| 1 | 1 | | 88R949 MLH-D |
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| 2 | 2 | | By: Paul H.B. No. 1306 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to a requirement for certain entities to enter into a |
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| 8 | 8 | | contract for election services. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. The heading to Section 31.092, Election Code, is |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | Sec. 31.092. CONTRACT FOR ELECTION SERVICES [AUTHORIZED]. |
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| 13 | 13 | | SECTION 2. Section 31.092(a), Election Code, is amended to |
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| 14 | 14 | | read as follows: |
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| 15 | 15 | | (a) The county election officer shall [may] contract with |
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| 16 | 16 | | the governing body of a political subdivision situated wholly or |
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| 17 | 17 | | partly in the county served by the officer to perform election |
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| 18 | 18 | | services, as provided by this subchapter, in any election [one or |
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| 19 | 19 | | more elections] ordered by an authority of the political |
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| 20 | 20 | | subdivision. |
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| 21 | 21 | | SECTION 3. Section 31.093(a), Election Code, is amended to |
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| 22 | 22 | | read as follows: |
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| 23 | 23 | | (a) The [Subject to Section 41.001(d), if requested to do so |
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| 24 | 24 | | by a political subdivision, the] county elections administrator |
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| 25 | 25 | | shall enter into an election services [a] contract [to furnish the |
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| 26 | 26 | | election services requested,] in accordance with a cost schedule |
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| 27 | 27 | | agreed on by the contracting parties. |
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| 28 | 28 | | SECTION 4. Section 42.0621(c), Election Code, is amended to |
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| 29 | 29 | | read as follows: |
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| 30 | 30 | | (c) This section does not require a political subdivision to |
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| 31 | 31 | | [contract with a county under Section 31.092 or] hold a joint |
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| 32 | 32 | | election with a county under Chapter 271. |
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| 33 | 33 | | SECTION 5. Section 173.0341(c), Election Code, is amended |
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| 34 | 34 | | to read as follows: |
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| 35 | 35 | | (c) If the state chair acts as the fiscal agent for a county |
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| 36 | 36 | | party in accordance with an agreement under this section: |
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| 37 | 37 | | (1) the state chair shall deliver the completed |
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| 38 | 38 | | agreement to the secretary of state; |
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| 39 | 39 | | (2) any filing fee received by the county party under |
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| 40 | 40 | | Subchapter C must be made payable to the state party for deposit in |
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| 41 | 41 | | the state primary fund not later than five days after receipt of the |
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| 42 | 42 | | filing fee; |
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| 43 | 43 | | (3) the county chair or county executive committee |
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| 44 | 44 | | shall [make a request in accordance with Section 31.093 to] enter |
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| 45 | 45 | | into a contract with the county elections administrator to conduct |
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| 46 | 46 | | primary elections in the county; and |
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| 47 | 47 | | (4) Section 173.031 does not apply to the county |
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| 48 | 48 | | party. |
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| 49 | 49 | | SECTION 6. The following provisions of the Election Code |
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| 50 | 50 | | are repealed: |
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| 51 | 51 | | (1) Section 31.0925; and |
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| 52 | 52 | | (2) Section 41.001(d). |
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| 53 | 53 | | SECTION 7. This Act takes effect September 1, 2023. |
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