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AN ACT
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relating to the creation of a joint elections administrator; |
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providing penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 31, Election Code, is amended by adding |
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Subchapter F to read as follows: |
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SUBCHAPTER F. JOINT ELECTIONS ADMINISTRATOR |
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Sec. 31.151. DEFINITION. In this subchapter, |
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"participating entity" means a political subdivision for whom the |
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joint elections administrator conducts elections under this |
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subchapter. |
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Sec. 31.152. CREATION OF POSITION. (a) A political |
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subdivision seeking to create the position of joint elections |
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administrator shall send notice requesting creation of that |
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position to: |
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(1) if the political subdivision seeking creation is a |
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county: |
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(A) at least one political subdivision located |
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wholly or partly in the county; or |
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(B) at least one adjacent county; or |
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(2) if the political subdivision seeking creation is |
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not a county, the commissioners court of a county in which the |
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political subdivision is wholly or partly located. |
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(b) Notice under Subsection (a)(2) may also be sent to any |
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other political subdivision wholly or partly located in the same |
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county. |
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(c) A county receiving notice under Subsection (a)(1)(B) |
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may provide a copy of the notice to any political subdivision wholly |
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or partly located in that county. |
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(d) The position of joint elections administrator is |
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created for a single county if the commissioners court of a county |
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and the governing body of one or more political subdivisions |
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located in that county separately adopt a written order creating |
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the position in the manner in which that body approves orders. |
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(e) The position of joint elections administrator is |
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created for multiple counties if the commissioners courts of two or |
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more adjacent counties and, if applicable, the governing body of |
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one or more political subdivisions located in either county |
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separately adopt a written order creating the position in the |
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manner in which that body approves orders. A political subdivision |
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may not adopt a written order creating the position of joint |
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elections administrator unless a county in which the political |
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subdivision is wholly or partly located adopts a written order |
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creating the position. |
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(f) An order adopted under Subsection (d) or (e) must state |
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the date the creation of the position of joint elections |
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administrator is effective. The effective date may not be later |
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than 12 months after the date the required orders are adopted. |
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(g) To facilitate the orderly transfer of duties on the |
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effective date, the order may authorize the employment of the joint |
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elections administrator-designate not earlier than the 90th day |
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before the effective date of the creation of the position, at a |
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salary not to exceed that to be paid to the county clerk of the most |
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populous county sharing the joint elections administrator. |
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(h) Not later than the third day after the date the order is |
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adopted, the chair of the joint elections commission shall deliver |
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a certified copy of the order to: |
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(1) the secretary of state; |
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(2) the comptroller; |
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(3) each member of the county election commission, if |
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any; and |
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(4) a representative from each participating entity. |
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(i) A political subdivision located in more than one county |
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may not create a joint elections administrator with more than one |
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county if the counties do not share a joint elections |
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administrator. |
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Sec. 31.153. JOINT ELECTIONS COMMISSION. (a) The joint |
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elections commission consists of: |
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(1) from each county that has adopted an order to have |
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its elections conducted by the joint elections administrator, the |
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county judge, county clerk, and county tax assessor-collector; |
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(2) from each county described in Subdivision (1), the |
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county chair of each political party that made nominations by |
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primary election for the last general election for state and county |
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officers preceding the date of the meeting at which the appointment |
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is made; and |
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(3) a representative from each participating entity |
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other than a county. |
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(b) The members of the joint elections commission shall |
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annually designate: |
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(1) a chair, who must be a county judge; |
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(2) a vice chair, who must be a county clerk; and |
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(3) a secretary, who must be a county tax |
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assessor-collector. |
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Sec. 31.154. APPOINTMENT OF JOINT ELECTIONS ADMINISTRATOR. |
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(a) The position of joint elections administrator is filled by |
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appointment of the joint elections commission. |
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(b) To be appointed, a joint elections administrator must |
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receive the affirmative vote of a majority of the joint elections |
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commission's membership. Each member voting in favor of the |
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appointment must sign the resolution or order appointing the |
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administrator. |
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(c) Not later than the third day after the date a joint |
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elections administrator is appointed, the officer who presided at |
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the meeting shall file a signed copy of the resolution or order with |
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the secretary of the joint elections commission. Not later than the |
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third day after the date the copy is filed, the secretary of the |
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commission shall deliver a certified copy of the resolution or |
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order to the secretary of state. |
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(d) The initial appointment may be made at any time after |
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the adoption of the order creating the position. |
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Sec. 31.155. COMMISSION MEETINGS. (a) The joint elections |
