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.