By Staples                                             S.B. No. 418
         77R4896 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 32.033, Election Code, is amended by
 1-6     amending Subsection (a) and adding Subsection (d) to read as
 1-7     follows:
 1-8           (a)  Except as provided by Subsection (d), the [The]
 1-9     authority that appoints the election judges shall prescribe the
1-10     maximum number of clerks that each presiding judge may appoint for
1-11     each election.  The authority may prescribe different maximums for
1-12     different types of elections.
1-13           (d)  A presiding judge may appoint no more than two student
1-14     election clerks for each election.
1-15           SECTION 2. Section 32.051(c), Election Code, is amended to
1-16     read as follows:
1-17           (c)  Except as provided by Section 32.0511, to [To] be
1-18     eligible to serve as a clerk of an election precinct, a person must
1-19     be a qualified voter:
1-20                 (1)  of the county, in a countywide election ordered by
1-21     the governor or a county authority or in a primary election;
1-22                 (2)  of the part of the county in which the election is
1-23     held, for an election ordered by the governor or a county authority
1-24     that does not cover the entire county of the person's residence; or
 2-1                 (3)  of the political subdivision, in an election
 2-2     ordered by an authority of a political subdivision other than a
 2-3     county.
 2-4           SECTION 3. Subchapter C, Chapter 32, Election Code, is
 2-5     amended by adding Section 32.0511 to read as follows:
 2-6           Sec. 32.0511.  SPECIAL ELIGIBILITY REQUIREMENTS:  STUDENT
 2-7     ELECTION CLERKS. (a)  In this section:
 2-8                 (1)  "Educational institution" means a:
 2-9                       (A)  public secondary school; or
2-10                       (B)  private or parochial secondary school that
2-11     is accredited by an accreditation body that is a member of the
2-12     Texas Private School Accreditation Commission.
2-13                 (2)  "Student" means a person enrolled in an
2-14     educational institution or a home-schooled student.
2-15           (b)  A student who is ineligible to serve as a clerk of an
2-16     election precinct under Section 32.051(c) is eligible to serve as a
2-17     clerk of an election precinct under this section if the student:
2-18                 (1)  at the time of appointment as an election clerk:
2-19                       (A)  is a student in good standing at an
2-20     educational institution or attends a home school that meets the
2-21     requirements of Section 25.086(a)(1), Education Code;
2-22                       (B)  has the equivalent of at least a 2.5 grade
2-23     point average on a 4.0 grade point average scale; and
2-24                       (C)  has the consent of:
2-25                             (i)  the principal of the educational
2-26     institution attended by the student; or
2-27                             (ii)  in the case of a home-schooled
 3-1     student, a parent or legal guardian who is responsible for the
 3-2     student's education; and
 3-3                 (2)  at the time of service as an election clerk:
 3-4                       (A)  is 16 years of age or older; and
 3-5                       (B)  is a United States citizen.
 3-6           SECTION 4. Section 32.072(a), Election Code, is amended to
 3-7     read as follows:
 3-8           (a)  The presiding judge shall designate the working hours of
 3-9     and assign the duties to be performed by the election clerks
3-10     serving under the judge.  The presiding judge may not assign a
3-11     student election clerk to a counting team for the purpose of
3-12     tallying votes.
3-13           SECTION 5. This Act takes effect September 1, 2001.