reglab/statecodes huggingface dataset:
2023 Texas Statutes › Election Code › Title 3 - Election Officers and Observers › Chapter 31 - Officers to Administer Elections › Subchapter A. Secretary of State › Section 31.011. Election Improvement Fund

Sec. 31.011.  ELECTION IMPROVEMENT FUND.  (a)  The election improvement fund is created as a dedicated account in the general revenue fund and consists of federal funds designated for election improvement, matching funds from the state or a political subdivision, and depository interest earned on the assets of the fund.
(b)  Money in the fund may be appropriated only to provide funding for the following purposes:
(1)  to improve election administration at the state and local level;
(2)  to make grants to local governments for the improvement or replacement of voting systems;
(3)  to create a single uniform official centralized interactive voter registration database;  and
(4)  to comply with other election requirements of the federal government.
(c)  The fund is exempt from the application of Section 403.095, Government Code.
Added by Acts 2003, 78th Leg., ch. 1315, Sec. 13, eff. Sept. 1, 2003.
2023 Texas Statutes › Election Code › Title 3 - Election Officers and Observers › Chapter 31 - Officers to Administer Elections › Subchapter A. Secretary of State › Section 31.012. Voter Education

Sec. 31.012.  VOTER EDUCATION.  (a)  The secretary of state and the voter registrar of each county that maintains a website shall provide notice of the identification requirements for voting prescribed by Chapter 63 and that straight ticket voting has been eliminated pursuant to H.B. 25, Acts of the 85th Legislature, Regular Session, 2017 on each entity's respective website in each language in which voter registration and election materials are available.  The secretary of state shall prescribe the wording of the notice to be included on the websites.
(b)  The secretary of state shall conduct a statewide effort to educate voters regarding the identification requirements for voting prescribed by Chapter 63.
(b-1)  As soon as practicable after September 1, 2020, the secretary of state shall distribute electronically to each county election administrator and the county chair of each political party notice that straight ticket voting has been eliminated pursuant to H.B. 25, Acts of the 85th Legislature, Regular Session, 2017.
(c)  The county clerk of each county shall post in a prominent location at the clerk's office a physical copy of the notice prescribed under Subsection (a) in each language in which voter registration materials are available.
(d)  The secretary of state shall adopt rules and establish procedures as necessary for the implementation of the elimination of straight-party voting to ensure that voters and county election administrators are not burdened by the implementation.
Added by Acts 2011, 82nd Leg., R.S., Ch. 123 (S.B. 14), Sec. 5, eff. September 1, 2011.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 404 (H.B. 25), Sec. 1, eff. September 1, 2020.
Acts 2017, 85th Leg., R.S., Ch. 404 (H.B. 25), Sec. 2, eff. September 1, 2020.
2023 Texas Statutes › Election Code › Title 3 - Election Officers and Observers › Chapter 31 - Officers to Administer Elections › Subchapter A. Secretary of State › Section 31.013. Mobile Locations for Obtaining Identification

Sec. 31.013.  MOBILE LOCATIONS FOR OBTAINING IDENTIFICATION.  (a)  The secretary of state shall establish a program using mobile units to provide election identification certificates to voters for the purpose of satisfying the requirements of Section 63.001(b).  A mobile unit may be used at special events or at the request of a constituent group.
(b)  In establishing the program, the secretary of state shall consult with the Department of Public Safety on the creation of the program, security relating to the issuance of an election identification certificate, best practices in issuing an election identification certificate, and equipment required to issue an election identification certificate.
(c)  The secretary of state may not charge a fee to a group that requests a mobile unit established under this section.
(d)  If the secretary of state cannot ensure the required security or other necessary elements of the program, the secretary of state may deny a request for a mobile unit established under this section.
(e)  The secretary of state shall adopt rules necessary for the implementation of this section.
Added by Acts 2017, 85th Leg., R.S., Ch. 410 (S.B. 5), Sec. 1, eff. January 1, 2018.
2023 Texas Statutes › Election Code › Title 3 - Election Officers and Observers › Chapter 31 - Officers to Administer Elections › Subchapter A. Secretary of State › Section 31.014. Certification of Electronic Devices to Accept Voters

