1 TAC §§81.11, 81.13 - 81.24, 81.27, 81.29
The Office of the Secretary of State proposes amendments
to §§81.11, 81.13 - 81.24, 81.27, and 81.29 concerning disbursement
of funds under the Texas Election Code, Chapter 19. These 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.
Ann McGeehan, Director of Elections, 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 the
amended sections.
Ms. McGeehan 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 the amended sections 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 the proposed amendments may be submitted not later than 12
noon, Friday, September 15, 2006, to the Office of the Secretary of State,
Shelia Latting, Manager of 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 the
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
2003
[
1986
] and Supplement
2004-2005
[
1995
]).
(3)
Chapter 19 funds--Funding available to a county voter registrar
pursuant to Texas Election Code Annotated, §19.002 (Vernon
2003
[
1986
] and Supplement
2004-2005
[
1995
]).
(4)
HAVA (Help America Vote Act)--42 U.S.C. §15301,
Texas Election Code Annotated, §31.010, §19.004(d) (Vernon 2003).
(5)
[
(4)
] Mileage Guide--Electronic Official
State Mileage Guide adopted by the [
State
] Comptroller
of
Public Accounts
.
(6)
[
(5)
] NVRA (National Voter Registration
Act)--
42 U.S.C. §1973 et seq., Texas Election Code Annotated, §19.004, §31.007
(Vernon 2003)
[
House Bill 127, Chapter 797, 74th Legislature, 1995
].
(7)
[
(6)
] Rule--A rule adopted under
Chapter 81 of the Texas Administrative Code.
(8)
[
(7)
] Section--A section of Texas
Election Code Annotated (Vernon
2003
[
1986
] and Supplemental
2004-2005
[
1995
]).
(9)
[
(8)
] Travel Guide--State of Texas
Travel Allowance Guide issued by the [
Texas State
] Comptroller
of Public Accounts
.
§81.13.Allowable Uses of Chapter 19 Funds.
Chapter 19 funds
which must comply with the criteria of "reasonable
and necessary", as established by Uniform Grant Management Standards (UGMS)
may be used to pay for
activity
[
any item or service
] designed to increase the number of registered voters in the state,
maintain and report an accurate list of the number of registered voters, and/or
increase the efficiency of the voter registration office
through the
use of technological equipment
. All Chapter 19 funding requests submitted
to the Agency must state which of these purposes the requested item(s) [
or service(s)
] will further. If there is a question regarding whether
an item or service is payable from Chapter 19 funds, a written request should
be submitted to the Agency detailing the estimated cost, projected payment
date, purpose of item or service[
,
] and how it relates to the aforesaid
purposes. The Agency will respond to this request in writing within 14 business
days.
§81.14.Normal Day-To-Day Operation--Defined.
Consistent with the intent of §81.12 of this title (relating to
Applicable Sections of the Texas Election Code)
Chapter 19
funds
may not be used to fund the normal day-to-day operation of the voter registrar's
office. The normal day-to-day operation of the voter registrar's office must
be funded by the Commissioners Court when adopting the budget for voter registration
in their county. "Normal day-to-day operation" that must be funded by the
county means any duty required to be performed by counties under the Texas
Election Code. Examples of such statutory duties include, but are not limited
to, the physical acceptance and processing of voter registration certificates
and renewals under Chapter 13, notices and corrections made under Chapter
15 and Chapter 16 and the processing and cost of supplying voter lists under §18.001.
Examples of
specific
items which are considered expenses incurred
in the normal day-to-day operation of voter registrars' offices and not payable
with Chapter 19 funds include, but are not limited to, office furniture, including
file cabinets, office supplies,
paper shredders,
equipment leases,
any phone line not dedicated to a computer modem, the repair and warranty
of office equipment, printing of voter registration cards, and normal postage
costs. The Agency has the sole authority to determine whether a requested
item or service is a day-to-day expense and thus not payable with Chapter
19 funds.
§81.15.Funding Period.
Chapter 19 funding requests [
for items and services
] must
be received within 30 days of the vendor's invoice date. Travel expense reimbursement
requests must be submitted within 30 days of the completion of travel. Temporary
employee funding requests may not cover longer than a 12 consecutive week
period and must be submitted within 30 days of the end of the subject work
period.
§81.16. Electronic Submission of Chapter 19 Purchase Request [ Voucher ] Required for Payment.
The Agency shall prescribe
an electronic web-based application
format for the submission of
[
a
] Chapter 19 Purchase
Request
[
Voucher Form
] for use by each county voter registrar.
In addition to any supporting documentation required by this chapter, the
voter registrar must submit
a signed facsimile or signed scanned image
of the supporting documentation to attach to the electronic submission
[
an originally and manually signed or a signed facsimile of the Chapter 19
Purchase Voucher Form for each payee
]. If a Chapter 19 Purchase
Request
[
Voucher Form
] is received by the Agency seeking
funding which is not allowable under the Texas Election Code, Chapter 19,
these rules, and Agency directives, the Agency shall so notify the voter registrar
in writing within 14 business days of receipt of such form. All
electronic
[
mailed
] requests must be
submitted through the designated
secured electronic web application provided for Chapter 19 purchases, located
at the Office of the Secretary of State web site
[
sent to: Office
of the Secretary of State, Attention: Elections Funds Management, P.O. Box
12060, Austin, Texas 78711-2060
]. Facsimile
supporting documentation
[
vouchers
] received after 5:00 p.m. will be considered to
be received on the next business day.
§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 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 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
as an attachment with the electronic submission.
In instances when the specifications on the lowest bid are unacceptable, a
signed letter by the voter registrar must accompany stating reason specifications
on the lowest bid does not meet your needs.
(3)
Any request for funding for a purchase of $10,000 or greater
must have received the prior written approval of the Agency. Upon receipt
of such approval, the voter registrar will advertise for bids in the manner
dictated by county regulations. Copies of all bids received will be forwarded
to the Agency
as an attachment with the electronic submission
.
(4)
If a purchase is handled by a county's purchasing department,
the voter registrar may use county purchasing guidelines instead of those
set by paragraphs (1) and (2) of this section. However, a copy of the bids,
if applicable per your county,
a copy of the county guidelines and signed
recommendation of the county purchasing department must be submitted with
the Chapter 19 Purchase
Request
[
Voucher Form
].
(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, 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
reimbursed
[
paid for
]
with Chapter 19 funds and then, only upon receipt of the waiver request described
herein
above.
§81.18.Approval Requirements for the Secretary of State.
A Chapter 19 Purchase
Request
[
Voucher Form
]
shall not be processed for payment without the written approval of the Director
of Elections. [
Chapter 19 Purchase Voucher Forms in excess of $1,000
shall not be processed for payment without the written approval of the Deputy
Secretary of State. Chapter 19 Purchase Voucher Forms in excess of $10,000
shall not be processed for payment without the written approval of the Secretary
of State.
]
§81.19.Method of Payment.
Except for travel advances provided by §81.23 of this title (relating
to Travel Using Chapter 19 Funds Authorized), all payments made from Chapter
19 funds will be
issued on a reimbursement basis,
[
made
]
only after the goods or services have been received. An invoice from the vendor
must be submitted with all Chapter 19 Purchase
Request
[
Voucher
Forms
]. The signed timesheet required by §81.22 of this title (relating
to Use of Chapter 19 Funds for Temporary Employees) will be considered a "vendor's
invoice" for purposes of this rule.
Payments
[
Warrants
]
issued by the State Comptroller of Public Accounts will be payable to the
county,
in the form of direct deposit to a separate bank account established
by the voter registrar
[
county employees for travel reimbursements,
or to third party vendors or providers of goods or services, as the case may
be
].
The county shall establish and maintain a bank account for
the sole purpose of depositing and expending Chapter 19 funds; any interest
earned in such an account becomes part of the Chapter 19 fund. The voter registrar
shall not commingle Chapter 19 funds with any other county fund or account.
The voter registrar shall complete bank reconciliations on a monthly basis.
Bank reconciliations are considered part of the Chapter 19 fund records and
must be available if requested to the Secretary of State for audit purposes.
Except for travel expenses authorized by §81.23 of this title
(relating to Travel Using Chapter 19 Funds Authorized), no cash payments may
be made from Chapter 19 funds. All disbursements
payments
of Chapter
19 funds must be made by check or
state
warrant
drawn on the
Chapter 19 prescribed bank account by this section.
§81.20.Ownership of Equipment Purchased with Chapter 19 Funds.
Items and equipment purchased with Chapter 19 funds are the property
of the county. The county is responsible for the maintenance and repair of
such items and equipment. If items or equipment that were
originally
purchased with Chapter 19 funds are no longer needed or useful for
voter registration purposes, the items or equipment may be transferred, with
the voter registrar's approval, to other county uses. If the items or equipment
are no longer needed by the county, they may be disposed of in the manner
set by county guidelines. Proceeds received from the sale of items or equipment
purchased with Chapter 19 funds may be used only for voter registration purposes
in a manner consistent with these rules.
§81.21.The Voter Registrar is [ Agency ] Required to Print Semi-annual [ To Mail Semiannual ] Reports.
The County will be provided with reporting capabilities to access,
process and print reports semi-annually for each voter registrar and
[
The Agency will submit semiannual reports to each voter registrar and to
]
each county financial officer reflecting the activity and available balances
in each county's Chapter 19 fund account. The voter registrar will promptly
notify the Agency if discrepancies are noted between the records of the voter
registrar and such semiannual report.
§81.22.Use of Chapter 19 Funds for Temporary Employees.
The Commissioners Court must budget for the adequate staffing of the
voter registrar's office. In those instances when an unpredicted and unpredictable
workload cannot be handled by the permanent voter registration staff, the
Agency may approve, on a case-by-case basis, the use of Chapter 19 funds for
the employment of temporary personnel in the voter registration office. In
order to receive
reimbursement through
Chapter 19
funds
[
funding
] for
temporary staff
[
this purpose
], the
voter registrar must submit an
electronic transmission of the Chapter
19 Request, with attached
[
originally and manually signed Chapter
19 Purchase Voucher Form,
] timesheet signed by both the temporary employee
and his/her supervisor
. A prior approved
[
, and a
] description
of duties performed by the temporary employee(s)
must be on file with
the Office of the Secretary of State
. These temporary personnel may
be used only for special projects related to voter registration and not for
the replacement of permanent full-time or part-time employees. Permanent full-time
and part-time county employees may not be compensated with Chapter 19 funds.
The voter registrar may have Chapter 19 funded temporary staffing a maximum
of any 26 weeks out of the 52-week state fiscal year (September 1 through
August 31). For example, if Employee A works one week and Employee B works
the next week, the county is allowed only 24 more weeks of Chapter 19 funded
temporary personnel. However, if the county employs 15 temporaries in the
same week, this would count as only one week of the 26-week allowance. For
tracking purposes, working one day of one week counts the same as working
an entire week. For example, if Employee C works Monday only, it will count
as one week of the 26-week Chapter 19 allowance. The Agency does not issue
tax forms to temporary employees funded with Chapter 19 funds. For this reason,
the Agency recommends that temporary employment agencies be used if available.
The voter registrar should discuss the tax implications of using temporary
personnel with the county auditor. The fee or rate of pay to be paid to temporary
employees must reflect the fee or rate prevailing in the locale for the same
or similar services. Work related injuries to temporary personnel hired with
Chapter 19 funds are not the liability of the Agency.
§81.23.Travel Using Chapter 19 Funds Authorized.
(a)
Chapter 19 funds may be used to pay travel expenses incurred
by the voter registrar and [
permanent
] full-time
permanent
voter registration staffers to attend voter registration seminars and
demonstrations. Chapter 19 funds cannot be used to reimburse fully a trip
by the voter registrar, unless the purpose of the trip is exclusively related
to voter registration. If a voter registrar wishes to travel to a seminar
or meeting
in
[
of
] which voter registration is not the
only topic, the Agency will determine the appropriate portion of the trip
expenses that
are
[
is
] reimbursable pursuant to Chapter
19 and reimburse the registrar accordingly.
(b)
All voter registrars who seek reimbursement from Chapter
19 funds should plan their travel to achieve maximum economy and efficiency.
A comparison should be made between different modes of travel for the lowest
and most economical option.
All trips which include reimbursable travel
must receive prior written approval from the Agency.
An electronic travel
request through the web-based application must state the purpose of the trip,
itinerary, mode of transportation, and estimated expenses.
[
A written
travel request must state the purpose of the trip, itinerary, mode of transportation
and estimated expenses.
] A Chapter 19
Electronic
Travel
Request
[
Form
], prescribed by the Agency, and Chapter 19
Purchase
Request
[
Voucher Form
] must be submitted for
each traveler within 30 days of the completion of travel. Travel reimbursement
requests must include
attached
receipts for airfare, rental cars,
lodging, seminar registration fees, and miscellaneous expenses.
Chapter
19 funds will not cover expenses for valet parking or alcohol.
Travel
advances will be approved, if at all, on a case-by-case basis. Travel advance
funding will not be made for meals
, hotel taxes
or miscellaneous
expenses. Travel advance requests must
be submitted through the web-based
application in the form of a travel request and
include a Chapter 19
Purchase Request
[
Travel Form and Chapter 19 Purchase Voucher Form
] for each traveler. No further Chapter 19 Purchase
Request
[
Voucher Forms
] will be processed until the final accounting of any advanced
travel is received.
(c)
Chapter 19 travelers must obtain the lowest cost airfare.
Under no circumstances will the amount of a first class ticket be paid with
Chapter 19 funds. Voter registrars are to share rental cars whenever practicable.
The Agency must give prior approval for the use of a rental car and the voter
registrar must make a proper deduction or reimbursement whenever there is
personal use of a rental car. The rental of luxury cars will be disallowed,
except in special circumstances requiring the use of large cars, i.e., several
employees traveling together. Travel by personal car is reimbursable at the
rate set in the
State of Texas
Travel
Allowance
Guide
(the "Guide")
per mile with mileage computed using the originating county
seat as the departure point and computing final mileage using the
Official
State
Mileage Guide.
Travel by personal car is reimbursable as
long as it is less than airfare to the same destination.
If more than
one person is traveling to the same destination by personally owned automobile,
the travelers are to ride together in a single automobile if practicable.
(d)
Voter registrars who seek reimbursement from Chapter 19
funds for a trip with a final destination within Texas will receive the actual
cost of lodging and meals, but such rates may not exceed the rates set by
the [
Travel
] Guide. Voter registrars who seek reimbursement from
Chapter 19 funds for a trip with a final destination outside Texas will receive
the actual cost of lodging and meals not to exceed the out-of-state meals
and lodging rates set by the
Comptroller of Public Accounts
[
Travel Guide
] for that location. The out-of-state rate for a city is
available from the [
State
] Comptroller of Public Accounts or the
Agency. The voter registrar must be away from his or her home county for at
least six consecutive hours to qualify for the partial per diem allowed by
the Guide. When requesting Chapter 19 reimbursement, the voter registrar must
submit receipts for lodging, airfare, and miscellaneous expenses with the
electronic submission of the
Chapter 19 Purchase [
Voucher Form
] and [
Chapter 19
] Travel
Request
[
Form
].
Amounts in excess of the maximum amounts allowed by the Travel Guide will
not be reimbursed. A Meal Itemization Worksheet, prescribed by the Agency,
must be
entered
[
completed
] showing actual costs of
meals and signed by each traveler requesting reimbursement
as an attachment
to your electronic submission
. Receipts for such meal costs are not
required to be attached.
Texas Government Code, §2113.101
[
The State Appropriations Act, General Act, 73rd Legislature, Regular Session,
Chapter 1051, Article V, §13(12), 1993 Texas Session Law Serv. 4251,
5340 (Vernon)
], prohibits reimbursement for the purchase of alcoholic
beverages, gratuities, and tips.
§81.24.Membership Dues Detailed.
Membership dues to groups or associations are payable with Chapter
19 funds only if voter registration
and/or election administration
is
the [
sole or primary
] purpose of the group or association.
§81.27.Electronic Office Equipment Purchases Encouraged.
Chapter 19 funds may be used for the purchase of electronic office
equipment. Examples of "electronic office equipment" include, but are not
limited to, copiers, fax machines, optical imaging systems
, electronic
retriever file systems
and typewriters. Office furniture is required
for the normal day-to-day operation of the voter registrar's office
,
and[
,
] accordingly, is not payable with Chapter 19 funds.
Examples of such office furniture include, but are not limited to, desks,
chairs and file cabinets. Pursuant to §81.20 of this title (relating
to Ownership of Equipment Purchased with Chapter 19 Funds), the upkeep and
maintenance of items purchased with Chapter 19 funds is the responsibility
of the county. Pursuant to §81.12 of this title (relating to Applicable
Sections of the Texas Election Code), the voter registrar must prorate the
cost between the county and Chapter 19 funds if the purchased item is not
entirely related to voter registration.
§81.29.Adherence to Rules Required.
Failure to adhere to these rules may result in the denial of
reimbursement
[
funding
] from Chapter 19 funds.
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 August 7, 2006.
TRD-200604045
Ann McGeehan
Director of Elections
Office of the Secretary of State
Earliest possible date of adoption: September 17, 2006
For further information, please call: (512) 463-9871