| (a) The SOS has prepared a Primary Election Services
Contract and a Joint Primary Election Service Contract (the "Model
Contract"). Copies of the appropriate Model Contract may be obtained
from the SOS.
(b) The county chair may use the Model Contract when
executing an agreement for election services between the county executive
committee and the county elections officer. (Contractible election
services are listed in Subchapter B of Chapter 31 of the Texas Election
Code.)
(c) The Model Contract may be revised as necessary
to accommodate the specific agreement between the county chair and
county election officer; however, activities not required by law are
not payable with primary funds. Accordingly, those activities should
be identified in the contract, including a stipulation as to whether
the county chair or the county election officer will be responsible
for the cost. Each contracting entity shall report the costs for which
it is responsible via the online primary finance system prescribed
by SOS. The entity that reports said expense(s) will receive direct
payment from SOS for those expense(s). Costs reported by the county
election officer qualify for the ten percent "general supervision
fee" authorized under §31.100 of the Texas Code. Expenses reported
by the county chair qualify for the county chair compensation (see
§81.119 of this chapter (relating to County Chair's Compensation)).
(d) The county election officer must submit to the
county chair an accounting of the actual costs incurred in the performance
of the election services contract. In addition, the county election
officer shall report the primary-eligible expenses to SOS via the
online primary finance system prescribed by SOS.
(e) The SOS may only pay actual costs incurred by the
county and payable under provisions of the Texas Election Code, an
election-services contract, or these administrative rules. Costs prohibited
by this chapter that appear in the election service contract are not
reimbursable with primary funds and must be articulated as such in
the contract. Counties may not charge a flat fee for services unless
the county can produce a methodology that demonstrates the fee is
equal to or less than the actual costs incurred by the county, except
when authorized by statute. Charges may be set at a rate of up to
ten (10) percent of the annual license and maintenance fees for the
software used to create the ballot style and program the electronic
voting equipment.
(f) Salaries of personnel regularly employed by the
county may not be paid from or reimbursed to the county from the primary
fund even if the employee used their vacation time to perform the
duties.
(g) A county election officer may not contract for
the performance of any duty or service that he or she is statutorily
obligated to perform.
(h) Section 31.100 of the Texas Election Code authorizes
the election officer to assess a "general supervision fee" of up to
10 percent against the amount of the contract. The general supervision
fee will not be applied to any services in which the county election
officer subcontracts with another vendor that assesses a surcharge
or administrative fee.
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| Source Note: The provisions of this §81.131 adopted to be effective December 13, 2009, 34 TexReg 8665; amended to be effective March 7, 2012, 37 TexReg 1483; amended to be effective January 9, 2014, 39 TexReg 209; amended to be effective November 9, 2015, 40 TexReg 7811; amended to be effective October 29, 2017, 42 TexReg 5853 |
