Tex. Election Code Section 31.044
Division of Certain Duties Between County Clerk and Administrator


(a)

With respect to meetings of the commissioners court, including meetings at which the only business conducted pertains to elections, the county clerk shall perform the clerk’s regularly prescribed duties in giving notice of and preparing the agenda for the meetings, attending the meetings and making a record of the proceedings, preparing and maintaining the minutes of the court, and filing and preserving copies of the court’s orders, except as provided by Subsection (b). The county elections administrator shall cooperate with the county clerk in supplying information on election matters that are to be brought before the court and shall attend or be represented at the meetings of the court at which election matters are considered. The county clerk shall furnish the administrator with a copy of each order of the court that pertains to or affects an election, and the administrator shall maintain the copies on file.

(b)

The administrator is responsible for providing the clerical assistance needed by the commissioners court in canvassing precinct election returns. The administrator shall maintain the official file of the court’s tabulation of election results, and the county clerk need not maintain a file of copies of the tabulations.

(c)

In an election on a measure in which the commissioners court is the final canvassing authority, if a statute requires the county clerk to record an order of the court in its minutes declaring whether the measure carried or failed, the county clerk shall perform that duty. A copy of the order shall also be filed in the office of the administrator. If a statute requires the county clerk to certify the result of the election to some other authority, the clerk shall perform that duty.

(d)

If a statute provides for the ordering of an election on a measure by the commissioners court, the county judge, or another county authority on submission of a petition requesting the election, the administrator shall perform the duties that the statute places on the county clerk in connection with filing the petition, determining its validity, and any other matters preceding the ordering of the election.

(e)

If a statute prescribing the procedure for creating a political subdivision provides for the ordering of an election by a county authority as a step in the creation process, the administrator shall perform the duties that the statute places on the county clerk in connection with matters preceding the entry of the order on whether the election will be ordered, including the filing of a petition for the creation, the holding of any hearing on the proposal, the filing of any report or other document that is a step in the procedure, and the taking of any appeal from the order on whether the election is to be ordered. If the holding of an election ordered by a county authority is not one of the steps in the creation process, the county clerk shall perform the duties placed on that officer in connection with the creation of a political subdivision.

(f)

If a statute provides that the return of an election notice for an election ordered by a county authority is to be recorded in the minutes of the commissioners court, the return shall be filed in the office of the administrator.

(g)

The county clerk is the proper officer to receive and post copies of proposed constitutional amendments under Article XVII, Section 1, of the Texas Constitution. However, the secretary of state shall also send a copy of each proposed amendment to the administrator for the administrator’s information.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended by Acts 1997, 75th Leg., ch. 864, Sec. 18, eff. Sept. 1, 1997.

Source: Section 31.044 — Division of Certain Duties Between County Clerk and Administrator, https://statutes.­capitol.­texas.­gov/Docs/EL/htm/EL.­31.­htm#31.­044 (accessed Mar. 23, 2024).

31.001
Chief Election Officer
31.002
Official Forms
31.003
Uniformity
31.004
Assistance and Advice
31.005
Protection of Voting Rights
31.006
Referral to Attorney General
31.007
Suspension of Provisions Implementing National Voter Registration Act
31.008
Collection of Information: Forum on Election Cost Savings
31.009
Distribution of Certain Funds
31.010
Implementation of Federal Help America Vote Act
31.011
Election Improvement Fund
31.012
Voter Education
31.013
Mobile Locations for Obtaining Identification
31.014
Certification of Electronic Devices to Accept Voters
31.016
Voting Information on Secretary of State’s Website
31.017
Implementation of Administrative Oversight of County Election
31.018
Notice of Complaint
31.019
Investigation of Complaint
31.020
County Election Office Oversight by Secretary
31.0021
Certain Official Forms: Inclusion of Nepotism Information
31.021
Removal or Termination of County Election Official After Administrative Oversight
31.022
Rules
31.031
Creation of Position
31.032
Appointment of Administrator
31.033
Commission Meetings
31.034
Eligibility
31.035
Restrictions on Political Activities
31.036
Resignation
31.037
Suspension or Termination of Employment
31.038
Filling Vacancy
31.039
Salary
31.040
Bond
31.041
Seal
31.042
Transfer of Records
31.043
Duties of Administrator Generally
31.044
Division of Certain Duties Between County Clerk and Administrator
31.045
Classification of Duties by Secretary of State
31.046
Misdirection of Document
31.047
Action by Wrong Officer
31.048
Abolishing Position
31.049
Criminal Penalties
31.050
Abolishment of Position and Transfer of Duties in Certain Counties
31.0055
Voting Rights Hotline
31.071
Transfer of Duties
31.072
Applicability of Other Sections
31.073
Transfer of Records
31.074
Appropriation by Commissioners Court
31.075
Guidelines
31.076
Rescission of Transfer Order
31.091
Definitions
31.092
Contract for Election Services Authorized
31.093
Duty to Contract
31.094
Services Performable Under Contract
31.095
Delegation to Deputies
31.096
Nontransferable Functions
31.097
Early Voting
31.098
Payment of Election Expenses
31.099
Filing Copies of Contract
31.100
Disposition of Contract Money
31.121
Presiding Officer Failing to Act
31.122
Office Hours of Election Authority During Election Period
31.123
Appointment of Agent During Election Period
31.124
Provision of Notice to County Chairs by Election Authority
31.125
County Website
31.126
Prohibited Contributions
31.127
Training
31.128
Restriction on Eligibility
31.129
Civil Penalty
31.130
Suit Against Election Officer
31.151
Definition
31.152
Creation of Position
31.153
Joint Elections Commission
31.154
Appointment of Joint Elections Administrator
31.155
Commission Meetings
31.156
Eligibility
31.157
Resignation
31.158
Termination of Employment
31.159
Filling Vacancy
31.160
Salary
31.161
Bond
31.162
Seal
31.163
Transfer of Records
31.164
Duties of Administrator Generally
31.165
Division of Certain Duties Between Officer and Administrator
31.166
Classification of Duties by Secretary of State
31.167
Misdirection of Document
31.168
Action by Wrong Officer
31.169
Addition or Withdrawal of Political Subdivisions
31.170
Abolishing Position
31.171
Criminal Penalties
31.0925
Request for Services Required

Accessed:
Mar. 23, 2024

§ 31.044’s source at texas​.gov