Texas Register, Volume 33, Number 1, Pages 1-358, January 4, 2008 Page: 19
358 p. ; 28 cm.View a full description of this periodical.
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the state. Voters in this category would be identified as having to
provide a permissible form of identification when they presented
themselves to vote in person or by mail. The official list of reg-
istered voters would need to be annotated with the names of
voters who would be required to provide identification. In addi-
tion, voters who indicated on the voter registration application
that they do not have the requested identifying numbers, would
also be approved for voter registration, but would similarly be re-
quired to provide identification when they presented themselves
for voting in person or by mail.
Proposed new 81.177 is necessary to ensure uniform process-
ing of voter registration applications throughout the state.
Ann McGeehan, Director of Elections, has determined that for
the first five-year period the adoption is in effect, there will be
no fiscal implications for state or local government as a result of
enforcing or administering the adoption.
Ms. McGeehan has also determined that for each year of the first
five years the new rule is in effect, the public benefit anticipated
as a result of enforcing the new rule will be to provide a single,
uniform practice for handling voters whose identifications cannot
be verified or voters who do not have certain identification. There
will be no effect on small businesses.
Written comments on the proposed new rule may be submitted
to Ann McGeehan, Director of Elections, Office of the Secretary
of State, P.O. Box 12060, Austin, Texas 78711-2060. Before
adopting the rule, the Secretary of State will consider all com-
ments received before 12:00 noon, Monday, February 4, 2008.
The new rule is proposed under the Texas Election Code,
31.003 and 31.010, which provide the Office of the Secretary
of State with the authority to obtain and maintain uniformity
in the application, interpretation, and operation of provisions
under the Texas Election Code and other election laws and to
implement the federal Help America Vote Act.
The rule affects no other code.
81.177. Registration Procedure for Voters Who Fail to Provide Re-
quired Identification Numbers.
(a) The voter registrar shall approve the application of an ap-
plicant who otherwise meets the qualifications for registration but states
on the application that the applicant has not been issued an identifi-
cation number described by Texas Election Code 13.002(c)(8). The
registrar shall mark the list of registered voters with an annotation in-
dicating that the voter whose application is approved under this sub-
section must provide a document or a copy of a document described by
Texas Election Code, 63.0101 the first time the voter seeks to vote by
appearing for voting in person or applying for a ballot to be voted by
mail.
(b) If the secretary of state is unable to verify the applicant's
Texas driver's license number, the number of a personal identification
card issued to the applicant by the Department of Public Safety, or the
last four digits of the applicant's social security number, the voter regis-
trar shall approve the application and mark the list of registered voters
with an annotation indicating that the voter whose application is ap-
proved under this subsection must provide a document or a copy of a
document described by Texas Election Code 63.0101 the first time the
voter seeks to vote. The identification number provided on the voter's
application is retained with the voter's record.
(c) Each original and supplemental list of registered voters
must identify each voter, who failed to provide an identification
number described by Texas Election Code 13.002(c)(8) and whose
identification number was not able to be verified by the secretaryof state, with an annotation indicating that the voter must provide a
document or a copy of a document described by Texas Election Code
63.0101 the first time the voter seeks to vote in person or by mail.
(d) The voter registrar shall remove the identification notation
from the voter's record after the voter has voted the first time and pro-
vided the appropriate identification.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal author-
ity to adopt.Filed with the Office of the Secretary of State on December 20,
2007.
TRD-200706550
Ann McGeehan
Director of Elections
Office of the Secretary of State
Earliest possible date of adoption: February 3, 2008
For further information, please call: (512) 463-5650
TITLE 10. COMMUNITY DEVELOPMENT
PART 1. TEXAS DEPARTMENT OF
HOUSING AND COMMUNITY AFFAIRS
CHAPTER 1. ADMINISTRATION
SUBCHAPTER A. GENERAL POLICIES AND
PROCEDURES
10 TAC 1.23
The Texas Department of Housing and Community Affairs (the
Department) proposes new 1.23, concerning adoption by refer-
ence of the 2008 State of Texas Low Income Housing Plan and
Annual Report (SLIHP). The purpose of the SLIHP is to serve as
a comprehensive reference on statewide housing needs, hous-
ing resources, and strategies for funding allocations. The doc-
ument reviews the Department's programs, current and future
policies, resource allocation plan to meet state housing needs,
and reports on 2007 performance. The Department is required
to submit the SLIHP annually to its Board of Directors in accor-
dance with 2306.072 of the Texas Government Code.
Mr. Michael Gerber, Executive Director, has determined that for
the first five-year period the new section is in effect there will be
no fiscal implications for state or local governments as a result
of enforcing or administering the new section as proposed.
Mr. Gerber has also determined that for each year of the first
five years the rule is in effect the public benefit anticipated will
be improved communication with the public regarding the De-
partment's programs and activities. There will be no effect on
small businesses or persons. There is no anticipated economic
cost to persons who are required to comply with the new section
as proposed.
The full text of the 2008 SLIHP may be viewed at the Depart-
ment's website: www.tdhca.state.tx.us. The public may also re-
ceive a copy of the 2008 SLIHP by contacting the Department's
Housing Resource Center at (512) 475-3976.
The public comment period will be between January 4 and Feb-
ruary 6, 2008, and a public hearing will be held on January 8,PROPOSED RULES January 4, 2008 33 TexReg 19
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Texas. Secretary of State. Texas Register, Volume 33, Number 1, Pages 1-358, January 4, 2008, periodical, January 4, 2008; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth90775/m1/18/: accessed April 26, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.