Bill Text: TX HB2283 | 2021-2022 | 87th Legislature | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the acceptance of certain gifts and donations for the administration of elections.

Spectrum: Partisan Bill (Republican 11-0)

Status: (Passed) 2021-06-18 - Effective on 9/1/21 [HB2283 Detail]

Download: Texas-2021-HB2283-Comm_Sub.html
 
 
  By: King of Parker, et al. H.B. No. 2283
        (Senate Sponsor - Creighton)
         (In the Senate - Received from the House May 3, 2021;
  May 10, 2021, read first time and referred to Committee on State
  Affairs; May 20, 2021, reported adversely, with favorable
  Committee Substitute by the following vote:  Yeas 6, Nays 2;
  May 20, 2021, sent to printer.)
Click here to see the committee vote
 
  COMMITTEE SUBSTITUTE FOR H.B. No. 2283 By:  Hughes
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the prohibition of certain contributions and donations
  for the administration of elections.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter E, Chapter 31, Election Code, is
  amended by adding Section 31.126 to read as follows:
         Sec. 31.126.  PROHIBITED CONTRIBUTIONS. (a) Without the
  written consent of the secretary of state, the joint elections
  commission, county election commission, and county election board
  may not:
               (1)  accept a contribution of $1,000 or more, including
  the value of in-kind donations, offered by:
                     (A)  a private individual;
                     (B)  a business entity, including a:
                           (i)  corporation;
                           (ii)  partnership; or
                           (iii)  trust; or
                     (C)  another third party; or
               (2)  use a contribution described by Subdivision (1) to
  perform a function of administering elections.
         (b)  The secretary of state may grant consent under
  Subsection (a) only if:
               (1)  the secretary consults with the governor, the
  lieutenant governor, and the speaker of the house of
  representatives on the proposed donation; and
               (2)  the governor, the lieutenant governor, and the
  speaker of the house of representatives unanimously agree to the
  secretary's grant of consent.
         (c)  The joint elections commission, county election
  commission, and county election board may accept a contribution of
  less than $1,000 only with written consent from the relevant
  political subdivision.
         (d)  This section does not prohibit the acceptance of:
               (1)  an in-kind contribution of food or beverage for
  election workers during the administration of an election;
               (2)  any state or federal funds administered or
  distributed by the secretary of state, including funds administered
  and distributed under Section 31.009, or other state or federal
  funds made available to political subdivisions to perform a
  function related to elections; or
               (3)  an offer for use, without charge or for a reduced
  fee, of a public or private building or a portion of a building for
  the purposes of conducting an election, including for use as a
  polling place designated under Chapter 43.
         SECTION 2.  Section 81.032, Local Government Code, is
  amended to read as follows:
         Sec. 81.032.  ACCEPTANCE OF DONATIONS AND BEQUESTS. (a) The
  commissioners court may accept a donation of labor or services,
  gift, grant, donation, bequest, or devise of money or other
  property on behalf of the county, including a donation under
  Chapter 38, Government Code, for the purpose of performing a
  function conferred by law on the county or a county officer.
         (b)  The commissioners court may not accept a donation
  described in Subsection (a) of over $1,000 for use in administering
  elections without the written consent of the secretary of state.
         (c)  The secretary of state may grant consent under
  Subsection (b) only if:
               (1)  the secretary consults with the governor, the
  lieutenant governor, and the speaker of the house of
  representatives on the proposed donation; and
               (2)  the governor, the lieutenant governor, and the
  speaker of the house of representatives unanimously agree to the
  secretary's grant of consent.
         SECTION 3.  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, 2021.
 
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