Texas 2019 - 86th Regular

Texas House Bill HB4331 Compare Versions

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11 86R15082 JRJ-D
22 By: Schaefer H.B. No. 4331
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55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to the verification of citizenship of an applicant for
88 voter registration.
99 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1010 SECTION 1. Section 13.002(a), Election Code, is amended to
1111 read as follows:
1212 (a) A person desiring to register to vote must submit an
1313 application to the registrar of the county in which the person
1414 resides. Except as provided by Subsection (e), an application must
1515 be submitted by personal delivery, by mail, or by telephonic
1616 facsimile machine in accordance with Section 13.143(d-2) [Sections
1717 13.143(d) and (d-2)].
1818 SECTION 2. Section 13.046(f), Election Code, is amended to
1919 read as follows:
2020 (f) Except as provided by this subsection, Sections
2121 13.039[, 13.041,] and 13.042 apply to the submission and delivery
2222 of registration applications under this section, and for that
2323 purpose, "volunteer deputy registrar" in those sections includes a
2424 high school deputy registrar. A high school deputy registrar may
2525 review an application for completeness out of the applicant's
2626 presence. A deputy may deliver a group of applications to the
2727 registrar by mail in an envelope or package, and, for the purpose of
2828 determining compliance with the delivery deadline, an application
2929 delivered by mail is considered to be delivered at the time of its
3030 receipt by the registrar.
3131 SECTION 3. Section 13.071, Election Code, is amended by
3232 amending Subsection (a) and adding Subsection (c) to read as
3333 follows:
3434 (a) The registrar shall review each submitted application
3535 for registration to determine whether it complies with Section
3636 13.002 and indicates that the applicant is a United States citizen
3737 eligible for registration.
3838 (c) In making a determination under this section, the
3939 registrar must compare the information on the application for
4040 registration with information submitted to the secretary of state
4141 by the Department of Public Safety under Section 18.068(a-1). If
4242 information combinations identified as common to an applicant and
4343 to an individual who may not be a citizen constitute a match, the
4444 registrar shall verify the applicant's citizenship in the same
4545 manner the registrar verifies a registered voter's citizenship
4646 under Section 16.0332. The secretary of state shall adopt rules and
4747 prescribe procedures to implement this subsection.
4848 SECTION 4. Section 13.143(a), Election Code, is amended to
4949 read as follows:
5050 (a) Except as provided by Subsection [Subsections] (b) [and
5151 (e)], if an applicant's registration application is approved, the
5252 registration becomes effective on the 30th day after the date the
5353 application is approved [submitted to the registrar] or on the date
5454 the applicant becomes 18 years of age, whichever is later.
5555 SECTION 5. Section 16.0332, Election Code, is amended to
5656 read as follows:
5757 Sec. 16.0332. CANCELLATION BECAUSE OF CITIZENSHIP STATUS.
5858 (a) After the registrar receives notification [a list] under
5959 Section 18.068 of this code or Section 62.113, Government Code, of
6060 persons excused or disqualified from jury service because of
6161 citizenship status or notification under Section 18.068 that a
6262 person registered to vote in the county may not be a citizen, the
6363 registrar shall deliver to each registered voter whose name appears
6464 in the notification [on the list] a written notice requiring the
6565 voter to submit to the registrar proof of United States citizenship
6666 in the form of a certified copy of the voter's birth certificate,
6767 United States passport, or certificate of naturalization or any
6868 other form prescribed by the secretary of state.
6969 (a-1) The notice shall be delivered by forwardable mail to
7070 the mailing address on the voter's registration application and to
7171 any new address of the voter known to the registrar.
7272 (b) If a voter fails to submit to the registrar proof of
7373 citizenship on or before the 30th day after the date the notice is
7474 mailed, the registrar shall cancel the voter's registration.
7575 (c) The registrar shall retain a copy of the notice mailed
7676 to a voter under this section on file with the voter's registration
7777 application. The registrar shall also retain any proof of
7878 citizenship received under this section on file with the
7979 application and send an electronic copy of the proof to the
8080 secretary of state.
8181 (d) The secretary of state shall adopt rules and prescribe
8282 procedures to implement this section.
8383 SECTION 6. Section 18.068, Election Code, is amended by
8484 amending Subsections (b) and (d) and adding Subsection (a-1) to
8585 read as follows:
8686 (a-1) Once a month on a date specified by the secretary of
8787 state, the Department of Public Safety shall in accordance with
8888 Section 730.005(9), Transportation Code, provide to the secretary
8989 of state available information as determined by the secretary of
9090 state related to the citizenship of the applicant submitted on an
9191 application for a driver's license or personal identification card
9292 issued by the department. Periodically, the secretary of state
9393 shall compare the information received to the statewide
9494 computerized voter registration list. If the secretary determines
9595 that a voter on the registration list may not be a citizen, the
9696 secretary shall send notice of the determination to the voter
9797 registrar of the counties considered appropriate by the secretary.
9898 (b) The secretary of state shall by rule determine what
9999 information combinations identified as common to a voter and to an
100100 individual for whom the secretary of state has received information
101101 under this section [who is deceased] constitute a weak match or a
102102 strong match in order to:
103103 (1) produce the least possible impact on Texas voters;
104104 and
105105 (2) fulfill its responsibility to manage the voter
106106 rolls.
107107 (d) On receiving notification from the secretary of state
108108 under Subsection (c) that a weak match of identifying information
109109 exists for a county voter and an individual who is deceased, or
110110 notification under Subsection (a-1) that a match exists for a
111111 county voter and an individual who may not be a citizen, the county
112112 shall investigate whether the voter is the individual who is
113113 deceased or whether the voter is a citizen, as applicable.
114114 SECTION 7. Sections 13.041 and 13.143(d) and (e), Election
115115 Code, are repealed.
116116 SECTION 8. The changes in law made by this Act apply only to
117117 an application to register to vote submitted on or after the
118118 effective date of this Act.
119119 SECTION 9. This Act takes effect September 1, 2019.