Sec. 31.014.  CERTIFICATION OF ELECTRONIC DEVICES TO ACCEPT VOTERS.  (a)  The secretary of state shall prescribe specific requirements and standards, consistent with this code, for the certification of an electronic device used to accept voters under Chapter 63 that require the device to:
(1)  produce an electronic copy of the list of voters who were accepted to vote for delivery to the election judge after the polls close;
(2)  display the voter's original signature in accordance with Section 63.002;
(3)  accept a voter for voting even when the device is off-line;
(4)  provide the full list of voters registered in the county with an indication of the jurisdictional or distinguishing number for each territorial unit in which each voter resides;
(5)  time-stamp when each voter is accepted at a polling place, including the voter's unique identifier;
(6)  if the county participates in the countywide polling place program under Section 43.007 or has more than one early voting polling place, transmit a time stamp when each voter is accepted, including the voter's unique identifier, to all polling place locations;
(7)  time-stamp the receipt of a transmission under Subdivision (6); and
(8)  produce in an electronic format compatible with the statewide voter registration list under Section 18.061 data for retention and transfer that includes:
(A)  the polling location in which the device was used;
(B)  the dated time stamp under Subdivision (5); and
(C)  the dated time stamp under Subdivision (7).
(b)  A device described by this section must be certified annually by the secretary of state.
(c)  The secretary of state shall adopt rules that require a device described by this section used during the early voting period or under the countywide polling place program under Section 43.007 to update data in real time.  If a county uses a device that does not comply with the rule in two consecutive general elections for state and county officers, the secretary of state shall assess a noncompliance fee. The noncompliance fee shall be set at an amount determined by secretary of state rule.
Added by Acts 2019, 86th Leg., R.S., Ch. 916 (H.B. 4130), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Election Code › Title 3 - Election Officers and Observers › Chapter 31 - Officers to Administer Elections › Subchapter A. Secretary of State › Section 31.016. Voting Information on Secretary of State's Website

Sec. 31.016.  VOTING INFORMATION ON SECRETARY OF STATE'S WEBSITE.  (a)  The secretary of state shall prescribe procedures requiring the county officer responsible for administering elections to submit contact information of the county election office to the secretary of state for inclusion on the secretary of state's Internet website, including:
(1)  the street address and zip code;
(2)  the mailing address if different from the address provided in Subdivision (1);
(3)  telephone number;
(4)  facsimile number; and
(5)  e-mail address.
(b)  The secretary of state shall prescribe procedures requiring each entity designating the location of a polling place, including an early voting polling place, to submit information on the location to the secretary of state for inclusion on the secretary of state's Internet website.
(c)  For each polling place the information submitted must include:
(1)  the name of the building in which the polling place is located, if available;
(2)  the street address and zip code of the polling place; and
(3)  the days and hours of voting at each location.
(d)  The polling information under Subsection (c) shall be posted on the secretary of state's Internet website in a downloadable format.
(e)  The secretary of state:
(1)  may solicit and accept gifts, grants, and donations from any public or private source for the creation and maintenance of the Internet website; and
(2)  shall adopt rules as necessary to implement this section.
Added by Acts 2019, 86th Leg., R.S., Ch. 1052 (H.B. 933), Sec. 3, eff. September 1, 2019.
2023 Texas Statutes › Election Code › Title 3 - Election Officers and Observers › Chapter 31 - Officers to Administer Elections › Subchapter A. Secretary of State › Section 31.017. Implementation of Administrative Oversight of County Election

Sec. 31.017.  IMPLEMENTATION OF ADMINISTRATIVE OVERSIGHT OF COUNTY ELECTION.  (a)  In a county with a population of more than 4 million, the secretary of state's office may order administrative oversight of a county office administering elections or voter registration in the county if:
(1)  an administrative election complaint is filed with the secretary of state by a person who participated in the relevant election as:
(A)  a candidate;
(B)  a county chair or state chair of a political party;
(C)  a presiding judge;
(D)  an alternate presiding judge; or
(E)  the head of a specific-purpose political committee that supports or opposes a measure;
(2)  the secretary of state has provided notice to the county election official with authority over election administration or voter registration under Section 31.018; and
(3)  the secretary of state, after conducting an investigation under Section 31.019, has good cause to believe that a recurring pattern of problems with election administration or voter registration exists in the county, including any recurring:
(A)  malfunction of voting system equipment that prevents a voter from casting a vote;
(B)  carelessness or official misconduct in the distribution of election supplies;
(C)  errors in the tabulation of results that would have affected the outcome of an election;
(D)  violations of Section 66.053;
(E)  discovery of properly executed voted ballots after the canvass of an election that were not counted; or
(F)  failure to conduct maintenance activities on the lists of registered voters as required under this code.
(b)  The secretary of state shall make a determination on whether to implement administrative oversight under Subsection (a) not later than the 30th day after the earliest of:
(1)  the day a response by the county election official with authority over election administration or voter registration is received by the secretary of state under Section 31.018;
(2)  the last day the county election official with authority over election administration or voter registration could provide a response to the secretary of state under Section 31.018; or
(3)  the day the report on the findings of an investigation is provided to the county election official with authority over election administration or voter registration under Section 31.019.
Added by Acts 2023, 88th Leg., R.S., Ch. 957 (S.B. 1933), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Election Code › Title 3 - Election Officers and Observers › Chapter 31 - Officers to Administer Elections › Subchapter A. Secretary of State › Section 31.018. Notice of Complaint

