Texas Administrative Code

(a) The following procedure to count ballots before election day that were voted by mail or early in person may be used if the following conditions in paragraphs (1) - (7) of this subsection are met: (1) the election is conducted by the county elections officer; (2) the election …

(a) General provisions (1) For general elections for state and county officers, the early voting ballot board shall reconvene on the 6th day after the election to count any late ballots received in accordance with the Texas Election Code, §86.007. For all other elections, the ear…

(a) Definitions. For purposes of this section, the following words and phrases have the following meanings: (1) Protected applicant--A certified participant or an eligible spouse or dependent of a certified participant in an address confidentiality program administered by the Off…

(a) Authorization for e-mailing of unmarked ballots to absent uniformed services voters, including their spouse and dependents (collectively "uniformed services voters"), absent from their county of residence and overseas voters in elections for federal office. (1) Pursuant to §5…

A volunteer deputy registrar shall deliver in person to the registrar each completed voter registration application submitted to the deputy for purposes of changing a voter's registration information or requesting a replacement certificate in accordance with the deadlines for del…

(a) Eligibility. Pursuant to §101.001 and §101.006 of the Texas Election Code, a person is eligible to submit a Federal Postcard Application (an "FPCA") as an application for permanent registration if: (1) the person is qualified to vote in this state or, if not registered to vot…

(a) Only voter registration agencies which require clients to update citizenship status at each renewal of service, change of address, or other contact may use the updated file information on citizenship to make determinations of eligibility under the Texas Election Code (the "Co…

A voter registrar who records voter registration data for storage purposes on optical disk or other computer storage medium, shall follow the procedures for such storage as set forth in the rules of the Texas State Library and Archives Commission under Title 13 Texas Administrati…

In primary elections where voting for precinct chairman is to be conducted on separate paper ballots pursuant to the Texas Election Code, §172.090, the form of the paper ballot used must conform to the requirements of the Texas Election Code, Chapter 52, for paper ballots. Where …

The Office of Secretary of State issues the following clarifications and adjustments to election procedures and deadlines pursuant to Act of May 31, 2011, 82nd Leg., R.S., Chapter 1318, §50. (1) Notwithstanding §41.001(c), Texas Election Code, upon the approval of the Office of t…

Optical scanner ballots may be divided into parts and printed upon two or more pages. When party columns appear on the ballot, there shall be printed at the head of the ballot the names of the parties and spaces for voting a straight party ticket, so that a voter may cast a strai…

(a) Before voting machines are delivered to polling places for use in an election, they must be inspected, and a written record made of the inspection, pursuant to the Texas Election Code, §125.031. (b) Other voting or tabulating equipment to be delivered to polling places must b…

The authority responsible for distributing election supplies for an election shall arrange for the delivery of voting systems equipment to the polling places. Delivery of such equipment must be made by such authority, by the presiding judge of the polling place, by the sheriff or…

Voting systems equipment shall be installed at the polling place in accordance with the instructions of the authority responsible for distributing election supplies for the election. During the absence of election officers or the custodian of the premises, polling places to which…

If irregularities are discovered in the seals or the serial numbers of containers of voted ballots received at the central counting station, pursuant to the Texas Election Code, §127.038(d) or §127.068(c), the presiding judge of the central counting station shall make and sign a …

A volunteer deputy registrar may not perform any official duties of the voter registrar, except as expressly authorized by law or by these sections.

(a) Budget and Appropriations. (1) The commission shall annually approve an operating budget for the operations of the commission. (2) The commission shall, on the schedule established by the legislature or such other times as shall be appropriate, approve a legislative appropria…

(a) Employees. (1) Full-time Employees. Eligibility for GBP health coverage for full-time employees begins on the first day of the calendar month following the employee's completion of the health insurance waiting period. If the employee described in paragraphs (A) or (B) does no…

(a) A respondent shall enter an appearance by filing a written answer or other pleading with the State Office of Administrative Hearings, with a copy to the Board, within 20 days of the date on which the notice of hearing and formal complaint was served. (b) A respondent's failur…

Where a program is prepared for the automatic tabulating equipment to be used for counting ballots at a central counting station, the program shall be used in the tests of such tabulating equipment provided for in the Texas Election Code, Chapter 127, Subchapter D. After the comp…

After the discovery of a malfunction in the tabulating equipment at a central counting station, which malfunction caused the results to be incorrect as provided for in the Texas Election Code, §127.129, the presiding judge of the central counting station shall follow the procedur…

(a) Where an electronic voting system that does not entail the counting of ballots at central locations established under the Texas Election Code, Chapter 127, Subchapter A, is to be used at an election, the election results shall be processed in accordance with this section. (b)…

A political subdivision may use more than one type of voting system in a single polling place in order to provide a person with physical disabilities with a method of casting a secret ballot.

