By: King of Parker, Paul, Cain, Patterson, H.B. No. 2283
Schofield, et al.
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) 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 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.
(c) 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)
Except as provided by Subsection (b), the [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:
(1) accept a donation of $1,000 or more for the purpose
of administering elections; or
(2) use or appropriate a donation described by
Subsection (a) to perform a function of administering elections.
(c) 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; or
(2) any state or federal funds administered or
distributed by the secretary of state, including funds administered
and distributed under Section 31.009, Election Code, or other state
or federal funds made available to political subdivisions to
perform a function related to elections.
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.