H.B. No. 4034
AN ACT
relating to certain voter registration information.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 13.004(c-1), Election Code, is amended
to read as follows:
(c-1) The registrar shall ensure that the information
listed in Subsection (c) is excluded from disclosure, except that
the registrar shall forward to the county chair of each county
executive committee the information necessary to contact
applicants who indicate interest in working as an election judge.
SECTION 2. Section 16.031(a), Election Code, is amended to
read as follows:
(a) The registrar shall cancel a voter's registration
immediately on receipt of:
(1) notice under Section 13.072(b) or 15.021 or a
response under Section 15.053 that the voter's residence is outside
the county;
(2) an abstract of the voter's death certificate under
Section 16.001(a) or an abstract of an application indicating that
the voter is deceased under Section 16.001(b);
(3) an abstract of a final judgment of the voter's
total mental incapacity, partial mental incapacity without the
right to vote, conviction of a felony, or disqualification under
Section 16.002, 16.003, or 16.004;
(4) notice under Section 112.012 that the voter has
applied for a limited ballot in another county;
(5) notice from a voter registration official in
another state that the voter has registered to vote outside this
state;
(6) notice from the early voting clerk under Section
101.053 [101.0041] that a federal postcard application submitted by
an applicant states a voting residence address located outside the
registrar's county; or
(7) notice from the secretary of state that the voter
has registered to vote in another county, as determined by the
voter's driver's license number or personal identification card
number issued by the Department of Public Safety or social security
number.
SECTION 3. Section 18.061(c), Election Code, is amended to
read as follows:
(c) Under procedures prescribed by the secretary of state,
each voter registrar shall provide to the secretary of state on an
expedited basis the information necessary to maintain the
registration list established under Subsection (a). The procedures
shall provide for the electronic submission of the information and
ensure that each voter registrar collects and reports the correct
month, day, and year of birth for each registered voter.
SECTION 4. Subchapter C, Chapter 18, Election Code, is
amended by adding Section 18.0681 to read as follows:
Sec. 18.0681. SECRETARY OF STATE AUTHORITY TO ELIMINATE
DUPLICATE REGISTRATION RECORDS. (a) The secretary of state shall
periodically compare the information regarding voters maintained
as part of the statewide computerized voter registration list to
determine whether any voters have more than one voter registration
record on file.
(b) The secretary of state shall by rule determine what
information combinations identified as common to more than one
registration record constitute a weak match or a strong match in
order to:
(1) produce the least possible impact on Texas voters;
and
(2) fulfill its responsibility to manage the voter
rolls.
(c) The secretary of state may not determine that a voter
has more than one registration record based on a weak match. The
secretary of state may inform the county of the voter's residence
that a weak match exists.
(d) If the secretary of state determines that a voter on the
registration list has more than one registration record on file
based on a strong match, the secretary shall send notice of the
determination to the voter registrar of each county in which the
voter is registered to vote. If the voter records identified are:
(1) located in the same county, the voter registrar
may merge the records following a determination that each record
belongs to the same voter using the procedure for the correction of
registration records under Section 15.022; or
(2) located in more than one county, the registrar of
the county with the oldest record may deliver a written
confirmation notice in accordance with Section 15.051.
SECTION 5. Section 19.002(d), Election Code, is amended to
read as follows:
(d) The secretary of state may not make a payment under
Subsection (b) if on June 1 of the year in which the payment is to be
made the registrar is not in substantial compliance with Section
15.083, 16.031, 16.032, or 18.065 or with rules implementing the
registration service program.
SECTION 6. Subchapter A, Chapter 84, Election Code, is
amended by adding Section 84.014 to read as follows:
Sec. 84.014. ACTION BY EARLY VOTING CLERK ON CERTAIN
APPLICATIONS. If an applicant provides a date of birth, driver's
license number, or social security number on the applicant's
application for an early voting ballot to be voted by mail that is
different from or in addition to the information maintained by the
voter registrar in accordance with Title 2, the early voting clerk
shall notify the voter registrar. The voter registrar shall update
the voter's record with the information provided by the applicant.
SECTION 7. Section 101.053, Election Code, is amended to
read as follows:
Sec. 101.053. ACTION BY EARLY VOTING CLERK ON CERTAIN
APPLICATIONS. (a) The early voting clerk shall notify the voter
registrar of a federal postcard application submitted by an
applicant that states a voting residence address located outside
the registrar's county.
(b) If an applicant provides a date of birth, driver's
license number, or social security number on the applicant's
federal postcard application that is different from or in addition
to the information maintained by the voter registrar in accordance
with Title 2, the early voting clerk shall notify the voter
registrar. The voter registrar shall update the voter's record
with the information provided by the applicant.
SECTION 8. Section 62.0132(g), Government Code, is amended
to read as follows:
(g) The information contained in a completed questionnaire
may be disclosed to:
(1) a judge assigned to hear a cause of action in which
the respondent to the questionnaire is a potential juror;
(2) court personnel; [and]
(3) a litigant and a litigant's attorney in a cause of
action in which the respondent to the questionnaire is a potential
juror; and
(4) other than information provided that is related to
Section 62.102(8) or (9), the voter registrar of a county in
connection with any matter of voter registration or the
administration of elections.
SECTION 9. 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, 2017.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 4034 was passed by the House on May 9,
2017, by the following vote: Yeas 145, Nays 0, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 4034 on May 26, 2017, by the following vote: Yeas 141, Nays 1,
2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 4034 was passed by the Senate, with
amendments, on May 24, 2017, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor