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Texas Election Code - Section 123.033. Acquisition Of Equipment By Political Party For Primary

Legal Research Home > Texas Laws > Election Code > Texas Election Code - Section 123.033. Acquisition Of Equipment By Political Party For Primary

§ 123.033. ACQUISITION OF EQUIPMENT BY POLITICAL PARTY 
FOR PRIMARY.  (a) A political party's county executive committee 
that desires to use a voting system for a primary election must 
acquire the equipment necessary for operating the voting system as 
provided by this section.
	(b)  The county executive committee may contract to lease the 
equipment from the county.  If the equipment desired is not 
available from the county, the county executive committee may 
contract to lease it from any other source.
	(c)  If the county executive committee desires to lease 
equipment owned by the county served by the committee, the county 
shall lease the equipment to the committee under the terms agreed to 
by the parties, except that the county's duty to lease the equipment 
is subject to reasonable restrictions and conditions imposed by the 
commissioners court to:
		(1)  ensure availability of the equipment in elections 
for which the commissioners court adopted the voting system;  and
		(2)  protect the equipment from misuse or damage.                             
	(d)  A county is not required to provide a political party's 
county executive committee with equipment for use in an election 
precinct in which fewer than 100 votes were cast in the political 
party's most recent general or runoff primary.
	(e)  The maximum amount that may be charged for leasing 
equipment to a county executive committee for a general or runoff 
primary is:
		(1)  $5 for each unit of electronic voting system 
equipment installed at a polling place;  and
		(2)  $5 for each unit of other equipment not specified 
by this subsection.  
	(f)  In addition to the amount a county may charge for 
leasing its equipment under Subsection (e), a county may charge a 
county executive committee for the actual expenses incurred by the 
county in:
		(1)  transporting the equipment to and from the polling 
places;             
		(2)  preparing the equipment for use in the primary 
election;  and          
		(3)  operating a central counting station for the 
primary election.         

Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.  Amended by 
Acts 2005, 79th Leg., ch. 1107, § 2.06, eff. Jan. 1, 2006.

Last modified: August 11, 2007