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AN ACT
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relating to the acceptance of certain gifts and donations for the |
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administration of elections. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter E, Chapter 31, Election Code, is |
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amended by adding Section 31.126 to read as follows: |
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Sec. 31.126. PROHIBITED CONTRIBUTIONS. (a) Without the |
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written consent of the secretary of state, the joint elections |
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commission, county election commission, and county election board |
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may not: |
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(1) accept a contribution of $1,000 or more, including |
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the value of in-kind donations, offered by: |
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(A) a private individual; |
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(B) a business entity, including a: |
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(i) corporation; |
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(ii) partnership; or |
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(iii) trust; or |
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(C) another third party; or |
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(2) use a contribution described by Subdivision (1) to |
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perform a function of administering elections. |
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(b) The secretary of state may grant consent under |
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Subsection (a) only if: |
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(1) the secretary consults with the governor, the |
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lieutenant governor, and the speaker of the house of |
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representatives on the proposed donation; and |
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(2) the governor, the lieutenant governor, and the |
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speaker of the house of representatives unanimously agree to the |
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secretary's grant of consent. |
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(c) The joint elections commission, county election |
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commission, and county election board may accept a contribution of |
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less than $1,000 only with written consent from the relevant |
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political subdivision. |
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(d) This section does not prohibit the acceptance of: |
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(1) an in-kind contribution of food or beverage for |
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election workers during the administration of an election; |
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(2) any state or federal funds administered or |
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distributed by the secretary of state, including funds administered |
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and distributed under Section 31.009, or other state or federal |
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funds made available to political subdivisions to perform a |
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function related to elections; or |
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(3) an offer for use, without charge or for a reduced |
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fee, of a public or private building or a portion of a building for |
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the purposes of conducting an election, including for use as a |
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polling place designated under Chapter 43. |
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SECTION 2. Section 405.005, Government Code, is amended by |
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adding Subsections (c) and (d) to read as follows: |
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(c) The secretary of state shall ensure that any gift, |
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grant, or donation accepted under Subsection (a) to perform a |
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function of administering elections is equitably distributed |
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throughout the state based on a percentage of the population of each |
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county or another method determined by the secretary. |
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(d) Not later than January 1 of each odd-numbered year, the |
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secretary shall submit a report to the governor, the lieutenant |
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governor, and the speaker of the house of representatives that |
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includes a detailed summary of any gifts, grants, or donations |
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described by Subsection (a) and the manner in which those amounts |
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were expended in the administration of an election. |
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SECTION 3. Section 81.032, Local Government Code, is |
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amended to read as follows: |
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Sec. 81.032. ACCEPTANCE OF DONATIONS AND BEQUESTS. (a) The |
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commissioners court may accept a donation of labor or services, |
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gift, grant, donation, bequest, or devise of money or other |
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property on behalf of the county, including a donation under |
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Chapter 38, Government Code, for the purpose of performing a |
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function conferred by law on the county or a county officer. |
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(b) The commissioners court may not accept a donation |
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described in Subsection (a) of over $1,000 for use in administering |
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elections without the written consent of the secretary of state. |
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(c) The secretary of state may grant consent under |
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Subsection (b) only if: |
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(1) the secretary consults with the governor, the |
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lieutenant governor, and the speaker of the house of |
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representatives on the proposed donation; and |
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(2) the governor, the lieutenant governor, and the |
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speaker of the house of representatives unanimously agree to the |
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secretary's grant of consent. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2021. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2283 was passed by the House on April |
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29, 2021, by the following vote: Yeas 89, Nays 52, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 2283 on May 28, 2021, by the following vote: Yeas 96, Nays 50, |
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1 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2283 was passed by the Senate, with |
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amendments, on May 25, 2021, by the following vote: Yeas 18, Nays |
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13. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |