88R10203 MPF-F
 
  By: Kolkhorst S.B. No. 2125
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the suspension of the authority of a county election
  officer.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter E, Chapter 31, Election Code, is
  amended by adding Section 31.131 to read as follows:
         Sec. 31.131.  SUSPENSION OF COUNTY ELECTION OFFICER BY
  SECRETARY OF STATE. (a) In this section, "county election officer"
  means the county elections administrator in counties having that
  position, the county tax assessor-collector in counties in which
  the county clerk's position duties and functions have been
  transferred to the tax assessor-collector, and the county clerk in
  other counties.
         (b)  The secretary of state may enter a written order to
  suspend the authority of a county election officer to carry out the
  officer's powers and duties under this code at any time if the
  secretary of state has good cause to determine that the county
  election officer has not substantially cooperated with an audit
  conducted by the secretary of state under Section 127.351.
         (c)  The secretary of state shall establish by rule the
  standards for substantial cooperation with an audit conducted under
  Section 127.351.
         (d)  After the secretary of state determines that a county
  election officer did not substantially cooperate with an audit, the
  county may not reduce the county election officer's budget from the
  previous year until the period of conservatorship under Subsection
  (e) has ended.
         (e)  The authority of a county election officer suspended as
  provided by Subsection (b) must be fulfilled by a conservator
  appointed by the secretary of state. A conservator appointed by the
  secretary of state under this subsection serves until a lack of
  substantial cooperation under secretary rule does not occur in a
  general election held in the county within two federal election
  cycles.
         (f)  The suspension of the authority of a county election
  officer under this section remains in effect as provided by
  Subsection (e) regardless of whether the individual who holds the
  office or position described by Subsection (a) is the same
  individual who held the office or position on the date the secretary
  of state determined that a lack of substantial cooperation
  occurred.
         SECTION 2.  This Act takes effect September 1, 2023.