Bill Text: TX HB589 | 2011-2012 | 82nd Legislature | Introduced

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Bill Title: Relating to the authority of a county elections administrator to engage in certain political activity.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2011-03-07 - Left pending in committee [HB589 Detail]

Download: Texas-2011-HB589-Introduced.html

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82R3449 ATP-D
By: Guillen H.B. No. 589

A BILL TO BE ENTITLED
AN ACT
relating to the authority of a county elections administrator to
engage in certain political activity.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 31.035, Election Code, is amended by
amending Subsections (a) and (b) and adding Subsection (a-1) to
read as follows:
(a) A county elections administrator may not:
(1) be a candidate for:
(A) a public office that:
(i) is a statewide office;
(ii) serves the same county or any part of
that county served by the administrator;
(iii) is filled by an election in which
partisan candidates may appear on the ballot for the office; or
(iv) is filled by an election in which the
administrator is in any manner involved in the capacity of an
elections administrator; or
(B) an office of a political party; or
(2) [,] hold a public office described by Subdivision
(1)(A) [,] or hold an office of or position in a political party.
(a-1) At the time an administrator becomes a candidate or
accepts an office or position in violation of Subsection (a) [this
subsection], the administrator vacates the position of
administrator.
(b) A county elections administrator commits an offense if
the administrator makes a political contribution or political
expenditure, as defined by the law regulating political funds and
campaigns, or publicly supports or opposes a candidate for public
office or a measure to be voted on at an election. An offense under
this subsection is a Class A misdemeanor. On a final conviction,
the administrator's employment is terminated, and the person
convicted is ineligible for future appointment as county elections
administrator. It is an exception to the application of this
subsection that the contribution, expenditure, or support is not
provided to or in support of or opposition to:
(1) a candidate or measure appearing on the ballot in
an election held in the county or any part of the county served by
the administrator or any other election in which the administrator
is involved in the capacity of an elections administrator;
(2) an officeholder who holds a statewide office or
serves the same county or any part of the county served by the
administrator; or
(3) a political committee, for purposes of:
(A) supporting or opposing a candidate or measure
appearing on the ballot in an election held in the county or any
part of the county served by the administrator or any other election
in which the administrator is involved in the capacity of an
elections administrator; or
(B) assisting an officeholder who holds a
statewide office or serves the same county or any part of the county
served by the administrator.
SECTION 2. The change in law made by this Act to Section
31.035(b), Election Code, applies only to an offense committed on
or after the effective date of this Act. An offense committed
before the effective date of this Act is covered by the law in
effect when the offense was committed, and the former law is
continued in effect for that purpose. For purposes of this section,
an offense was committed before the effective date of this Act if
any element of the offense occurred before that date.
SECTION 3. This Act takes effect September 1, 2011.