HBA-RBT H.B. 1566 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1566 By: Maxey Elections 3/1/1999 Introduced BACKGROUND AND PURPOSE Currently, the secretary of state makes update voter registration information available on-line to all counties. However, many counties do not take advantage of this service. Performing voter registration information updates on-line ensures a more accurate listing of registered voters. Under the Texas Voter Registration System (TVRS), counties pay a yearly fee based on the number of registered voters in the county. Alternatively, some counties pay up to $10,000 per year in payments to private vendors for the same kind of service. H.B. 1566 requires counties with a voter population less than 25,000 to contract with the secretary of state for access to the TVRS on-line system. This bill also allows larger counties to use the online service voluntarily and requires those counties to submit information periodically to the secretary of state. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the secretary of state in SECTION 4 (Section 18.061, Election Code) and SECTION 5 (Section 18.0615, Election Code) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 18.005(a), Election Code, to include the mailing address of a voter on a list of registered voters. SECTION 2. Amends Section 18.008(c), Election Code, to require that a list recorded on magnetic media, rather than tape, is to be furnished in the same magnetic media, rather than form of a tape, or as a printout, as requested. SECTION 3. Amends Sections 18.012(a) and (b), Election Code, to authorize the secretary to prescribe the format for submitting update information under Subchapter C. Requires a computer service company or other private business entity, if new requirements for the lists are prescribed under this chapter, to implement those requirements in a timely manner and at no additional cost to the county. SECTION 4. Amends Section 18.061, Election Code, to amend Subsection (b), and add Subsection (d), as follows: (b) Provides that a service program must periodically obtain information from registrars and other available sources for the purpose of aiding in ascertaining the history of participation in primary and general elections of each registered voter. Makes conforming changes. (d) Requires a county in which the number of persons, whose voter registrations in the county are effective, is less than 25,000 on January 1 of each year to contract with the secretary of state for the provision of electronic data services. Provides an exception for counties that can demonstrate to the secretary of state that the county is able to comply with this subchapter in a more cost-effective way. Requires the secretary of state to prescribe procedures for the implementation of this subsection. SECTION 5. Amends Subchapter C, Chapter 18, Election Code, by adding Section 18.0615, as follows: Sec. 18.0615. ELECTRONIC REPORTING REQUIRED. Requires each county to deliver to the secretary of state in electronic form the information required by this subchapter. Requires the secretary of state to prescribe procedures for implementing this section. SECTION 6. Amends Section 18.062, Election Code, to amend Subsection (c), and by adding Subsection (e), as follows: (c) Provides that the master file containing registration information of each voter in the state must contain available jurisdictional or distinguishing number for each territorial unit in which the voter resides as described by Section 15.002(c) and each voter's history of participation in primary and general elections. (e) Provides that information regarding a voter's history in Subsection (c)(8) is limited to information indicating whether the voter voted in a particular election. SECTION 7. Amends Section 18.063, Election Code, to require those counties that have not contracted for electronic data services to deliver the list containing each new registration, canceled registration, voting history information, and change in registration information on or after the first day but before the 16th day of February, April, June, August, October, and December, rather than January, March, and September. Requires the registrar of each county to deliver to the secretary of state a complete list of the information required under Section 18.062(c)(8) within 30 days of a primary or general election. Makes conforming and nonsubstantive changes. SECTION 8. Effective date: September 1, 1999. SECTION 9. (a) Makes application of Section 18.012(b), Election Code, of this Act prospective in regard to a contract with a computer service company or other private business entity if the contract between the county and the company or other entity was entered into before the effective date of this Act and contains a provision that directly conflicts with the change in law. On the renewal of a contract that contains a provision that directly conflicts with the change in law made by Section 18.012(b), Election Code, as amended by this Act, the conflicting provision is void. (b) Authorizes a county that contracted with a computer service company to provide electronic data services before the effective date of this Act to complete the term of the contract before complying with that section. (c) Provides that the change in law made by Section 18.0615, Election Code, as added by this Act, applies to registration information from elections held on or after November 3, 1998. Provides that registration information from elections held on or after November 3, 1998, and before September 1, 1999, must be submitted to the secretary of state on or before December 15, 1999. SECTION 10. Emergency clause.