Texas 2021 - 87th 2nd C.S.

Texas Senate Bill SB38 Latest Draft

Bill / Introduced Version Filed 08/06/2021

                            87S20039 BRG-D
 By: Perry S.B. No. 38


 A BILL TO BE ENTITLED
 AN ACT
 relating to the use of certain information regarding voter
 qualification.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Section 16.0332, Election Code, is amended by
 amending Subsection (a) and adding Subsections (a-1), (d), and (e)
 to read as follows:
 (a)  After the registrar receives notification [a list]
 under Subsection (a-1) of this section, Section 18.068 of this
 code, or Section 62.113, Government Code, of persons excused or
 disqualified from jury service because of citizenship status or
 notification of persons who indicate a lack of citizenship status
 in connection with a motor vehicle or Department of Public Safety
 record, 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.
 (a-1)  The secretary of state shall enter into an agreement
 with the Department of Public Safety under which information in the
 existing statewide computerized voter registration list is
 compared against information in the database of the Department of
 Public Safety on a monthly basis to verify the accuracy of
 citizenship status information previously provided on voter
 registration applications.
 (d)  The secretary of state shall prescribe rules for the
 administration of this section.
 (e)  Not later than December 31 of each year, the secretary
 of state shall provide a report to the legislature of the number of
 voter registrations canceled under this section during the calendar
 year.
 SECTION 2.  Section 18.068, Election Code, is amended by
 amending Subsection (a) and adding Subsection (a-1) to read as
 follows:
 (a)  The secretary of state shall quarterly compare the
 information received under Section 16.001 of this code and Sections
 [Section] 62.113 and 62.114, 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 or a resident of the county in which the voter is registered
 to vote, the secretary shall send notice of the determination to:
 (1)  the voter registrar of the counties considered
 appropriate by the secretary; and
 (2)  the attorney general, who shall quarterly review
 the information to investigate whether a person has committed an
 offense under Section 13.007 or other law.
 (a-1)  The secretary of state is not required to send notice
 under Subsection (a) for a voter who is subject to an exemption from
 jury service under Section 62.106, Government Code.
 SECTION 3.  Section 62.113(b), Government Code, is 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 attorney general and 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.
 SECTION 4.  Sections 62.114(b) and (c), Government Code, are
 amended to read as follows:
 (b)  On the third business day of each month, the clerk shall
 send [to the voter registrar of the county] a copy of the list of
 persons excused or disqualified in the previous month because the
 persons do not reside in the county to:
 (1)  the voter registrar of the county;
 (2)  the secretary of state; and
 (3)  the attorney general and the county or district
 attorney 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
 15.081 or 18.068, Election Code.
 SECTION 5.  This Act takes effect on the 91st day after the
 last day of the legislative session.