78R13110 DRH-F


By:  Burnam                                                       H.B. No. 2756

Substitute the following for H.B. No. 2756:                                   

By:  Denny                                                    C.S.H.B. No. 2756


A BILL TO BE ENTITLED
AN ACT
relating to the establishment of a standardized election training program, to compensation for the training of and for services rendered at a polling place by certain election officers, and for an increase in filing fees to aid in providing that program and compensation. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 32.091, Election Code, is amended by amending Subsection (a) and adding Subsection (c) to read as follows: (a) Except as provided by Subsection (c), an [An] election judge or clerk is entitled to compensation for services rendered at a precinct polling place at an hourly rate not to exceed the amount fixed by the appropriate authority, which amount must be at least the federal minimum hourly wage. A judge or clerk may be compensated at that rate for services rendered under Section 62.014(c). (c) For a primary or runoff primary election, the minimum hourly rate is the greater of the maximum rate provided by Subsection (a) or, if the election officer attended a training program as provided by Subchapter F, $7. SECTION 2. Section 32.111, Election Code, is amended to read as follows: Sec. 32.111. TRAINING STANDARDS FOR ELECTION JUDGES. (a) The secretary of state shall [governing body of a political subdivision that holds elections or the county executive committee of a political party that holds primary elections may]: (1) adopt [minimum] standards of training in election law and procedure for presiding or alternate election judges [serving in its elections]; [and] (2) develop materials for a standardized curriculum for that training; and (3) distribute the materials as necessary to the governing bodies of political subdivisions that hold elections and to each county executive committee of a political party that holds a primary election [require that a person meet those standards before appointment or service as a judge]. (b) The [Minimum] training standards may include required attendance at appropriate training programs or the passage of an examination at the end of a training program. SECTION 3. Section 32.112, Election Code, is amended to read as follows: Sec. 32.112. EXPENSE OF TRAINING JUDGES. The governing body of a political subdivision may appropriate funds to: (1) compensate its election judges, early voting clerk, and deputy early voting clerks in charge of early voting polling places for attending a training program required under Section 32.111 [programs], at an hourly rate not to exceed the maximum rate of compensation of an election judge for services rendered at a precinct polling place or, if applicable, for attending a training program under Section 32.114; and (2) pay the expenses of conducting the programs. SECTION 4. Sections 32.113(a) and (b), Election Code, are amended to read as follows: (a) The governing body of a political subdivision other than a county may, and the county executive committee of a political party shall, provide training [programs] for its election officers using the standardized training program and materials developed and provided by the secretary of state under Section 32.111. (b) A political subdivision or county executive committee may conduct its training [programs] independently or jointly with other entities. SECTION 5. Section 32.114, Election Code, is amended by amending Subsection (a) and adding Subsection (e) to read as follows: (a) The county clerk shall provide one or more sessions of [a] training using the standardized training program and materials developed and provided by the secretary of state under Section 32.111 [program] for the election judges and clerks appointed to serve in elections ordered by the governor or a county authority. Each election judge shall complete the training program. (e) An election judge, early voting clerk, or deputy early voting clerk in charge of an early voting polling place is entitled to compensation for attending the training program at an hourly rate not to exceed $7. SECTION 6. Section 172.024(a), Election Code, is amended to read as follows: (a) The filing fee for a candidate for nomination in the general primary election is as follows: (1) United States senator $5,000 [$4,000] (2) office elected statewide, except United States senator3,750 [3,000] (3) United States representative 3,125 [2,500] (4) state senator 1,250 [1,000] (5) state representative 750 [600] (6) member, State Board of Education 300 [250] (7) chief justice or justice, court of appeals, other than a justice specified by Subdivision (8)1,875 [1,500] (8) chief justice or justice of a court of appeals that serves a court of appeals district in which a county with a population of more than 850,000 is wholly or partly situated2,500 [2,000] (9) district judge or judge specified by Section 52.092(d) for which this schedule does not otherwise prescribe a fee1,500 [1,200] (10) district or criminal district judge of a court in a judicial district wholly contained in a county with a population of more than 850,0002,500 [2,000] (11) judge, statutory county court, other than a judge specified by Subdivision (12)1,500 [1,200] (12) judge of a statutory county court in a county with a population of more than 850,0002,500 [2,000] (13) district attorney, criminal district attorney, or county attorney performing the duties of a district attorney1,250 [1,000] (14) county commissioner, county clerk, sheriff, county tax assessor-collector, county treasurer, or judge, constitutional county court: (A) county with a population of 200,000 or more1,250 [1,000] (B) county with a population of under 200,000750 [600] (15) justice of the peace or constable: (A) county with a population of 200,000 or more1,000 [800] (B) county with a population of under 200,000375 [300] (16) county surveyor, inspector of hides and animals, or public weigher75 [50] (17) office of the county government for which this schedule does not otherwise prescribe a fee750 [600] SECTION 7. Section 173.005(a), Election Code, is amended to read as follows: [(a)] The maximum hourly rate payable with state funds in a particular primary election year to election judges serving in a primary election for attending training programs is the same as the maximum rate prescribed by this code for [a political subdivision's] compensation for attending a training program for election judges appointed to serve in elections ordered by the governor or a county authority [of its election judges for the same activity]. SECTION 8. Section 173.005(b), Election Code, is repealed. SECTION 9. This Act takes effect September 1, 2003.