88R949 MLH-D
By: Middleton S.B. No. 742
A BILL TO BE ENTITLED
AN ACT
relating to a requirement for certain entities to enter into a
contract for election services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 31.092, Election Code, is
amended to read as follows:
Sec. 31.092. CONTRACT FOR ELECTION SERVICES [AUTHORIZED].
SECTION 2. Section 31.092(a), Election Code, is amended to
read as follows:
(a) The county election officer shall [may] contract with
the governing body of a political subdivision situated wholly or
partly in the county served by the officer to perform election
services, as provided by this subchapter, in any election [one or
more elections] ordered by an authority of the political
subdivision.
SECTION 3. Section 31.093(a), Election Code, is amended to
read as follows:
(a) The [Subject to Section 41.001(d), if requested to do so
by a political subdivision, the] county elections administrator
shall enter into an election services [a] contract [to furnish the
election services requested,] in accordance with a cost schedule
agreed on by the contracting parties.
SECTION 4. Section 42.0621(c), Election Code, is amended to
read as follows:
(c) This section does not require a political subdivision to
[contract with a county under Section 31.092 or] hold a joint
election with a county under Chapter 271.
SECTION 5. Section 173.0341(c), Election Code, is amended
to read as follows:
(c) If the state chair acts as the fiscal agent for a county
party in accordance with an agreement under this section:
(1) the state chair shall deliver the completed
agreement to the secretary of state;
(2) any filing fee received by the county party under
Subchapter C must be made payable to the state party for deposit in
the state primary fund not later than five days after receipt of the
filing fee;
(3) the county chair or county executive committee
shall [make a request in accordance with Section 31.093 to] enter
into a contract with the county elections administrator to conduct
primary elections in the county; and
(4) Section 173.031 does not apply to the county
party.
SECTION 6. The following provisions of the Election Code
are repealed:
(1) Section 31.0925; and
(2) Section 41.001(d).
SECTION 7. This Act takes effect September 1, 2023.