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commission shall meet at the call of the chair. However, the vice |
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chair or any three members of the commission may call a meeting if |
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the calling authority considers a meeting to be necessary or |
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desirable and the chair fails to call the meeting after being |
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requested to do so. |
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(b) The authority calling a meeting shall set the date, |
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hour, and place for the meeting and shall deliver written notice of |
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the time and place to each other joint elections commission member |
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not later than the fourth day before the meeting date. |
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(c) Each member who is present at a meeting is entitled to |
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vote on any matter that is put to a vote. |
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Sec. 31.156. ELIGIBILITY. To be eligible for appointment |
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as joint elections administrator, a person must be a qualified |
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voter of this state. |
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Sec. 31.157. RESIGNATION. The joint elections commission |
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is the proper authority to receive and act on a resignation from the |
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position of joint elections administrator. |
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Sec. 31.158. TERMINATION OF EMPLOYMENT. The employment of |
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the joint elections administrator may be terminated at any time for |
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good and sufficient cause on: |
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(1) the vote of not less than four-fifths of the |
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members of the joint elections commission; and |
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(2) the approval of that action by a majority vote of |
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the governing bodies of a majority of the participating entities. |
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Sec. 31.159. FILLING VACANCY. (a) A vacancy in the |
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position of joint elections administrator is filled by appointment |
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of the joint elections commission. |
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(b) An appointment to fill an anticipated vacancy arising |
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from a resignation to take effect at a future date may be made at any |
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time after the resignation is accepted. |
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Sec. 31.160. SALARY; STAFF; OPERATING EXPENSES. (a) The |
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joint elections commission shall set the number of deputies and |
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other persons that the joint elections administrator may employ. |
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(b) The joint elections commission may allow the automobile |
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expense that it considers necessary to the joint elections |
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administrator and to any of the administrator's employees in the |
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performance of their official duties. |
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(c) The joint elections commission shall provide the joint |
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elections administrator with suitable office space and with the |
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equipment and operating expenses needed for the proper conduct of |
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the office. |
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(d) The participating entities shall share the cost of the |
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operating expenses of the joint elections administrator's office, |
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as determined by the participating entities. The total amount |
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initially appropriated by the governing bodies of the participating |
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entities for the operating expenses of the administrator's office |
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may not be less than the total amount last appropriated to the least |
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populous participating county's county clerk and county tax |
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assessor-collector for the functions assigned to the |
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administrator. |
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(e) The joint elections administrator for a county with a |
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population of one million or more that has an elections |
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administrator is subject to Section 31.035 in the same manner as a |
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county elections administrator. A person employed on a full-time |
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basis by the joint elections administrator's office for that county |
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is subject to Section 31.035 in the same manner as the joint |
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elections administrator. |
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Sec. 31.161. BOND. (a) Before assuming the duties of a |
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joint elections administrator, the person appointed to the position |
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must give a bond that is in an amount set by the joint elections |
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commission, not to exceed $20,000, payable to the commission chair, |
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approved by the commission, and conditioned on the faithful |
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performance of the duties of the position. |
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(b) The joint elections commission or the joint elections |
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administrator may require any or all of the administrator's |
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deputies, other than unpaid volunteer deputy registrars, to give a |
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bond similar to that required of the administrator in an amount not |
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exceeding the amount of the administrator's bond. |
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Sec. 31.162. SEAL. The joint elections administrator shall |
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have an official seal, on which shall be inscribed a star with five |
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points surrounded by the words "Joint Elections Administrator, |
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____________ County, Texas", for use in certifying documents |
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required to be impressed with the seal of the certifying officer. |
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The seal must include the name of each participating county. |
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Sec. 31.163. TRANSFER OF RECORDS. As soon as practicable |
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after the effective date of the creation of the position of joint |
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elections administrator, the officer formerly serving as the voter |
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registrar shall transfer to the administrator all records |
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pertaining to voter registration, and the officers of the |
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participating entities formerly required to conduct elections |
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shall transfer to the administrator all voting equipment and |
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supplies of which the officer has custody and all records in the |
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officer's possession that pertain to an uncompleted election. The |
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joint elections commission shall determine which records of prior |
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elections are to be transferred to the administrator and which are |
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to remain with the officer. |
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Sec. 31.164. DUTIES OF ADMINISTRATOR GENERALLY. (a) The |
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joint elections administrator shall perform: |
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(1) the duties and functions of the voter registrar, |
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except as provided by Subsection (b); |
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(2) the duties and functions relating to elections |
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placed by this code on an officer of a participating entity formerly |
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required to conduct elections; |
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(3) the duties and functions relating to elections |
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placed by statutes outside this code on an officer of a |
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participating entity formerly required to conduct elections, |
