§ 31.152 — CREATION OF POSITION.

Texas § 31.152

• Jurisdiction: Texas
• Code EL: Election Code

Text

Sec. 31.152. CREATION OF POSITION. (a) A political subdivision seeking to create the position of joint elections administrator shall send notice requesting creation of that position to:
(1) if the political subdivision seeking creation is a county:
(A) at least one political subdivision located wholly or partly in the county; or
(B) at least one adjacent county; or
(2) if the political subdivision seeking creation is not a county, the commissioners court of a county in which the political subdivision is wholly or partly located.
(b) Notice under Subsection (a)(2) may also be sent to any other political subdivision wholly or partly located in the same county.
(c) A county receiving notice under Subsection (a)(1)(B) may provide a copy of the notice to any political subdivision wholly or partly located in that county.
(d) The position of joint elections administrator is created for a single county if the commissioners court of a county and the governing body of one or more political subdivisions located in that county separately adopt a written order creating the position in the manner in which that body approves orders.
(e) The position of joint elections administrator is created for multiple counties if the commissioners courts of two or more adjacent counties and, if applicable, the governing body of one or more political subdivisions located in either county separately adopt a written order creating the position in the manner in which that body approves orders. A political subdivision may not adopt a written order creating the position of joint elections administrator unless a county in which the political subdivision is wholly or partly located adopts a written order creating the position.
(f) An order adopted under Subsection (d) or (e) must state the date the creation of the position of joint elections administrator is effective. The effective date may not be later than 12 months after the date the required orders are adopted.
(g) To facilitate the orderly transfer of duties on the effective date, the order may authorize the employment of the joint elections administrator-designate not earlier than the 90th day before the effective date of the creation of the position, at a salary not to exceed that to be paid to the county clerk of the most populous county sharing the joint elections administrator.
(h) Not later than the third day after the date the order is adopted, the chair of the joint elections commission shall deliver a certified copy of the order to:
(1) the secretary of state;
(2) each member of the county election commission, if any; and
(3) a representative from each participating entity.
(i) A political subdivision located in more than one county may not create a joint elections administrator with more than one county if the counties do not share a joint elections administrator.

Legislative History

Added by Acts 2007, 80th Leg., R.S., Ch. 148 (S.B. 493 ), Sec. 1, eff. September 1, 2007. Amended by: Acts 2019, 86th Leg., R.S., Ch. 338 (S.B. 893 ), Sec. 7, eff. September 1, 2019.