79R603 ATP-D

By:  Dutton                                                       H.B. No. 459



A BILL TO BE ENTITLED

AN ACT

relating to the compensation of an election judge or clerk.                   
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Sections 32.091(a) and (c), Election Code, are 
amended to read as follows:
	(a)  Except as provided by Subsection (c), 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 
1-1/2 times 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, $9 [$7].
	SECTION 2.  Subchapter E, Chapter 32, Election Code, is 
amended by adding Section 32.095 to read as follows:
	Sec. 32.095.  DEADLINE FOR COMPENSATION.  The authority 
fixing compensation under Section 32.093 shall provide for 
compensation to be paid to an election judge or clerk not later than 
72 hours after the time the compensation statement is submitted 
under Section 32.094.
	SECTION 3.  Section 32.112, Election Code, is amended to 
read as follows:    
	Sec. 32.112.  EXPENSE OF TRAINING JUDGES.  (a) 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, at an hourly rate at least 1-1/2 times the federal 
minimum hourly wage, 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.                             
	(b)  A political subdivision making an appropriation under 
this section shall provide for compensation to be paid to an 
election judge or clerk not later than 72 hours after the time the 
judge or clerk provides documentation acceptable to the political 
subdivision that the person is entitled to compensation under this 
section.
	SECTION 4.  This Act takes effect September 1, 2005, and 
applies only to compensation for an election judge or clerk for 
services rendered or training attended on or after that date.