Sec. 31.018.  NOTICE OF COMPLAINT.  (a)  In a county with a population of more than 4 million and not later than the 30th day after receiving an administrative election complaint under Section 31.017(a)(1), the secretary of state shall provide notice of the complaint to the applicable county election official with authority over election administration or voter registration, including the specific allegations against the election official in the complaint.
(b)  Subject to Subsection (c), not later than the 30th day after receiving notice of the administrative election complaint under Subsection (a), the county election official with authority over election administration or voter registration may provide a response with any supporting documentation relating to the complaint or the allegations in the complaint to the secretary of state.
(c)  If the administrative election complaint filed under Section 31.017(a)(1) concerns an election for which voting by personal appearance has begun and the final canvass has not been completed, the county election official with authority over election administration or voter registration must provide a response under Subsection (b) not later than 72 hours after receiving notice of the complaint under Subsection (a).
Added by Acts 2023, 88th Leg., R.S., Ch. 957 (S.B. 1933), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Election Code › Title 3 - Election Officers and Observers › Chapter 31 - Officers to Administer Elections › Subchapter A. Secretary of State › Section 31.019. Investigation of Complaint

Sec. 31.019.  INVESTIGATION OF COMPLAINT.  (a)  In a county with a population of more than 4 million, the secretary of state may direct personnel in the secretary of state's office to conduct an investigation on an administrative election complaint received under Section 31.017(a)(1) and must consider any response or supporting documentation provided by the county election official with authority over election administration or voter registration under Section 31.018, if applicable.
(b)  If the secretary of state decides to conduct an investigation under Subsection (a), the secretary must provide the county election official with authority over election administration or voter registration notice of the determination to conduct the investigation.
(c)  After completing an investigation under this section, the secretary of state must provide a report on the findings of the investigation to:
(1)  the county election official with authority over election administration or voter registration; and
(2)  the individual who filed the administrative election complaint under Section 31.017(a)(1).
Added by Acts 2023, 88th Leg., R.S., Ch. 957 (S.B. 1933), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Election Code › Title 3 - Election Officers and Observers › Chapter 31 - Officers to Administer Elections › Subchapter A. Secretary of State › Section 31.020. County Election Office Oversight by Secretary

Sec. 31.020. COUNTY ELECTION OFFICE OVERSIGHT BY SECRETARY.  (a)  If the secretary of state implements administrative oversight under Section 31.017, the secretary shall provide written notice to the county election official with authority over election administration or voter registration and the county judge of the determination by the secretary to implement administrative oversight in the county.  The notice must include the specific recurring pattern of problems with election administration or voter registration identified by the secretary under Section 31.017(a)(3).
(b)  The authority of administrative oversight over a county granted to the secretary of state under this subchapter must include:
(1)  requiring the approval and review by the secretary of state of any policies or procedures regarding the administration of elections issued by the county; and
(2)  authorizing all appropriate personnel in the secretary of state's office to conduct in-person observations of the county election office's activities, including any activities related to election preparation, early voting, election day, and post-election day procedures.
(c)  The county election office being overseen by the secretary of state shall provide sufficient access to the appropriate personnel in the secretary of state's office to perform their duties under Subsection (b).
(d)  Once each quarter during the period when the secretary of state is overseeing elections in a county under Subsection (a), the secretary shall submit a report regarding the activities of the oversight personnel to the members of the county election commission and the county attorney.
(e)  The secretary of state shall deliver the report required by Subsection (d) in person to the county commissioners court if requested by the commissioners court.
(f)  The secretary of state shall conduct the administrative oversight of a county until the earlier of:
(1)  December 31 of the even-numbered year following the first anniversary of the date the complaint was received under Section 31.017(a)(1); or
(2)  the date on which the secretary of state determines that the recurring pattern of problems with election administration or voter registration is rectified.
Added by Acts 2023, 88th Leg., R.S., Ch. 957 (S.B. 1933), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Election Code › Title 3 - Election Officers and Observers › Chapter 31 - Officers to Administer Elections › Subchapter A. Secretary of State › Section 31.021. Removal or Termination of County Election Official After Administrative Oversight

Sec. 31.021.  REMOVAL OR TERMINATION OF COUNTY ELECTION OFFICIAL AFTER ADMINISTRATIVE OVERSIGHT.  (a)  At the conclusion of administrative oversight under this subchapter, if the recurring pattern of problems with election administration or voter registration is not rectified or continues to impede the free exercise of a citizen's voting rights in the county, the secretary of state may file a petition for the removal under Section 87.015, Local Government Code, of the applicable county officer with authority over election administration or voter registration.
(b)  At the conclusion of administrative oversight under this subchapter, the secretary of state may enter a written order to terminate the employment of a county elections administrator, in a county that has the position, under Section 31.037(b).
Added by Acts 2023, 88th Leg., R.S., Ch. 957 (S.B. 1933), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Election Code › Title 3 - Election Officers and Observers › Chapter 31 - Officers to Administer Elections › Subchapter A. Secretary of State › Section 31.022. Rules

