H.B. No. 2283
AN ACT
relating to the acceptance of certain gifts 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 405.005, Government Code, is amended by
adding Subsections (c) and (d) to read as follows:
(c) The secretary of state shall ensure that any gift,
grant, or donation accepted under Subsection (a) to perform a
function of administering elections is equitably distributed
throughout the state based on a percentage of the population of each
county or another method determined by the secretary.
(d) Not later than January 1 of each odd-numbered year, the
secretary shall submit a report to the governor, the lieutenant
governor, and the speaker of the house of representatives that
includes a detailed summary of any gifts, grants, or donations
described by Subsection (a) and the manner in which those amounts
were expended in the administration of an election.
SECTION 3. 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 4. 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.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2283 was passed by the House on April
29, 2021, by the following vote: Yeas 89, Nays 52, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 2283 on May 28, 2021, by the following vote: Yeas 96, Nays 50,
1 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2283 was passed by the Senate, with
amendments, on May 25, 2021, by the following vote: Yeas 18, Nays
13.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor