Bill Text: TX SB2125 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the suspension of the authority of a county election officer.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-03-21 - Referred to State Affairs [SB2125 Detail]
Download: Texas-2023-SB2125-Introduced.html
| 88R10203 MPF-F | ||
| By: Kolkhorst | S.B. No. 2125 | |
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| 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. | ||