Sec. 31.022.  RULES.  The secretary of state may adopt rules necessary to implement the administrative oversight of a county as provided under this subchapter.
Added by Acts 2023, 88th Leg., R.S., Ch. 957 (S.B. 1933), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Election Code › Title 3 - Election Officers and Observers › Chapter 31 - Officers to Administer Elections › Subchapter B. County Elections Administrator in Certain Counties › Section 31.031. Creation of Position

Sec. 31.031.  CREATION OF POSITION.  (a)  The commissioners court of a county with a population of 3.5 million or less by written order may create the position of county elections administrator for the county.
(b)  The order must state the date the creation of the position of administrator is effective.  The effective date may not be later than 12 months after the date the order is adopted.
(c)  To facilitate the orderly transfer of duties on the effective date, the order may authorize the commissioners court to employ the administrator-designate not earlier than the 90th day before the effective date of the creation of the position, at a salary not to exceed that to be paid to the administrator.
(d)  Not later than the third day after the date the order is adopted, the county clerk shall deliver a certified copy of the order to:
(1)  the secretary of state; and
(2)  each member of the county election commission.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 338 (S.B. 893), Sec. 3, eff. September 1, 2019.
Acts 2023, 88th Leg., R.S., Ch. 952 (S.B. 1750), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Election Code › Title 3 - Election Officers and Observers › Chapter 31 - Officers to Administer Elections › Subchapter B. County Elections Administrator in Certain Counties › Section 31.032. Appointment of Administrator; County Election Commission

Sec. 31.032.  APPOINTMENT OF ADMINISTRATOR;  COUNTY ELECTION COMMISSION.  (a)  The position of county elections administrator is filled by appointment of the county election commission, which consists of:
(1)  the county judge, as chair;
(2)  the county clerk, as vice chair;
(3)  the county tax assessor-collector, as secretary;  and
(4)  the county chair of each political party that made nominations by primary election for the last general election for state and county officers preceding the date of the meeting at which the appointment is made.
(b)  The affirmative vote of a majority of the commission's membership is necessary for the appointment of an administrator.
(c)  Each appointment must be evidenced by a written resolution or order signed by the number of commission members necessary to make the appointment.  Not later than the third day after the date an administrator is appointed, the officer who presided at the meeting shall file a signed copy of the resolution or order with the county clerk.  Not later than the third day after the date the copy is filed, the county clerk shall deliver a certified copy of the resolution or order to the secretary of state.
(d)  The initial appointment may be made at any time after the adoption of the order creating the position.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1997, 75th Leg., ch. 864, Sec. 15, eff. Sept. 1, 1997.
2023 Texas Statutes › Election Code › Title 3 - Election Officers and Observers › Chapter 31 - Officers to Administer Elections › Subchapter B. County Elections Administrator in Certain Counties › Section 31.033. Commission Meetings

Sec. 31.033.  COMMISSION MEETINGS.  (a)  The county election commission shall meet at the call of the chair. However, the vice chair or any three members of the commission may call a meeting if the calling authority considers a meeting to be necessary or desirable and the chair fails to call the meeting after being requested to do so.
(b)  The authority calling a meeting shall set the date, hour, and place for the meeting and shall deliver written notice of the time and place to each other commission member not later than the fourth day before the meeting date.
(c)  Each member who is present at a meeting is entitled to vote on any matter that is put to a vote.
(d)  Meetings of the county election commission are subject to Chapter 551, Government Code.  In addition to posting notice as required by Chapter 551, Government Code, the commission shall provide personal written notice of a commission meeting to the county elections administrator in the time prescribed by Section 551.043, Government Code, for providing public notice.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1997, 75th Leg., ch. 864, Sec. 16, eff. Sept. 1, 1997.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 283 (H.B. 1678), Sec. 2, eff. June 17, 2011.
2023 Texas Statutes › Election Code › Title 3 - Election Officers and Observers › Chapter 31 - Officers to Administer Elections › Subchapter B. County Elections Administrator in Certain Counties › Section 31.034. Eligibility

Sec. 31.034.  ELIGIBILITY.  To be eligible for appointment as county elections administrator, a person must be a qualified voter of the state.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 3 - Election Officers and Observers › Chapter 31 - Officers to Administer Elections › Subchapter B. County Elections Administrator in Certain Counties › Section 31.035. Restrictions on Political Activities

Sec. 31.035.  RESTRICTIONS ON POLITICAL ACTIVITIES.  (a)  A county elections administrator may not be a candidate for a public office or an office of a political party, hold a public office, or hold an office of or position in a political party.  At the time an administrator becomes a candidate or accepts an office or position in violation of this subsection, the administrator vacates the position of administrator.
(b)  A county elections administrator commits an offense if the administrator makes a political contribution or political expenditure, as defined by the law regulating political funds and campaigns, or publicly supports or opposes a candidate for public office or a measure to be voted on at an election.  An offense under this subsection is a Class A misdemeanor.  On a final conviction, the administrator's employment is terminated, and the person convicted is ineligible for future appointment as county elections administrator.
(c)  In this section, "candidate" means a person who has taken affirmative action, as described by the law regulating political funds and campaigns, for the purpose of gaining nomination or election.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1997, 75th Leg., ch. 864, Sec. 17, eff. Sept. 1, 1997.
2023 Texas Statutes › Election Code › Title 3 - Election Officers and Observers › Chapter 31 - Officers to Administer Elections › Subchapter B. County Elections Administrator in Certain Counties › Section 31.036. Resignation

Sec. 31.036.  RESIGNATION.  The county election commission is the proper authority to receive and act on a resignation from the position of county elections administrator.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 3 - Election Officers and Observers › Chapter 31 - Officers to Administer Elections › Subchapter B. County Elections Administrator in Certain Counties › Section 31.037. Suspension or Termination of Employment

Sec. 31.037.  SUSPENSION OR TERMINATION OF EMPLOYMENT.  (a)  The employment of the county elections administrator may be suspended, with or without pay, or terminated at any time for good and sufficient cause on the four-fifths vote of the county election commission and approval of that action by a majority vote of the commissioners court.
(b)  In a county with a population of more than 4 million, the secretary of state may enter a written order to terminate the employment of a county elections administrator at the conclusion of administrative oversight of the county elections administrator's office under Subchapter A if the recurring pattern of problems with election administration or voter registration is not rectified or continues to impede the free exercise of a citizen's voting rights in the county.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1341 (S.B. 1233), Sec. 9, eff. June 17, 2011.
Acts 2023, 88th Leg., R.S., Ch. 957 (S.B. 1933), Sec. 3, eff. September 1, 2023.
2023 Texas Statutes › Election Code › Title 3 - Election Officers and Observers › Chapter 31 - Officers to Administer Elections › Subchapter B. County Elections Administrator in Certain Counties › Section 31.038. Filling Vacancy

Sec. 31.038.  FILLING VACANCY.  (a)  A vacancy in the position of county elections administrator is filled by appointment of the county election commission.
(b)  An appointment to fill an anticipated vacancy arising from a resignation to take effect at a future date may be made at any time after the resignation is accepted.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 3 - Election Officers and Observers › Chapter 31 - Officers to Administer Elections › Subchapter B. County Elections Administrator in Certain Counties › Section 31.039. Salary; Staff; Operating Expenses

Sec. 31.039.  SALARY;  STAFF;  OPERATING EXPENSES.  (a)  The commissioners court shall set the number of deputies and other persons that the county elections administrator may employ.
(b)  Repealed by Acts 2005, 79th Leg., Ch. 1272, Sec. 1, eff. June 18, 2005.
(c)  The commissioners court may allow the automobile expense that it considers necessary to the administrator and to any of the administrator's employees in the performance of their official duties.
(d)  The commissioners court shall provide the administrator with suitable office space and with the equipment and operating expenses needed for the proper conduct of the office.
(e)  The amount initially appropriated by the commissioners court for the operating expenses of the administrator's office may not be less than the total amount last appropriated to the county clerk and the county tax assessor-collector for the functions assigned to the administrator.
(f)  Except as provided by Subsection (g), a person employed on a full-time basis by the administrator's office is subject to Section 31.035 in the same manner as the administrator.
(g)  Section 31.035(b) does not apply to a person employed on a full-time basis by the administrator's office in a county with a population of 1.2 million or less that has an election administrator.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1999, 76th Leg., ch. 536, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 1272 (H.B. 2199), Sec. 1, eff. June 18, 2005.
Acts 2009, 81st Leg., R.S., Ch. 448 (H.B. 2401), Sec. 1, eff. September 1, 2009.
Acts 2023, 88th Leg., R.S., Ch. 644 (H.B. 4559), Sec. 26, eff. September 1, 2023.
2023 Texas Statutes › Election Code › Title 3 - Election Officers and Observers › Chapter 31 - Officers to Administer Elections › Subchapter B. County Elections Administrator in Certain Counties › Section 31.040. Bond

Sec. 31.040.  BOND.  (a)  Before assuming the duties of a county elections administrator, the person appointed to the position must give a bond that is in an amount set by the commissioners court, not to exceed $20,000, payable to the county judge, approved by the commissioners court, and conditioned on the faithful performance of the duties of the position.
(b)  The commissioners court or the administrator may require any or all of the administrator's deputies, other than unpaid volunteer deputy registrars, to give a bond similar to that required of the administrator in an amount not exceeding the amount of the administrator's bond.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 3 - Election Officers and Observers › Chapter 31 - Officers to Administer Elections › Subchapter B. County Elections Administrator in Certain Counties › Section 31.041. Seal

Sec. 31.041.  SEAL.  The county elections administrator shall have an official seal, on which shall be inscribed a star with five points surrounded by the words "County Elections Administrator, ____________ County, Texas", for use in certifying documents required to be impressed with the seal of the certifying officer.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 3 - Election Officers and Observers › Chapter 31 - Officers to Administer Elections › Subchapter B. County Elections Administrator in Certain Counties › Section 31.042. Transfer of Records

Sec. 31.042.  TRANSFER OF RECORDS.  As soon as practicable after the effective date of the creation of the position of county elections administrator, the officer formerly serving as the voter registrar shall transfer to the administrator all records pertaining to voter registration, and the county officer formerly required to conduct elections shall transfer to the administrator all voting equipment and supplies of which the officer has custody and all records in the officer's possession that pertain to an uncompleted election.  The commissioners court shall determine which records of prior elections are to be transferred to the administrator and which are to remain with the officer.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 3 - Election Officers and Observers › Chapter 31 - Officers to Administer Elections › Subchapter B. County Elections Administrator in Certain Counties › Section 31.043. Duties of Administrator Generally

Sec. 31.043.  DUTIES OF ADMINISTRATOR GENERALLY.  The county elections administrator shall perform:
(1)  the duties and functions of the voter registrar;
(2)  the duties and functions placed on the county clerk by this code;
(3)  the duties and functions relating to elections that are placed on the county clerk by statutes outside this code, subject to Section 31.044;  and
(4)  the duties and functions placed on the administrator under Sections 31.044 and 31.045.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 3 - Election Officers and Observers › Chapter 31 - Officers to Administer Elections › Subchapter B. County Elections Administrator in Certain Counties › Section 31.045. Classification of Duties by Secretary of State

Sec. 31.045.  CLASSIFICATION OF DUTIES BY SECRETARY OF STATE.  (a)  The secretary of state shall adopt rules consistent with Sections 31.043 and 31.044 that classify the duties and functions placed on the county clerk by statutes outside this code according to whether they are to be performed by the county elections administrator or by the county clerk.
(b)  If the administrator or county clerk of a county having the position of administrator is uncertain as to which person should perform a duty or function that the secretary has not classified, the person shall request the secretary to classify that duty or function, and the secretary shall comply with the request as soon as practicable.
(c)  The secretary shall deliver a copy of each rule proposed under this section to the administrator and to the county clerk of each county having the position of administrator not later than the fifth day after the date notice of the proposal is published in the Texas Register and shall deliver a copy of each adopted rule to those persons not later than the fifth day after the date the certified copy of the rule is filed in the secretary's office.  Failure to comply with this subsection does not affect the validity of a rule.
(d)  On receiving notice of the creation of the position of administrator in a county, the secretary shall deliver to the county clerk a current set of the rules adopted under this section.  On receiving notice of the initial appointment of the administrator, the secretary shall deliver a set of the rules to the administrator.
(e)  The secretary may, on 30 days' notice, adopt a rule classifying a duty or function if the rule is needed in a shorter time than provided by the regular rulemaking process.  The rule is considered an emergency rule for purposes of Chapter 2001, Government Code.  The secretary is not required to give notice of the proposed rule under Subsection (c), but the secretary must give notice of the rule's adoption under that subsection.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), eff. Sept. 1, 1995.
2023 Texas Statutes › Election Code › Title 3 - Election Officers and Observers › Chapter 31 - Officers to Administer Elections › Subchapter B. County Elections Administrator in Certain Counties › Section 31.046. Misdirection of Document

Sec. 31.046.  MISDIRECTION OF DOCUMENT.  (a)  If a document that should be filed with or submitted to the county elections administrator is mailed to the county clerk or vice versa, the person receiving the document shall note on the document or the envelope in which it is received the time of its receipt and shall promptly deliver it to the proper person.  If the statute under which the document is filed or submitted does not specify that the filing or submission is to be made with the administrator in a county having that position, the timeliness of the filing or submission is determined, as appropriate:
(1)  by the time of mailing;  or
(2)  by the time of receipt by the person to whom the document is addressed.
(b)  If a document that should be filed with or submitted to the county elections administrator is delivered in person to the county clerk or vice versa, the person to whom the delivery is made shall direct the person making the delivery to the proper office.
(c)  If a statute specifies that a document is to be filed with or submitted to the county clerk without specifying that the filing or submission is to be made with the county elections administrator in a county having that position and the office to accept the filing or submission is changed to the administrator under this subchapter, a filing or submission made with the county clerk has the same legal effect as if made with the administrator if the clerk accepts and files the document.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 3 - Election Officers and Observers › Chapter 31 - Officers to Administer Elections › Subchapter B. County Elections Administrator in Certain Counties › Section 31.047. Action by Wrong Officer

