1-1     By:  Staples                                           S.B. No. 418
 1-2           (In the Senate - Filed January 26, 2001; January 29, 2001,
 1-3     read first time and referred to Committee on State Affairs;
 1-4     February 14, 2001, reported favorably by the following vote:  Yeas
 1-5     8, Nays 1; February 14, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to authorizing the appointment of students to serve as
 1-9     election clerks.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1.  Section 32.033, Election Code, is amended by
1-12     amending Subsection (a) and adding Subsection (d) to read as
1-13     follows:
1-14           (a)  Except as provided by Subsection (d), the [The]
1-15     authority that appoints the election judges shall prescribe the
1-16     maximum number of clerks that each presiding judge may appoint for
1-17     each election.  The authority may prescribe different maximums for
1-18     different types of elections.
1-19           (d)  A presiding judge may appoint no more than two student
1-20     election clerks for each election.
1-21           SECTION 2.  Subsection (c), Section 32.051, Election Code, is
1-22     amended to read as follows:
1-23           (c)  Except as provided by Section 32.0511, to [To] be
1-24     eligible to serve as a clerk of an election precinct, a person must
1-25     be a qualified voter:
1-26                 (1)  of the county, in a countywide election ordered by
1-27     the governor or a county authority or in a primary election;
1-28                 (2)  of the part of the county in which the election is
1-29     held, for an election ordered by the governor or a county authority
1-30     that does not cover the entire county of the person's residence; or
1-31                 (3)  of the political subdivision, in an election
1-32     ordered by an authority of a political subdivision other than a
1-33     county.
1-34           SECTION 3.  Subchapter C, Chapter 32, Election Code, is
1-35     amended by adding Section 32.0511 to read as follows:
1-36           Sec. 32.0511.  SPECIAL ELIGIBILITY REQUIREMENTS:  STUDENT
1-37     ELECTION CLERKS.  (a)  In this section:
1-38                 (1)  "Educational institution" means a:
1-39                       (A)  public secondary school; or
1-40                       (B)  private or parochial secondary school that
1-41     is accredited by an accreditation body that is a member of the
1-42     Texas Private School Accreditation Commission.
1-43                 (2)  "Student" means a person enrolled in an
1-44     educational institution or a home-schooled student.
1-45           (b)  A student who is ineligible to serve as a clerk of an
1-46     election precinct under Section 32.051(c) is eligible to serve as a
1-47     clerk of an election precinct under this section if the student:
1-48                 (1)  at the time of appointment as an election clerk:
1-49                       (A)  is a student in good standing at an
1-50     educational institution or attends a home school that meets the
1-51     requirements of Section 25.086(a)(1), Education Code;
1-52                       (B)  has the equivalent of at least a 2.5 grade
1-53     point average on a 4.0 grade point average scale; and
1-54                       (C)  has the consent of:
1-55                             (i)  the principal of the educational
1-56     institution attended by the student; or
1-57                             (ii)  in the case of a home-schooled
1-58     student, a parent or legal guardian who is responsible for the
1-59     student's education; and
1-60                 (2)  at the time of service as an election clerk:
1-61                       (A)  is 16 years of age or older; and
1-62                       (B)  is a United States citizen.
1-63           SECTION 4.  Subsection (a), Section 32.072, Election Code, is
1-64     amended to read as follows:
 2-1           (a)  The presiding judge shall designate the working hours of
 2-2     and assign the duties to be performed by the election clerks
 2-3     serving under the judge.  The presiding judge may not assign a
 2-4     student election clerk to a counting team for the purpose of
 2-5     tallying votes.
 2-6           SECTION 5.  This Act takes effect September 1, 2001.
 2-7                                  * * * * *