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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of a county elections administrator to |
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engage in certain political activity. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 31.035, Election Code, is amended by |
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amending Subsections (a) and (b) and adding Subsection (a-1) to |
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read as follows: |
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(a) A county elections administrator may not: |
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(1) be a candidate for: |
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(A) a public office that: |
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(i) is a statewide office; |
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(ii) serves the same county or any part of |
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that county served by the administrator; |
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(iii) is filled by an election in which |
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partisan candidates may appear on the ballot for the office; or |
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(iv) is filled by an election in which the |
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administrator is in any manner involved in the capacity of an |
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elections administrator; or |
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(B) an office of a political party; or |
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(2) [,] hold a public office described by Subdivision |
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(1)(A) [,] or hold an office of or position in a political party. |
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(a-1) At the time an administrator becomes a candidate or |
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accepts an office or position in violation of Subsection (a) [this
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subsection], the administrator vacates the position of |
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administrator. |
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(b) A county elections administrator commits an offense if |
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the administrator makes a political contribution or political |
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expenditure, as defined by the law regulating political funds and |
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campaigns, or publicly supports or opposes a candidate for public |
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office or a measure to be voted on at an election. An offense under |
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this subsection is a Class A misdemeanor. On a final conviction, |
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the administrator's employment is terminated, and the person |
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convicted is ineligible for future appointment as county elections |
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administrator. It is an exception to the application of this |
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subsection that the contribution, expenditure, or support is not |
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provided to or in support of or opposition to: |
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(1) a candidate or measure appearing on the ballot in |
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an election held in the county or any part of the county served by |
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the administrator or any other election in which the administrator |
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is involved in the capacity of an elections administrator; |
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(2) an officeholder who holds a statewide office or |
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serves the same county or any part of the county served by the |
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administrator; or |
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(3) a political committee, for purposes of: |
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(A) supporting or opposing a candidate or measure |
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appearing on the ballot in an election held in the county or any |
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part of the county served by the administrator or any other election |
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in which the administrator is involved in the capacity of an |
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elections administrator; or |
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(B) assisting an officeholder who holds a |
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statewide office or serves the same county or any part of the county |
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served by the administrator. |
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SECTION 2. The change in law made by this Act to Section |
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31.035(b), Election Code, applies only to an offense committed on |
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or after the effective date of this Act. An offense committed |
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before the effective date of this Act is covered by the law in |
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effect when the offense was committed, and the former law is |
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continued in effect for that purpose. For purposes of this section, |
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an offense was committed before the effective date of this Act if |
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any element of the offense occurred before that date. |
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SECTION 3. This Act takes effect September 1, 2011. |