | identifying the deceased registered voters of each county. |
|---|
| 23 | 23 | | SECTION 2. Subchapter H, Chapter 411, Government Code, is |
|---|
| 24 | 24 | | amended by adding Section 411.209 to read as follows: |
|---|
| 25 | 25 | | Sec. 411.209. CANCELLATION ON NOTICE OF DEATH. Not later |
|---|
| 26 | 26 | | than the fifth business day after the date the department receives a |
|---|
| 27 | 27 | | copy of a person's death certificate under Section 191.030, Health |
|---|
| 28 | 28 | | and Safety Code, the department shall cancel a license issued to the |
|---|
| 29 | 29 | | person under this subchapter. |
|---|
| 30 | 30 | | SECTION 3. Subchapter B, Chapter 191, Health and Safety |
|---|
| 31 | 31 | | Code, is amended by adding Section 191.030 to read as follows: |
|---|
| 32 | 32 | | Sec. 191.030. RECORDS FILED WITH COUNTY AND DEPARTMENT OF |
|---|
| 33 | 33 | | PUBLIC SAFETY. (a) Not later than the 10th day of each month, the |
|---|
| 34 | 34 | | local registrar shall file with the commissioners court or the |
|---|
| 35 | 35 | | county auditor, as appropriate, a copy of each death certificate |
|---|
| 36 | 36 | | filed with the local registrar during the preceding month. |
|---|
| 37 | 37 | | (b) Each copy must show the local registrar's file date and |
|---|
| 38 | 38 | | signature. |
|---|
| 39 | 39 | | (c) The copies shall be deposited in the county clerk's |
|---|
| 40 | 40 | | office. |
|---|
| 41 | 41 | | (d) This section does not apply in a municipality that has |
|---|
| 42 | 42 | | an ordinance requiring that a copy of each birth, death, and fetal |
|---|
| 43 | 43 | | death certificate be permanently filed in the office of the |
|---|
| 44 | 44 | | municipality's registrar. |
|---|
| 45 | 45 | | (e) Not later than the fifth business day after the date the |
|---|
| 46 | 46 | | local registrar files a copy of a certificate under Subsection (a), |
|---|
| 47 | 47 | | the local registrar shall file a copy of each death certificate |
|---|
| 48 | 48 | | filed with the local registrar during the preceding month with the |
|---|
| 49 | 49 | | Department of Public Safety. |
|---|
| 50 | 50 | | SECTION 4. Subchapter A, Chapter 521, Transportation Code, |
|---|
| 51 | 51 | | is amended by adding Section 521.011 to read as follows: |
|---|
| 52 | 52 | | Sec. 521.011. CANCELLATION ON NOTICE OF DEATH. Not later |
|---|
| 53 | 53 | | than the fifth business day after the date the department receives a |
|---|
| 54 | 54 | | copy of a person's death certificate under Section 191.030, Health |
|---|
| 55 | 55 | | and Safety Code, the department shall cancel a driver's license or |
|---|
| 56 | 56 | | personal identification certificate issued to the person under this |
|---|
| 57 | 57 | | chapter. |
|---|
| 58 | 58 | | SECTION 5. Chapter 521A, Transportation Code, is amended by |
|---|
| 59 | 59 | | adding Section 521A.002 to read as follows: |
|---|
| 60 | 60 | | Sec. 521A.002. CANCELLATION ON NOTICE OF DEATH. Not later |
|---|
| 61 | 61 | | than the fifth business day after the date the department receives a |
|---|
| 62 | 62 | | copy of a person's death certificate under Section 191.030, Health |
|---|
| 63 | 63 | | and Safety Code, the department shall cancel an election |
|---|
| 64 | 64 | | identification certificate issued to the person under this chapter. |
|---|
| 65 | 65 | | SECTION 6. Subchapter A, Chapter 522, Transportation Code, |
|---|
| 66 | 66 | | is amended by adding Section 522.008 to read as follows: |
|---|
| 67 | 67 | | Sec. 522.008. CANCELLATION ON NOTICE OF DEATH. Not later |
|---|
| 68 | 68 | | than the fifth business day after the date the department receives a |
|---|
| 69 | 69 | | copy of a person's death certificate under Section 191.030, Health |
|---|
| 70 | 70 | | and Safety Code, the department shall cancel a commercial driver's |
|---|
| 71 | 71 | | license or commercial driver learner's permit issued to the person |
|---|
| 72 | 72 | | under this chapter. |
|---|
| 73 | 73 | | SECTION 7. This Act takes effect immediately if it receives |
|---|
| 74 | 74 | | a vote of two-thirds of all the members elected to each house, as |
|---|
| 75 | 75 | | provided by Section 39, Article III, Texas Constitution. If this |
|---|
| 76 | 76 | | Act does not receive the vote necessary for immediate effect, this |
|---|
| 77 | 77 | | Act takes effect September 1, 2015. |
|---|