Article Contents
Overview
The Secretary of State of Texas is the state official responsible for overseeing elections, maintaining certain official records and commercial records, and publishing government rules.
The Texas Secretary of State is one of six officers designed by the state constitution to head the Executive Department of the state — the other five being the governor, lieutenant governor, comptroller of public accounts, land commissioner, and attorney general.
The Secretary of State is the only one of these six who is not elected but instead is appointed by the governor, “with the advice and consent of the Senate.” The term of a Secretary of State lasts for as long as the term of service of the governor.
The office goes back to the time of the original Texas Republic. The founder of the Austin colony, Stephen F. Austin, served as the first Secretary of State.
Current Texas Secretary of State
The current Secretary of State is Jane Nelson, who was appointed on January 5, 2023. Nelson formerly served two terms on the State Board of Education and 30 years as a State Senator representing North Texas.
Nelson was the chair of the Senate Finance Committee for four sessions. and a member of the Senate State Affairs Committee, which oversees election policy, for eight sessions.
Role in Elections Administration
The Secretary serves as the chief election officer for Texas. In this role, she is responsible for ensuring the fairness of elections throughout the state and supporting county election officials.
The Secretary of State’s Elections Division carries out this work, administering the laws governing elections in Texas and maintaining the voter registration records of millions of voters.
In presidential election years, the Secretary of State presides over the meeting of electors who cast their votes for U.S. President and Vice President. This is a purely ceremonial function.
Maintenance of Business Records
The Secretary of State’s Business and Public Filings Division keeps an archive of commercial records, such as certificates of formation for corporations, limited liability companies, nonprofit organizations, and other types of organization.
Publisher of Laws and Regulations
The Secretary of State also publishes the Texas Register, a weekly administrative law journal that contains official state rules, meetings, opinions and proclamations.
This is a constitutional duty established by Article 4, Section 21 of the Texas Constitution, which says that the Secretary of State “shall authenticate the publication of the laws, and keep a fair register of all official acts and proceedings of the Governor…”
Additionally, the Secretary of State publishes the Texas Administrative Code, a compilation of agency regulations.
Diplomatic and Protocol Functions
The Texas Secretary of State represents the State of Texas at meetings and events with members of the international diplomatic corps. She serves as an advisor and liaison to the governor for Mexican Affairs, and serves as chief international protocol officer for Texas.
The Secretary of State chairs the Border Trade Advisory Committee, which coordinates efforts to improve infrastructure and processes at ports of entry.
The Secretary of State serves in a ceremonial role when state officers take the oath of office. As required by Article 16 of the Texas Constitution, she receives and keeps a file of sworn oaths of affirmation from legislators and other elected officers, who must promise to protect and defend the state constitution and the U.S. constitution.
The Secretary of State is also the keeper of the state seal and attestor to the governor’s signature on official documents.
Finally, the Secretary of State authenticates documents for foreign use and issues ‘apostilles,’ which are a kind of certificate issued in accordance with the 1961 Hague Convention, a treaty that deals with authenticating public documents like birth certificate for use in foreign countries.
