82R7515 ATP-F

By: Burkett H.B. No. 1678

A BILL TO BE ENTITLED

AN ACT

relating to the appointment of a county election administrator.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 31.031(d), Election Code, is amended to read as follows:

(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) the comptroller of public accounts[; and

[(3) each member of the county election commission].

SECTION 2. The heading to Section 31.032, Election Code, is amended to read as follows:

Sec. 31.032. APPOINTMENT OF ADMINISTRATOR[; COUNTY ELECTION COMMISSION].

SECTION 3. Sections 31.032(a), (b), and (c), Election Code, are amended to read as follows:

(a) The position of county elections administrator is filled by appointment of the commissioners court [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 commissioners court [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 commissioners court [commission] members necessary to make the appointment. Not later than the third day after the date an administrator is appointed, the county judge [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.

SECTION 4. Section 31.036, Election Code, is amended to read as follows:

Sec. 31.036. RESIGNATION. The commissioners court [county election commission] is the proper authority to receive and act on a resignation from the position of county elections administrator.

SECTION 5. Section 31.037, Election Code, is amended to read as follows:

Sec. 31.037. TERMINATION OF EMPLOYMENT. The employment of the county elections administrator may be 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.

SECTION 6. Section 31.038(a), Election Code, is amended to read as follows:

(a) A vacancy in the position of county elections administrator is filled by appointment of the commissioners court [county election commission].

SECTION 7. Section 31.152(h), Election Code, is amended to read as follows:

(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; and

(3) [each member of the county election commission, if any; and

[(4)] a representative from each participating entity.

SECTION 8. Section 31.033, Election Code, is repealed.

SECTION 9. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2011.