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