Sec. 31.047.  ACTION BY WRONG OFFICER.  If a statute specifies that an action is to be taken by the county clerk without specifying that it is to be taken by the county elections administrator in a county having that position, an action taken by the county clerk without objection from the administrator has the same legal effect as if taken by the administrator.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 3 - Election Officers and Observers › Chapter 31 - Officers to Administer Elections › Subchapter B. County Elections Administrator in Certain Counties › Section 31.048. Abolishing Position

Sec. 31.048.  ABOLISHING POSITION.  (a)  The commissioners court by written order may abolish the position of county elections administrator at any time.
(b)  After the effective date of an order abolishing the position of administrator, the county tax assessor-collector is the voter registrar, and the duties and functions of the county clerk that were performed by the administrator revert to the county clerk, unless a transfer of duties and functions occurs under Section 12.031 or 31.071.
(c)  Not later than the third day after the date an order abolishing the position of administrator is adopted, the county clerk shall deliver a certified copy of the order to the secretary of state.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 338 (S.B. 893), Sec. 4, eff. September 1, 2019.
2023 Texas Statutes › Election Code › Title 3 - Election Officers and Observers › Chapter 31 - Officers to Administer Elections › Subchapter B. County Elections Administrator in Certain Counties › Section 31.049. Criminal Penalties

Sec. 31.049.  CRIMINAL PENALTIES.  A statute prescribing a criminal penalty against the county clerk or the clerk's deputies or other employees for conduct relating to duties or functions transferred to the county elections administrator applies to the administrator or to the administrator's deputies or employees as appropriate.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1997, 75th Leg., ch. 864, Sec. 19, eff. Sept. 1, 1997.
2023 Texas Statutes › Election Code › Title 3 - Election Officers and Observers › Chapter 31 - Officers to Administer Elections › Subchapter B. County Elections Administrator in Certain Counties › Section 31.050. Abolishment of Position and Transfer of Duties in Certain Counties

Sec. 31.050.  ABOLISHMENT OF POSITION AND TRANSFER OF DUTIES IN CERTAIN COUNTIES.  On September 1, 2023, all powers and duties of the county elections administrator of a county with a population of more than 3.5 million under this subchapter are transferred to the county tax assessor-collector and county clerk.  The county tax assessor-collector shall serve as the voter registrar, and the duties and functions of the county clerk that were performed by the administrator revert to the county clerk, unless a transfer of duties and functions occurs under Section 12.031 or 31.071.
Added by Acts 2023, 88th Leg., R.S., Ch. 952 (S.B. 1750), Sec. 3, eff. September 1, 2023.
2023 Texas Statutes › Election Code › Title 3 - Election Officers and Observers › Chapter 31 - Officers to Administer Elections › Subchapter C. Transfer of Election Duties to County Tax Assessor-Collector › Section 31.071. Transfer of Duties

Sec. 31.071.  TRANSFER OF DUTIES.  (a)  The commissioners court by written order may transfer to the county tax assessor-collector the duties and functions of the county clerk in connection with the conduct of elections if the county tax assessor-collector and county clerk agree to the transfer.
(b)  The order must state the effective date of the transfer of duties and functions.
(c)  Not later than the third day after the date the order is adopted, the county clerk shall deliver a certified copy of the order to the secretary of state.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 338 (S.B. 893), Sec. 5, eff. September 1, 2019.
2023 Texas Statutes › Election Code › Title 3 - Election Officers and Observers › Chapter 31 - Officers to Administer Elections › Subchapter C. Transfer of Election Duties to County Tax Assessor-Collector › Section 31.072. Applicability of Other Sections

Sec. 31.072.  APPLICABILITY OF OTHER SECTIONS.  To the extent practicable, Sections 31.043-31.047 and Section 31.049 apply to the transfer of election duties and functions under this subchapter.  For this purpose, the references in those sections to the creation of the position of county elections administrator mean the transfer of duties and functions under this subchapter, and the references in those sections to the county elections administrator mean the county tax assessor-collector.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 3 - Election Officers and Observers › Chapter 31 - Officers to Administer Elections › Subchapter C. Transfer of Election Duties to County Tax Assessor-Collector › Section 31.073. Transfer of Records

