88R10203 MPF-F
By: Kolkhorst S.B. No. 2125
A BILL TO BE ENTITLED
AN ACT
relating to the suspension of the authority of a county election
officer.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter E, Chapter 31, Election Code, is
amended by adding Section 31.131 to read as follows:
Sec. 31.131. SUSPENSION OF COUNTY ELECTION OFFICER BY
SECRETARY OF STATE. (a) In this section, "county election officer"
means the county elections administrator in counties having that
position, the county tax assessor-collector in counties in which
the county clerk's position duties and functions have been
transferred to the tax assessor-collector, and the county clerk in
other counties.
(b) The secretary of state may enter a written order to
suspend the authority of a county election officer to carry out the
officer's powers and duties under this code at any time if the
secretary of state has good cause to determine that the county
election officer has not substantially cooperated with an audit
conducted by the secretary of state under Section 127.351.
(c) The secretary of state shall establish by rule the
standards for substantial cooperation with an audit conducted under
Section 127.351.
(d) After the secretary of state determines that a county
election officer did not substantially cooperate with an audit, the
county may not reduce the county election officer's budget from the
previous year until the period of conservatorship under Subsection
(e) has ended.
(e) The authority of a county election officer suspended as
provided by Subsection (b) must be fulfilled by a conservator
appointed by the secretary of state. A conservator appointed by the
secretary of state under this subsection serves until a lack of
substantial cooperation under secretary rule does not occur in a
general election held in the county within two federal election
cycles.
(f) The suspension of the authority of a county election
officer under this section remains in effect as provided by
Subsection (e) regardless of whether the individual who holds the
office or position described by Subsection (a) is the same
individual who held the office or position on the date the secretary
of state determined that a lack of substantial cooperation
occurred.
SECTION 2. This Act takes effect September 1, 2023.