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subject to Section 31.165; and |
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(4) the duties and functions placed on the |
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administrator under Sections 31.165 and 31.166. |
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(b) The joint elections administrator may serve as the voter |
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registrar only in the county or counties that created the |
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administrator's position. For territory of a participating entity |
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located in another county, the officer designated under Section |
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12.001 as the voter registrar for that county retains the duties of |
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the voter registrar. |
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Sec. 31.165. DIVISION OF CERTAIN DUTIES BETWEEN OFFICER AND |
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ADMINISTRATOR. (a) With respect to meetings of the governing body |
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of a participating entity, including meetings at which the only |
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business conducted pertains to elections, the officer of the |
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participating entity formerly required to conduct elections shall |
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perform the officer's regularly prescribed duties in giving notice |
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of and preparing the agenda for the meetings, attending the |
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meetings and making a record of the proceedings, preparing and |
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maintaining the minutes of the governing body, and filing and |
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preserving copies of the governing body's orders, except as |
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provided by Subsection (b). The joint elections administrator |
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shall cooperate with the officer in supplying information on |
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election matters that are to be brought before the governing body |
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and shall attend or be represented at the meetings of the governing |
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body at which election matters are considered. The officer shall |
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furnish the administrator with a copy of each order of the governing |
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body that pertains to or affects an election, and the administrator |
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shall maintain the copies on file. |
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(b) The joint elections administrator is responsible for |
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providing the clerical assistance needed by the governing body in |
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canvassing precinct election returns. The administrator shall |
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maintain the official file of the governing body's tabulation of |
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election results, and the officer need not maintain a file of copies |
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of the tabulations. |
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(c) In an election on a measure in which the governing body |
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is the final canvassing authority, if a statute requires the |
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officer to record an order of the governing body in its minutes |
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declaring whether the measure carried or failed, the officer shall |
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perform that duty. A copy of the order shall also be filed in the |
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office of the joint elections administrator. If a statute requires |
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the officer to certify the result of the election to some other |
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authority, the officer shall perform that duty. |
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(d) If a statute provides for the ordering of an election on |
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a measure by the governing body, the presiding officer of that body, |
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or another authority of the entity on submission of a petition |
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requesting the election, the joint elections administrator shall |
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perform the duties that the statute places on the participating |
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entity's officer in connection with filing the petition, |
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determining its validity, and any other matters preceding the |
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ordering of the election. |
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(e) If a statute prescribing the procedure for creating a |
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political subdivision provides for the ordering of an election by a |
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participating entity as a step in the creation process, the joint |
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elections administrator shall perform the duties that the statute |
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places on an officer of that entity in connection with matters |
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preceding the entry of the order on whether the election will be |
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ordered, including the filing of a petition for the creation, the |
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holding of any hearing on the proposal, the filing of any report or |
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other document that is a step in the procedure, and the taking of |
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any appeal from the order on whether the election is to be ordered. |
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If the holding of an election ordered by a participating entity is |
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not one of the steps in the creation process, the entity's officer |
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shall perform the duties placed on that officer in connection with |
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the creation of a political subdivision. |
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(f) If a statute provides that the return of an election |
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notice for an election ordered by a participating entity is to be |
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recorded in the minutes of the governing body of the entity, the |
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return shall be filed in the office of the joint elections |
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administrator. |
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(g) The county clerk is the proper officer to receive and |
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post copies of proposed constitutional amendments under Section 1, |
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Article XVII, Texas Constitution. However, the secretary of state |
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shall also send a copy of each proposed amendment to the joint |
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elections administrator for the administrator's information. |
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Sec. 31.166. CLASSIFICATION OF DUTIES BY SECRETARY OF |
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STATE. (a) The secretary of state shall adopt rules consistent |
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with Sections 31.164 and 31.165 that classify the duties and |
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functions placed on the officers of the participating entities by |
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statutes outside this code according to whether they are to be |
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performed by the joint elections administrator or by the officer. |
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(b) If the joint elections administrator or officer of a |
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participating entity is uncertain as to which person should perform |
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a duty or function that the secretary of state has not classified, |
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the person shall request the secretary to classify that duty or |
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function, and the secretary shall comply with the request as soon as |
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practicable. |
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(c) The secretary of state shall deliver a copy of each rule |
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proposed under this section to the joint elections administrator |
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and to the officer of each participating entity in this state not |
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later than the fifth day after the date notice of the proposal is |
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published in the Texas Register and shall deliver a copy of each |
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adopted rule to those persons not later than the fifth day after the |
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date the certified copy of the rule is filed in the secretary's |
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office. Failure to comply with this subsection does not affect the |
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validity of a rule. |
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(d) On receiving notice of the creation of the position of |
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joint elections administrator for a county, the secretary of state |
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shall deliver to the county clerk a current set of the rules adopted |
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under this section. On receiving notice of the initial appointment |
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of the administrator, the secretary shall deliver a set of the rules |
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to the administrator. |
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(e) The secretary of state may, on 30 days' notice, adopt a |
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rule classifying a duty or function if the rule is needed in a |
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shorter time than provided by the regular rulemaking process. The |
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rule is considered an emergency rule for purposes of Chapter 2001, |
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Government Code. The secretary is not required to give notice of |
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the proposed rule under Subsection (c), but the secretary must give |
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notice of the rule's adoption under that subsection. |
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Sec. 31.167. MISDIRECTION OF DOCUMENT. (a) If a document |
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that should be filed with or submitted to the joint elections |
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administrator is mailed to an officer of a participating entity or |
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vice versa, the person receiving the document shall note on the |
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document or the envelope in which it is received the time of its |
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receipt and shall promptly deliver it to the proper person. If the |
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statute under which the document is filed or submitted does not |
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specify that the filing or submission is to be made with the |
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elections administrator of a political subdivision having that |
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position, the timeliness of the filing or submission is determined, |
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as appropriate: |
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(1) by the time of mailing; or |
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(2) by the time of receipt by the person to whom the |
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document is addressed. |
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(b) If a document that should be filed with or submitted to |
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the joint elections administrator is delivered in person to an |
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officer of a participating entity or vice versa, the person to whom |
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the delivery is made shall direct the person making the delivery to |
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the proper office. |
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(c) If a statute specifies that a document is to be filed |
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with or submitted to an officer without specifying that the filing |
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or submission is to be made with the elections administrator of a |
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political subdivision having that position and the office to accept |
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the filing or submission is changed to the joint elections |
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administrator under this subchapter, a filing or submission made |
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with the officer has the same legal effect as if made with the |
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administrator if the officer accepts and files the document. |
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Sec. 31.168. ACTION BY WRONG OFFICER. If a statute |
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specifies that an action is to be taken by an officer without |
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specifying that it is to be taken by the elections administrator of |
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a political subdivision having that position, an action taken by |
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the officer without objection from the administrator has the same |
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legal effect as if taken by the administrator. |
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Sec. 31.169. ADDITION OR WITHDRAWAL OF POLITICAL |
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SUBDIVISIONS. (a) A political subdivision that has not created |
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the position of joint elections administrator and that has |
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territory in or is a county adjacent to a county using a joint |
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elections administrator may use the joint elections administrator |
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to conduct the elections of the political subdivision as provided |
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by this subchapter, if approved by the governing body of the |
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political subdivision and the joint elections commission. |
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Following approval by both entities under this subsection, the |
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political subdivision is entitled to representation on the joint |
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elections commission, as provided by Section 31.153(a)(3). |
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(b) A political subdivision, other than the county that sent |
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notice seeking creation under Section 31.152(a)(1) or to which the |
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notice was sent under Section 31.152(a)(2), may cease using the |
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joint elections administrator to conduct the elections of the |
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political subdivision under this subchapter, if approved by the |
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governing body of the political subdivision. Following approval by |
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the governing body under this subsection, the political subdivision |
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is not entitled to representation on the joint elections |
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commission. |
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Sec. 31.170. ABOLISHING POSITION. (a) The joint elections |
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commission or the commissioners court of each participating county |
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by written order may abolish the position of joint elections |
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administrator at any time. |
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(b) After the effective date of an order abolishing the |
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position of joint elections administrator, the county tax |
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assessor-collector is the voter registrar of the county, and the |
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duties and functions of the officer of a participating entity that |
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were performed by the administrator revert to the officer, unless a |
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transfer of duties and functions occurs under Section 12.031 or |
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31.071. |
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(c) Not later than the third day after the date an order |
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abolishing the position of joint elections administrator is |
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adopted, the county clerk of the most populous participating county |
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shall deliver a certified copy of the order to the secretary of |
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state and comptroller. |
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Sec. 31.171. CRIMINAL PENALTIES. A statute prescribing a |
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criminal penalty against an officer of a participating entity or |
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the officer's deputies or other employees for conduct relating to |
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duties or functions transferred to the joint elections |
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administrator applies to the administrator or to the |
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administrator's deputies or employees as appropriate. |
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SECTION 2. This Act takes effect September 1, 2007. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 493 passed the Senate on |
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April 12, 2007, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 493 passed the House on |
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May 8, 2007, by the following vote: Yeas 146, Nays 0, two present |
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not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |