1 TAC §81.402
The Office of the Secretary of State, Elections Division,
proposes new §81.402, concerning the use of file citizenship information
by voter registration agency employees. The new rule is being proposed to
limit application of the Texas Election Code (the "Code"), §20.006(b)
to those agencies that require clients to update their citizenship status
at the time of their every contact with the agency.
Ann McGeehan, Deputy Assistant Secretary of State for Elections, has determined
that for the first five-year period this rule is in effect there will be
no fiscal implications for state or local governments as a result of enforcing
or administering the rule.
Ms. McGeehan also has determined that for each year of the first five years
the rule is in effect the public benefits anticipated as a result of enforcing
the rule will be: (1) ensuring that those who are offered the opportunity
to register are United States citizens, and (2) guaranteeing that clients
whose citizenship status has changed will be offered the opportunity to register
once they have become eligible. The rule is proposed in part in response
to concerns expressed by the United States Department of Justice. There will
be no effect on small businesses. There are no anticipated economic costs
to persons who are required to comply with the rule as proposed.
Comments on the proposal may be submitted to Ann McGeehan, Deputy Assistant
Secretary of State for Elections, Office of the Secretary of State, P.O.
Box 12060, Austin, Texas 78711-2060.
The new rule is proposed under the Code, Chapter 31, Subchapter
A, §31.003, which provides the secretary of state with authority to
promulgate rules to obtain uniformity in the interpretation and application
of the Code, and under the Code, Chapter 20, Subchapter A, §20.009,
which authorizes the secretary of state to prescribe procedures necessary
for the proper administration of voter registration at voter registration
agencies.
The Code, Chapter 20, Subchapter A, §20.006(b) is affected by this
proposed rule.
§81.402.Agency Based Registration and Review of Citizenship.
(a)
Only voter registration agencies which require clients
to update citizenship status at each renewal of service, change of address,
or other contact may use the updated file information on citizenship to make
determinations of eligibility under the Texas Election Code (the "Code"),
§20.006(b).
(b)
"Voter Registration Agency" refers to those state and local
agencies defined in the Code, §20.001.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Issued in Austin, Texas, on January 3, 1997.
TRD-9700070
Clark Kent Ervin
Assistant Secretary of State
Office of the Secretary of State
Earliest possible date of adoption: February 21, 1997
For further information, please call: (512) 463-5650