(a) A political subdivision other than a county may contract to acquire the equipment necessary for operating a voting system as provided by this section.
(b) A political subdivision may lease the equipment from a county in which the political subdivision is wholly or partly situated. If the desired equipment is not available from the county, the political subdivision may acquire it by purchase, lease, or other means from any other source.

Terms Used In Texas Election Code 123.032

  • Contract: A legal written agreement that becomes binding when signed.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Political subdivision: means a county, city, or school district or any other governmental entity that:
    (A) embraces a geographic area with a defined boundary;
    (B) exists for the purpose of discharging functions of government; and
    (C) possesses authority for subordinate self-government through officers selected by it. See Texas Election Code 1.005

(c) If a political subdivision desires to lease equipment owned by a county in which the political subdivision is wholly or partly situated, the county shall lease the equipment to the political subdivision under the terms agreed to by the parties, except that the county’s duty to lease the equipment is subject to reasonable restrictions and conditions imposed by the commissioners court to:
(1) ensure availability of the equipment in elections for which the commissioners court adopted the voting system; and
(2) protect the equipment from misuse or damage.
(d) The maximum amount that a county in which a political subdivision is wholly or partly situated may charge the political subdivision for leasing county-owned equipment is 10 percent of the purchase price of the equipment for each day the equipment is leased.

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