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Election Advisory No. 2021-09

To: County Chairs, County Election Officials, and County Judges
From: Keith Ingram, Director of Elections
Keith Ingram's signature
Date: July 30, 2021

RE:

2021 Legislative Summary – 87th Regular Session

Below is a brief summary of the major election-related legislation that passed during the Texas Legislature’s 87th Regular Session. We have also included a reminder of certain legislation passed in 2019 during the 86th Regular Session.

Bills Passed During the 2021 Regular Session

General Election-Related Changes

Effective Date: September 1, 2021
Statutes Affected: Election Code § 63.0101

Effective Date: September 1, 2021
Statutes Affected: Election Code § 276.014

Effective Date: September 1, 2021
Statutes Affected: Election Code §§ 61.001, 87.026, 127.008

Effective Date: September 1, 2021
Statutes Affected: Election Code § 16.001(a), (b)

NOTE: The mail ballot tracker will only be available for elections in which the county election officer is the early voting clerk.

Effective Date: January 1, 2022
Statutes Affected: Election Code § 86.015

Effective Date: September 1, 2021
Statutes Affected: Election Code § 87.121

Effective Date: September 1, 2021
Statutes Affected: Election Code § 123.0311

Effective Date: September 1, 2021
Statutes Affected: Election Code § 87.121

Effective Date: September 1, 2021
Statutes Affected: Election Code § 161.005

  Effective Date: September 1, 2021
Statutes Affected: Election Code § 31.126; Government Code § 405.005; Local Government Code § 81.032

Effective Date: September 1, 2021
Statutes Affected: Election Code §§ 82.002, 84.002

NOTE: This bill applies to candidate applications that are filed on or after September 1, 2021. Candidate application forms will be updated to reflect these changes that will go into effect September 1, 2021.

Effective Date: September 1, 2021
Statutes Affected: Election Code §§ 141.031, 141.039

Effective Date: September 1, 2021
Statutes Affected: Election Code § 31.126

Effective Date: Immediately
Statutes Affected: Election Code §§ 61.032, 61.033, 61.034, 61.035

Effective Date: September 1, 2021
Statutes Affected: Election Code §§ 127.301, 127.302, 127.303, 127.304, 127.305, 127.306, 129.003, 129.054

Effective Date: September 1, 2021
Statutes Affected: Election Code §§ 1.015, 15.051, 15.052, 15.053, 15.054

Effective Date: September 1, 2021
Statutes Affected: Election Code § 16.039

Effective Date: September 1, 2021
Statutes Affected: Election Code §§ 4.009, 65.016

Effective Date: Immediately
Statutes Affected: Election Code § 122.032

Effective Date: September 1, 2021
Statutes Affected: Election Code § 87.005

Effective Date: September 1, 2021
Statutes Affected: Election Code § 181.0311

Effective Date: Various
Statutes Affected: Various provisions of the Government Code

Effective Date:  Immediately
Statutes Affected: Government Code §§ 2058.001, 2058.002, 2058.0021

Effective Date: September 1, 2021

Changes Related to Voter Registration Confidentiality

Effective Date: September 1, 2021
Statutes Affected: Transportation Code § 521.1211

Effective Date: Immediately
Statutes Affected: Government Code §§ 552.117, 552.1175

Effective Date: Immediately
Statutes Affected: Government Code §§ 552.117, 552.1175

Effective Date: Immediately
Statutes Affected: Government Code §§ 552.003, 552.117, 552.1175

Effective Date: September 1, 2021
Statutes Affected: Election Code §§ 13.0021, 13.004, 15.0215, 254.0313;
Government Code § 552.117

Joint Resolutions Passed During the 2021 Regular Session

HJR 99 – “The constitutional amendment authorizing a county to finance the development or redevelopment of transportation or infrastructure in unproductive, underdeveloped, or blighted areas in the county.”

HJR 125 – “The constitutional amendment to allow the surviving spouse of a person who is disabled to receive a limitation on the school district ad valorem taxes on the spouse's residence homestead if the spouse is 55 years of age or older at the time of the person's death.”

HJR 143 – “The constitutional amendment authorizing the professional sports team charitable foundations of organizations sanctioned by the Professional Rodeo Cowboys Association or the Women’s Professional Rodeo Association to conduct charitable raffles at rodeo venues.”

HJR 165 – “The constitutional amendment providing additional powers to the State Commission on Judicial Conduct with respect to candidates for judicial office.”

SJR 19 – “The constitutional amendment establishing a right for residents of certain facilities to designate an essential caregiver for in-person visitation.”

SJR 27 – “The constitutional amendment to prohibit this state or a political subdivision of this state from prohibiting or limiting religious services of religious organizations.”

SJR 35 – “The constitutional amendment authorizing the legislature to provide for an exemption from ad valorem taxation of all or part of the market value of the residence homestead of the surviving spouse of a member of the armed services of the United States who is killed or fatally injured in the line of duty.”

SJR 47 – “The constitutional amendment changing the eligibility requirements for a justice of the supreme court, a judge of the court of criminal appeals, a justice of a court of appeals, and a district judge.”

Bills From the 2019 Legislative Session

Effective Date: September 1, 2021
Statutes Affected: Election Code §§ 501.001, 501.035; numerous other provisions in the Alcoholic Beverage Code, Health and Safety Code, Tax Code, Transportation Code, and Occupations Code.

KI:CA