Sec. 31.073.  TRANSFER OF RECORDS.  As soon as practicable after the effective date of a transfer of duties and functions under Section 31.071, the county clerk shall transfer to the county tax assessor-collector all voting equipment and supplies of which the clerk has custody and all records in the clerk's possession that pertain to an uncompleted election.  The commissioners court shall determine which records of prior elections are to be transferred to the county tax assessor-collector and which are to remain with the county clerk.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 3 - Election Officers and Observers › Chapter 31 - Officers to Administer Elections › Subchapter C. Transfer of Election Duties to County Tax Assessor-Collector › Section 31.074. Appropriation by Commissioners Court

Sec. 31.074.  APPROPRIATION BY COMMISSIONERS COURT.  The amount initially appropriated by the commissioners court for the duties and functions to be performed by the county tax assessor-collector under this subchapter may not be less than the amount last appropriated to the county clerk for the same purpose.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 3 - Election Officers and Observers › Chapter 31 - Officers to Administer Elections › Subchapter C. Transfer of Election Duties to County Tax Assessor-Collector › Section 31.075. Guidelines

Sec. 31.075.  GUIDELINES.  The secretary of state shall prepare advisory budgetary guidelines for the performance of the duties and functions of the county tax assessor-collector that are consolidated after implementation of this subchapter.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 3 - Election Officers and Observers › Chapter 31 - Officers to Administer Elections › Subchapter C. Transfer of Election Duties to County Tax Assessor-Collector › Section 31.076. Rescission of Transfer Order

Sec. 31.076.  RESCISSION OF TRANSFER ORDER.  (a)  The commissioners court by written order may rescind an order adopted under Section 31.071 at any time after two years have elapsed from the date the order was adopted, to become effective on a date stated in the order.
(b)  Not later than the third day after the date the rescission order is adopted, the county clerk shall deliver a certified copy of the order to the secretary of state.
(c)  On the effective date of the rescission, the county clerk shall perform the duties and functions previously transferred to the county tax assessor-collector unless the position of county elections administrator is created.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 338 (S.B. 893), Sec. 6, eff. September 1, 2019.
2023 Texas Statutes › Election Code › Title 3 - Election Officers and Observers › Chapter 31 - Officers to Administer Elections › Subchapter D. Contract for Election Services › Section 31.091. Definitions

Sec. 31.091.  DEFINITIONS.  In this subchapter:
(1)  "County election officer" means the county elections administrator in counties having that position, the county tax assessor-collector in counties in which the county clerk's election duties and functions have been transferred to the tax assessor-collector, and the county clerk in other counties.
(2)  "Election services contract" means a contract executed under this subchapter.
(3)  "Contracting authority" means the governing body of a political subdivision or the county executive committee of a political party that enters into a contract under this subchapter.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 3 - Election Officers and Observers › Chapter 31 - Officers to Administer Elections › Subchapter D. Contract for Election Services › Section 31.092. Contract for Election Services Authorized

Sec. 31.092.  CONTRACT FOR ELECTION SERVICES AUTHORIZED.  (a)  The county election officer may contract with the governing body of a political subdivision situated wholly or partly in the county served by the officer to perform election services, as provided by this subchapter, in any one or more elections ordered by an authority of the political subdivision.
(b)  Expired.
(c)  An election services contract need not be submitted to the commissioners court for approval.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Amended by:
Acts 2005, 79th Leg., Ch. 1076 (H.B. 1614), Sec. 1, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 1091 (H.B. 2069), Sec. 1, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 1107 (H.B. 2309), Sec. 1.10, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 17.001(20), eff. September 1, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 1164 (H.B. 2817), Sec. 8, eff. September 1, 2011.
2023 Texas Statutes › Election Code › Title 3 - Election Officers and Observers › Chapter 31 - Officers to Administer Elections › Subchapter D. Contract for Election Services › Section 31.0925. Request for Services Required

Sec. 31.0925.  REQUEST FOR SERVICES REQUIRED.  (a)  This section applies only to a political subdivision:
(1)  that is located entirely in a county:
(A)  with a population of more than 500,000 that is served by a county elections administrator; and
(B)  that does not contain a municipality with a population of more than 150,000; and
(2)  that is not an irrigation district created under the authority of Section 52(b)(1) or (2), Article III, or Section 59, Article XVI, Texas Constitution.
(b)  The governing body of a political subdivision shall request an election services contract with the county elections administrator to perform all duties and functions of the political subdivision in relation to an election that may be transferred under this subchapter if the political subdivision receives a petition requesting the contract signed by a number of registered voters residing in the political subdivision that is equal to or exceeds one percent of all votes cast in the most recent general election held by the political subdivision.
(c)  A petition under this section must be submitted to the clerk of the political subdivision before January 1 of the year in which the election to be administered under the requested election services contract will be held.
Added by Acts 2009, 81st Leg., R.S., Ch. 802 (S.B. 1402), Sec. 1, eff. June 19, 2009.