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A BILL TO BE ENTITLED
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AN ACT
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relating to the suspension of the authority of a county election |
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officer. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter E, Chapter 31, Election Code, is |
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amended by adding Section 31.131 to read as follows: |
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Sec. 31.131. SUSPENSION OF COUNTY ELECTION OFFICER BY |
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SECRETARY OF STATE. (a) In this section, "county election officer" |
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means the county elections administrator in counties having that |
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position, the county tax assessor-collector in counties in which |
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the county clerk's position duties and functions have been |
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transferred to the tax assessor-collector, and the county clerk in |
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other counties. |
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(b) The secretary of state may enter a written order to |
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suspend the authority of a county election officer to carry out the |
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officer's powers and duties under this code at any time if the |
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secretary of state has good cause to determine that the county |
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election officer has not substantially cooperated with an audit |
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conducted by the secretary of state under Section 127.351. |
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(c) The secretary of state shall establish by rule the |
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standards for substantial cooperation with an audit conducted under |
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Section 127.351. |
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(d) After the secretary of state determines that a county |
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election officer did not substantially cooperate with an audit, the |
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county may not reduce the county election officer's budget from the |
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previous year until the period of conservatorship under Subsection |
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(e) has ended. |
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(e) The authority of a county election officer suspended as |
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provided by Subsection (b) must be fulfilled by a conservator |
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appointed by the secretary of state. A conservator appointed by the |
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secretary of state under this subsection serves until a lack of |
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substantial cooperation under secretary rule does not occur in a |
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general election held in the county within two federal election |
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cycles. |
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(f) The suspension of the authority of a county election |
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officer under this section remains in effect as provided by |
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Subsection (e) regardless of whether the individual who holds the |
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office or position described by Subsection (a) is the same |
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individual who held the office or position on the date the secretary |
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of state determined that a lack of substantial cooperation |
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occurred. |
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SECTION 2. This Act takes effect September 1, 2023. |