1 TAC §§81.11, 81.12, 81.17, 81.18
The Office of the Secretary of State proposes amendments
to §§81.11, 81.12, 81.17 and 81.18, concerning disbursement of funds
under the Texas Election Code, Chapter 19. The amendments will allow for a
more efficient operation of the Chapter 19 fund for both the county voter
registrar and the Office of the Secretary of State. These rules designate
which goods and services are reimbursable with Chapter 19 funds and outline
procedures to be followed by county voter registrars to obtain such reimbursement.
Jeffery Eubank, Assistant Secretary of State, has determined that for the
first five-year period the amendments are in effect there will be no fiscal
implications for state or local government as a result of enforcing or administering
them.
Mr. Eubank has also determined that for each year of the first five years
the amendments are in effect the public benefit anticipated as a result of
enforcing them will be a better use of the Chapter 19 funds and a more efficient
reimbursement processing procedure. There will be no effect on small businesses.
There is no anticipated economic cost to the voter registrars.
Comments on these proposed rules may be submitted to the Office of the
Secretary of State, Cathie E. Penn, Program Administrator for Elections Funds
Management, P.O. Box 12060, Austin, Texas, 78711.
The amendments are proposed under the Texas Election Code, §31.003
and §19.002(b), which provides the Secretary of State with the authority
to obtain and maintain uniformity in the application, interpretation, and
operation of provisions under the Texas Election Code and other election laws,
and in performing such duties, to prepare detailed and comprehensive written
directives and instructions based on such laws, and to adopt rules consistent
with the Election Code.
The Texas Election Code, Chapter 19, §19.002(b) is affected by these
proposed amendments.
§81.11.Definitions.
The following words and terms, when used herein, shall have the following
meanings, unless the context clearly indicates otherwise.
(1)
Agency--The Office of the Secretary of State
(2)
Chapter 19--Texas Election Code Annotated,
Chapter 19 (Vernon 1986 and Supplement 1995).
(3)
Chapter 19 funds--Funding available to
a county voter registrar pursuant to Texas Election Code Annotated, §19.002
(Vernon 1986 and Supplement 1995).
(4)
Mileage Guide--
Electronic
Official
State Mileage Guide [
published by Statistical Research Service and
]
adopted by the State Comptroller.
(5)
NVRA (National Voter Registration Act)--House
Bill 127, Chapter 797, 74th Legislature, 1995.
(6)
Rule--A rule adopted under Chapter 81 of
the Texas Administrative Code.
(7)
Section--A section of Texas Election Code
Annotated (Vernon 1986 and Supplemental 1995).
(8)
Travel Guide--State of Texas Travel Allowance
Guide issued by the Texas State Comptroller.
§81.12.Applicable Sections of the Texas Election Code.
(a)
(No change.)
(b)
The Secretary of State has interpreted §19.006 to
mean that the county must provide for the normal operation of the voter registrar's
office. The Secretary of State has interpreted §19.004 to mean that Chapter
19 funds shall be expended on items intended to be used exclusively for voter
registration[
, unless the cost is prorated
].
If an item purchased
or service rendered is not exclusively related to voter registration, the
cost must be prorated.
§81.17.Competitive Bidding Generally Required.
Except for the purchase of voter registration advertising, the voter
registrar shall submit bids for the purchase of items or services to be paid
for with Chapter 19 funds according to the following guidelines:
(1)
No competitive bids for individual purchases of less than
$2,000
[
$1,000
] are required. However, the voter registrar
shall take the steps necessary to insure that all charges are reasonable and
competitive relative to the local market.
(2)
Request for funding for individual purchases of
2,000
[
$1,000
] but less than $10,000 must be accompanied
by three written bids from three different vendors stating the vendor's name,
complete mailing address, telephone number, and the amount of the bid. Copies
of all bids received will be forwarded to the Agency
(3)-(4)
(No change.)
(5)
Sole source vendor purchases and situations when the
lowest bid is not accepted are discouraged. In rare instances when this type
of purchase is required, a waiver request, stating a justification, must be
submitted and signed by the voter registrar. If the item to be purchased is
greater than
$2,000
[
$,1000
], the waiver request must
also be signed by the person responsible for county purchases. Only when a
sole source vendor purchase or the acceptance of a bid higher than the lowest
bid is required by county guidelines may such purchases be paid for with Chapter
19 funds and then, only upon receipt of the waiver request described above.
§81.18.Approval Requirements for the Secretary Of State.
A Chapter 19 Purchase Voucher Form shall not be processed for payment
without the written approval of the Deputy Assistant Secretary of State for
Elections. Chapter 19 Purchase Voucher Forms in excess of $1,000 shall not
be processed for payment without the written approval of the Assistant Secretary
of State. Chapter 19 Purchase Voucher Forms in excess of
$10,000
[
$5,000
] shall not be processed for payment without the written
approval of the Secretary of State.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State, on
July 26, 1999.
TRD-9904495
Jeff Eubank
Assistant Secretary of State
Office of the Secretary of State
Earliest possible date of adoption: September 12, 1999
For further information, please call: (512) 463-5701