HB677

Regular Session

Relating to the restrictions on political activities of a county elections administrator.

LowStandard timeline

Low Cost

Effective:2025-06-20

Enforcing Agencies

County Election Commissions

Compliance Analysis

Key implementation requirements and action items for compliance with this legislation

Implementation Timeline

Effective Date: September 1, 2025 (Note: Disregard automated summaries listing June; Section 3 of the bill controls).
Compliance Deadline: September 1, 2025. Any CEA appointed on or after this date is subject to the new restrictions immediately.
Agency Rulemaking: No statutory requirement for agency rulemaking. However, we anticipate the Secretary of State or Attorney General will eventually issue opinions defining the scope of "appointed position."

Immediate Action Plan

1. Audit Recruitment Pipelines: Immediately review all CEA candidates currently in the hiring queue for start dates post-September 1, 2025.
2. Update Vetting Forms: Add the specific question regarding "appointments by elected officials" to all relevant background check documents.
3. Advisory Notice: Government Affairs teams must be instructed *never* to recommend a sitting CEA for a political appointment, as this will legally terminate the CEA's employment.
4. Review Insurance: Notify liability carriers (E&O/D&O) of the "automatic vacation" provision to ensure coverage gaps do not exist for acts taken by an administrator who unknowingly vacated their seat.

Operational Changes Required

Contracts

Employment Agreements: Contracts for new CEAs must include a specific "Termination by Operation of Law" clause citing Texas Election Code § 31.035(a). This protects the county from wrongful termination suits when the statute triggers automatic vacation.
Vendor Agreements: Vendors contracting directly with county election departments should add a representation warranty confirming the signatory (the CEA) has not triggered an automatic vacation of office.

Hiring/Training

Executive Search Protocols: Firms recruiting for CEA roles must update vetting questionnaires. You must ask: *"Do you currently hold any position, paid or unpaid, appointed by an elected official?"*
Onboarding: New hires must sign an affidavit prior to their start date confirming resignation from any prohibited appointments.

Reporting & Record-Keeping

Annual Certification: Implement an internal compliance form where the CEA certifies annually that they have not accepted new appointments from elected officials.
Resignation Documentation: Proof of resignation from prior appointed boards (e.g., municipal planning commissions, state advisory boards) must be filed in the personnel record before the employment effective date.

Fees & Costs

No new statutory fees.
Potential Cost: Litigation costs regarding severance payouts if "automatic vacation" is contested.

Strategic Ambiguities & Considerations

The statute prohibits holding a "position appointed by an elected official" but fails to define "position."

The Risk: It is unclear if this includes unpaid, volunteer, or ministerial roles (e.g., Notary Public, volunteer task force member).
The Warning: Until the Attorney General issues a clarifying opinion, assume all appointments—paid, volunteer, or honorary—are prohibited. A "strict reading" suggests even a benign appointment could trigger automatic job loss.

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Legislative Timeline

This bill's path through the Texas Legislature

TopicsElections Elections--administration Elections--election Officers Elections--general

Official Analysis

View HRO Analysis View All Bill Documents

BILL ANALYSIS

H.B. 677

By: DeAyala

Elections

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Current statute prohibits county elections administrators from being a candidate for public office or for an office of a political party, as well as from holding a public office or position within a political party. However, a county elections administrator may still be elevated to an office appointed by an elected official, which, as the bill author informed the committee, could create conflicts of interest, undermine public trust in election integrity, and blur the lines between nonpartisan election administration and political influence. H.B. 677 seeks to prevent conflicts of interest and maintain impartiality of election administration by prohibiting a county elections administrator from holding an office or position appointed by an elected official.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 677 amends the Election Code to prohibit a county elections administrator from holding another office or position appointed by an elected official.

H.B. 677 applies only to the appointment of a county elections administrator that occurs on or after the bill's effective date. A person who is serving as county elections administrator immediately before that date is governed by the law as it existed immediately before the bill's effective date, and that law is continued in effect for that purpose.

EFFECTIVE DATE

September 1, 2025.

House Authors

Rep. Mano DeAyalaRepublican · Primary Author

Joint Authors

Giovanni Capriglione (R)

Senate Sponsor

Sen. Paul BettencourtRepublican · Primary Sponsor

Bill Text(with markup)

H.B. No. 677

View bill text in multiple formats on Texas Legislature website

Fiscal NoteView Original

	AN ACT
	relating to the restrictions on political activities of a county
	elections administrator.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Section 31.035(a), Election Code, is amended to
	read as follows:
	(a) A county elections administrator may not be a candidate
	for a public office or an office of a political party, hold a public
	office, [or] hold an office of or position in a political party, or
	hold another office or position appointed by an elected official.
	At the time an administrator becomes a candidate or accepts an
	office or position in violation of this subsection, the
	administrator vacates the position of administrator.
	SECTION 2. Section 31.035(a), Election Code, as amended by
	this Act, applies only to the appointment of a county elections
	administrator that occurs on or after the effective date of this
	Act. A person who is serving as county elections administrator
	immediately before the effective date of this Act is governed by the
	law as it existed immediately before the effective date of this Act,
	and that law is continued in effect for that purpose.
	SECTION 3. This Act takes effect September 1, 2025.

LEGISLATIVE BUDGET BOARD
Austin, Texas

FISCAL NOTE, 89TH LEGISLATIVE REGULAR SESSION


March 10, 2025

TO:	Honorable Matt Shaheen, Chair, House Committee on Elections

FROM:	Jerry McGinty, Director, Legislative Budget Board

IN RE:	HB677 by DeAyala (Relating to the restrictions on political activities of a county elections administrator.), As Introduced

No fiscal implication to the State is anticipated.

Local Government Impact

No significant fiscal implication to units of local government is anticipated.

Source Agencies:

LBB Staff:

JMc, FV, BC, CWi

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Frequently Asked Questions

Common questions about HB677

What does Texas HB677 do?

HB677 creates a "poison pill" for County Elections Administrators (CEAs), mandating the automatic vacation of office if a CEA holds or accepts any position appointed by an elected official. While this directly regulates public officials, it creates immediate operational risks for executive search firms, government affairs entities, and vendors whose contracts depend on the valid authority of a sitting administrator. Implementation Timeline Effective Date: September 1, 2025 (Note: Disregard automated summaries listing June; Section 3 of the bill controls).

Who authored HB677?

HB677 was authored by Texas Representative Mano DeAyala during the Regular Session.

When was HB677 signed into law?

HB677 was signed into law by Governor Greg Abbott on June 20, 2025.

Which agencies enforce HB677?

HB677 is enforced by County Election Commissions.

How urgent is compliance with HB677?

The compliance urgency for HB677 is rated as "low". Businesses and organizations should review the requirements and timeline to ensure timely compliance.

What is the cost impact of HB677?

The cost impact of HB677 is estimated as "low". This may vary based on industry and implementation requirements.

What topics does HB677 address?

HB677 addresses topics including elections, elections--administration, elections--election officers and elections--general.

Legislative data provided by LegiScanLast updated: November 25, 2025

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