(a) A voting system shall be accessible to voters with physical disabilities including no vision, low vision (visual acuity between 20/70 and 20/200, and/or 30 degree or greater visual-field loss), no hearing, low hearing, limited manual dexterity, limited reach, limited strength…

(a) Pursuant to §63.002(d), Election Code, a voter's signature may be captured by an electronic device for the signature roster. (b) An "Electronic Signature" is defined as a digitized image of a handwritten signature. An "Electronic Signature Device" is defined as a device that …

(a) Deceased Matching criteria. In accordance with provisions of Texas Election Code §18.068(b), information received under Texas Election Code §16.001, shall be matched against the voter registration rolls to identify Strong Match and Weak Match records based on the following cr…

(a) If a respondent fails to appear on the day and time set for the hearing, regardless of whether an appearance has been entered, the Administrative Law Judge, on the Board's motion and adequate proof of proper notice having been served on the respondent, shall enter a default j…

In addition to the procedures prescribed by the Texas Election Code, Chapter 122, compliance with the following procedures is required for certification of a voting system. (1) Application for Certification. (2) The entity applying for certification must deliver seven copies of t…

For any voting machine, voting device, voting tabulation device and any software used for each, including the programs and procedures for vote tabulation and testing, or any modification to any of the above, to be certified for use in Texas elections, the system shall have been c…

(a) For any Election Management System's central accumulator to be certified for use in Texas elections, the central accumulator shall include a real-time audit log. All significant election events and their date and time stamps shall be maintained in the audit log. (b) The defin…

(a) A vendor (or the political subdivision, if no private vendor supports their system) must give notice to the Secretary of State within 24 hours of a malfunction of its voting system software or equipment in an election held in this state. The notice may be verbal or in writing…

(a) A voting system vendor who wishes to request administrative certification of minor modifications to a previously certified voting system shall submit the request to the Secretary of State in writing. The request also may be submitted by e-mail. The submission must contain suf…

(a) The commission shall appoint an advisory committee to advise the commission on all matters relating to the construction, dedication, and maintenance of the monuments, markers or other commemorations, including: (1) site selection; (2) fund raising from public and private sour…

(a) Enrollment Categories. (1) Full-time employees and their dependents. (A) A new employee: (i) who is not subject to the health insurance waiting period and is eligible under the Act and as provided for in §81.5(a)(1) of this chapter (relating to Eligibility) for automatic insu…

(a) On the written request of any party, the executive director may issue a commission for a deposition or a subpoena to require the attendance of witnesses or the production of tangible items in a contested case. (b) If the commission or subpoena is for a witness to attend a dep…

(a) The directive for high school deputy registrars dated July 31, 1998 is adopted. Copies are available from the Secretary of State's Elections Division, P.O. Box 12887, Austin, Texas 78711. The Elections Division shall provide a copy of this directive to each high school deputy…

(a) The secretary of state has determined that a voting booth designed to be placed on a table top that meets or exceeds the following specifications may be used without individual approval by the secretary of state. (1) The booth must be constructed of opaque material and have t…

(a) When a voter offers to vote at a polling place using a form of identification described by §63.0101 of the Texas Election Code ("presented ID document") and the voter's name on the presented ID document does not match exactly the voter's name as it appears on the official lis…

(a) Eligibility for waiver. An eligible member may elect to waive GBP health coverage by the method and form specified by ERS: (1) during the initial period of eligibility; (2) after a qualifying life event; or (3) during annual enrollment. (b) Enrollment in GBP health coverage a…

(a) "Proof of citizenship" may take the form of a certified copy of the voter's passport, birth certificate, or certificate of naturalization papers. (b) If a voter fails to provide proof of citizenship within the required 30 days, the voter registrar shall promptly send the vote…

(a) Every hearing shall be recorded by a court reporter unless the parties agree otherwise and not required by the State Office of Administrative Hearings (SOAH) rules. (b) The party requesting a transcript shall pay the cost of the transcript. (c) A party who appeals a final Boa…

Where a county has created the position of elections administrator and a statute outside the Texas Election Code requires a duty or function to be performed by the county clerk, the county clerk shall perform such function or duty, unless the function or duty is related to electi…

(a) Grievance procedures regarding the denial of claims by administering firms for HealthSelect of Texas, Consumer Directed HealthSelect, State of Texas Vision and the Dental Choice Plans are set forth in the Master Benefit Plan Documents for those plans. Internal and external re…

(a) After the conclusion of the hearing, the Administrative Law Judge (ALJ) shall prepare and serve on the parties a proposal for decision (PFD) that includes the ALJ's findings of fact and conclusions of law. (b) In the PFD, the ALJ may recommend an appropriate disciplinary sanc…

(a) Definitions. The following terms, when used in this section, have the following meanings: (1) Commissioner--The Consumer Credit Commissioner of the State of Texas. (2) Criminal history record information--Has the meaning provided by Texas Government Code, §411.082(2). (3) OCC…

These rules are promulgated under the authority of the Texas Occupations Code Chapters 51, 1601 and 1603. Notes 16 Tex. Admin. Code § 82.1 The provisions of this §82.1 adopted to be effective December 8, 2005, 30 TexReg 8075

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) Act--The Texas Employees Group Benefits Act, Act of the 77th Legislature, 2001, as amended, Insurance Code, Chapter 1551. (2) Board--Th…