84R8848 JRJ-D
By: Miller of Fort Bend H.B. No. 2021
A BILL TO BE ENTITLED
AN ACT
relating to preparation for the conduct of a primary election.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 52.002, Election Code, is amended to
read as follows:
Sec. 52.002. AUTHORITY PREPARING BALLOT. Except as
otherwise provided by law, the following authority shall have the
official ballot prepared:
(1) for an election ordered by the governor or a county
authority or for a primary election, the county clerk;
(2) [for a primary election, the county chair of the
political party holding the primary;
[(3)] for an election ordered by a city authority, the
city secretary; and
(3) [(4)] for an election ordered by an authority of a
political subdivision other than a county or city, the secretary of
the subdivision's governing body or, if the governing body has no
secretary, the governing body's presiding officer.
SECTION 2. Section 123.033, Election Code, is amended by
amending Subsection (c) and adding Subsections (g) and (h) to read
as follows:
(c) If the county executive committee desires to lease
equipment owned by the county served by the committee, the county
shall lease the equipment to the committee under the terms agreed to
by the parties, which must provide for the county to conduct any
programming, testing, and validation of voting system equipment on
behalf of the county executive committee. The county chair may be
present during testing and validation of voting system equipment.
The [except that the] county's duty to lease the equipment under
this subsection is subject to reasonable restrictions and
conditions imposed by the commissioners court to:
(1) ensure availability of the equipment in elections
for which the commissioners court adopted the voting system; and
(2) protect the equipment from misuse or damage.
(g) Notwithstanding any other law, reimbursement to a
county for expenses incurred as described by Subsection (f)(2)
shall be reimbursed by the secretary of state directly to the
county.
(h) The secretary of state may adopt rules to implement this
section.
SECTION 3. Section 172.029(e), Election Code, is amended to
read as follows:
(e) The secretary of state shall:
(1) archive and keep available for inspection a list
of all candidates for whom information has been submitted under
this section; and
(2) prescribe rules for:
(A) submitting the list electronically; and
(B) the maintenance and accessibility of
information provided under this section to enable a county clerk to
use the list to create and print the ballot for a primary election
[methodology for distribution to each county clerk and state
chair].
SECTION 4. Section 172.083, Election Code, is amended to
read as follows:
Sec. 172.083. REVIEW AND APPROVAL OF BALLOT BY COUNTY OR
STATE CHAIR [PRIMARY COMMITTEE]. Before having the official
ballots for a general primary election printed, the county clerk
[chair] shall submit the format for the official ballot [to the
primary committee] for [its] review and approval to the county
chair or the county chair's designee. If the county chair or
designee fails to approve or disapprove the format within a
reasonable time, the clerk may submit the format for the official
ballot to the state chair or the state chair's designee for review
and approval.
SECTION 5. Section 173.003, Election Code, is amended to
read as follows:
Sec. 173.003. EXPENSES INCURRED BY COUNTY. (a) Except as
otherwise provided by law, the county shall pay all the expenses
incurred in connection with early voting in a primary election,
except expenses relating to the printing of early voting ballots,
and any other expenses incurred by a county authority in connection
with a primary election.
(b) The secretary of state shall adopt rules for the
reimbursement of expenses relating to the printing of ballots for a
primary election. The rules shall designate whether expenses may
be reimbursed to the county or directly to the vendor providing
services to the county.
SECTION 6. This Act takes effect September 1, 2015.