By Danburg                                             H.B. No. 711
         77R893 PAM-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to authorizing the appointment of students to serve as
 1-3     election clerks.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Section 32.051(c), Election Code, is amended to
 1-6     read as follows:
 1-7           (c)  Except as provided by Section 32.0511, to [To] be
 1-8     eligible to serve as a clerk of an election precinct, a person must
 1-9     be a qualified voter:
1-10                 (1)  of the county, in a countywide election ordered by
1-11     the governor or a county authority or in a primary election;
1-12                 (2)  of the part of the county in which the election is
1-13     held, for an election ordered by the governor or a county authority
1-14     that does not cover the entire county of the person's residence; or
1-15                 (3)  of the political subdivision, in an election
1-16     ordered by an authority of a political subdivision other than a
1-17     county.
1-18           SECTION 2. Subchapter C, Chapter 32, Election Code, is
1-19     amended by adding Section 32.0511 to read as follows:
1-20           Sec. 32.0511.  SPECIAL ELIGIBILITY REQUIREMENTS:  STUDENT
1-21     ELECTION CLERKS. (a)  In this section:
1-22                 (1)  "Educational institution" means a:
1-23                       (A)  public secondary school; or
1-24                       (B)  private or parochial secondary school that
 2-1     is accredited by an accreditation body that is a member of the
 2-2     Texas Private School Accreditation Commission.
 2-3                 (2)  "Student" means a person enrolled in an
 2-4     educational institution or a home school student.
 2-5           (b)  A student who is ineligible to serve as a clerk of an
 2-6     election precinct under Section 32.051(c) is eligible to serve as a
 2-7     clerk of an election precinct under this section if the student:
 2-8                 (1)  at the time of appointment as an election clerk:
 2-9                       (A)  is a student in good standing at an
2-10     educational institution or attends a home school that meets the
2-11     requirements of Section 25.086(a)(1), Education Code;
2-12                       (B)  has the equivalent of  at least a 2.5 grade
2-13     point average on a 5.0 grade point average scale; and
2-14                       (C)  has the consent of:
2-15                             (i)  a parent or legal guardian of the
2-16     student; and
2-17                             (ii)  the principal of the educational
2-18     institution attended by the student, if applicable; and
2-19                 (2)  at the time of service as an election clerk:
2-20                       (A)  is 16 years of age or older; and
2-21                       (B)  is a United States citizen.
2-22           SECTION 3. Section 32.072(a), Election Code, is amended to
2-23     read as follows:
2-24           (a)  The presiding judge shall designate the working hours of
2-25     and assign the duties to be performed by the election clerks
2-26     serving under the judge.  The presiding judge may not assign a
2-27     student election clerk to a counting team for the purpose of
 3-1     tallying votes.
 3-2           SECTION 4. Section 32.091(a), Election Code, is amended to
 3-3     read as follows:
 3-4           (a)  An election judge or clerk, including a student election
 3-5     clerk, is entitled to compensation for services rendered at a
 3-6     precinct polling place at an hourly rate not to exceed $6. A judge
 3-7     or clerk may be compensated at that rate for services rendered
 3-8     under Section 62.014(c).
 3-9           SECTION 5. This Act takes effect September 1, 2001.