1. (a) The Model Election Services Contract (the "Model Contract") prescribed by the Secretary of State is adopted by reference. Copies of the Model Contract may be obtained from the Secretary of State.
2. (b) The county chair shall 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.)
3. (c) The county chair shall submit to the Secretary of State for approval any change to the Model Contract or any alternate contract that the chair desires to use. A contract submitted under this subsection must be signed by both parties, the county chair and county election official. Secretary of State approval of the contract is required only if the county chair requests not to accept the pre-populated agreement and submits a request for approval to process a primary cost estimated report.
4. (d) Prior to the time that the chair submits final payment, the county elections officer must submit an accounting of the actual costs incurred in the performance of the election-services contract.
5. (e) Prior to the final payment of 25% of primary funds, the county chair shall provide to the Secretary of State, along with the Final Cost Report, a detailed billing Report of Actual Primary and Runoff Contracted Expenses (RPRCE) form prescribed by the Secretary of State all actual costs incurred in the performance of the election-services contract.
6. (f) The Secretary of State 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.
7. (g) A contract may not allow for reimbursement for training of election workers or providing materials published by the Secretary of State.
8. (h) 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.
9. (i) A county-elections officer may not contract for the performance of any duty or service that he or she is statutorily obligated to perform.
10. (j) Costs associated with an election-services contract are not counted toward the administrative salary limits established under §81.123 of this title (relating to Administrative Personnel Limited).
11. (k) County officials who contract or conduct joint primaries must pay all bills for items they order on behalf of the parties, and seek reimbursements from the parties.

Source Note:The provisions of this §81.131 adopted to be effective November 18, 2003, 28 TexReg 10201; amended to be effective December 9, 2007, 32 TexReg 9105.