Bill Text: TX HB3593 | 2013-2014 | 83rd Legislature | Enrolled
Bill Title: Relating to the determination that a voter is deceased.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Passed) 2013-06-14 - Effective on 9/1/13 [HB3593 Detail]
Download: Texas-2013-HB3593-Enrolled.html
| H.B. No. 3593 | ||
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| relating to the determination that a voter is deceased. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Sections 16.033(b), (c), and (d), Election Code, | ||
| are amended to read as follows: | ||
| (b) If the registrar has reason to believe that a voter is no | ||
| longer eligible for registration, the registrar shall deliver | ||
| written notice to the voter indicating that the voter's | ||
| registration status is being investigated by the registrar. 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. If the secretary of | ||
| state has adopted or recommended a form for a written notice under | ||
| this section, the registrar must use that form. | ||
| (c) The notice must include: | ||
| (1) a request for information relevant to determining | ||
| the voter's eligibility for registration; and | ||
| (2) a warning that the voter's registration is subject | ||
| to cancellation if the registrar does not receive an appropriate | ||
| reply on or before the 30th day after the date the notice is mailed. | ||
| (d) Except as provided by Subsection (e), the registrar | ||
| shall cancel a voter's registration if: | ||
| (1) after considering the voter's reply, the registrar | ||
| determines that the voter is not eligible for registration; | ||
| (2) no reply is received from the voter on or before | ||
| the 30th day after the date the notice is mailed to the voter under | ||
| Subsection (b); or | ||
| (3) each notice mailed under Subsection (b) is | ||
| returned undelivered to the registrar with no forwarding | ||
| information available. | ||
| SECTION 2. Section 18.068, Election Code, as added by | ||
| Chapter 683 (H.B. 174), Acts of the 82nd Legislature, Regular | ||
| Session, 2011, is amended to read as follows: | ||
| Sec. 18.068. COMPARISON OF INFORMATION REGARDING | ||
| INELIGIBILITY. (a) 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. | ||
| (b) The secretary of state shall by rule determine what | ||
| information combinations identified as common to a voter and to an | ||
| individual who is deceased 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 is | ||
| deceased based on a weak match. The secretary of state may inform | ||
| the county of the voter's residence that a weak match exists. | ||
| (d) On receiving notification from the secretary of state | ||
| under Subsection (c) that a weak match of identifying information | ||
| exists for a county voter and an individual who is deceased, the | ||
| county shall investigate whether the voter is the individual who is | ||
| deceased. | ||
| (e) The secretary of state may determine that a voter is | ||
| deceased based on a strong match. | ||
| (f) The secretary of state may obtain, for purposes of | ||
| determining whether a voter is deceased, information from other | ||
| state agency databases relating to a voter that is the same type of | ||
| information that the secretary of state or a voter registrar | ||
| collects or stores for voter registration purposes. | ||
| SECTION 3. 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, 2013. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I certify that H.B. No. 3593 was passed by the House on May | ||
| 10, 2013, by the following vote: Yeas 88, Nays 50, 2 present, not | ||
| voting; and that the House concurred in Senate amendments to H.B. | ||
| No. 3593 on May 24, 2013, by the following vote: Yeas 90, Nays 53, | ||
| 2 present, not voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| I certify that H.B. No. 3593 was passed by the Senate, with | ||
| amendments, on May 22, 2013, by the following vote: Yeas 25, Nays | ||
| 6. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| APPROVED: __________________ | ||
| Date | ||
| __________________ | ||
| Governor | ||
