82R7808 JRJ-D
 
  By: Jackson S.B. No. 1128
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the conduct and administration of elections.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 31.035, Election Code, is transferred to
  Subchapter E, Chapter 31, Election Code, redesignated as Section
  31.124, Election Code, and amended to read as follows:
         Sec. 31.124  [31.035]. RESTRICTIONS ON POLITICAL
  ACTIVITIES. (a) A county elections administrator or other
  government official who oversees, manages, or administers the
  election process may not be a candidate for a public office or an
  office of a political party, hold a public office, or hold an office
  of or position in a political party. At the time an administrator
  or official becomes a candidate or accepts an office or position in
  violation of this subsection, the administrator or official vacates
  the position [of administrator].
         (b)  A county elections administrator commits an offense if
  the administrator makes a political contribution or political
  expenditure, as defined by the law regulating political funds and
  campaigns, or publicly supports or opposes a candidate for public
  office or a measure to be voted on at an election. An offense under
  this subsection is a Class A misdemeanor. On a final conviction,
  the administrator's employment is terminated, and the person
  convicted is ineligible for future appointment as county elections
  administrator.
         (c)  In this section, "candidate" means a person who has
  taken affirmative action, as described by the law regulating
  political funds and campaigns, for the purpose of gaining
  nomination or election.
         (d)  This section does not apply to a county clerk or a county
  tax assessor-collector.
         SECTION 2.  Subchapter D, Chapter 32, Election Code, is
  amended by adding Section 32.076 to read as follows:
         Sec. 32.076.  OBSERVING VOTER ASSISTANCE. (a)  The
  presiding judge or alternate presiding judge may observe assistance
  being provided to a voter to ensure compliance with the oath taken
  under Section 64.034 and that Section 64.036(a) is not being
  violated if the judge has reason to believe that a person assisting
  a voter under Section 64.032(c) is violating Section 64.036(a) or
  the oath taken under Section 64.034.
         (b)  If a watcher appointed under Chapter 33 requests the
  observation under Section 33.057(c), two election officers
  affiliated or aligned with different political parties shall
  observe the assistance provided to a voter to ensure that the person
  assisting the voter complies with the oath taken under Section
  64.034 and does not violate Section 64.036(a).
         SECTION 3.  Section 33.057, Election Code, is amended by
  adding Subsection (c) to read as follows:
         (c)  A watcher may request that two election officers
  affiliated or aligned with different political parties observe the
  assistance provided to a voter to ensure that the person assisting
  the voter complies with the oath taken under Section 64.034 and does
  not violate Section 64.036(a).
         SECTION 4.  Section 43.007, Election Code, is amended by
  adding Subsections (k) and (l) to read as follows:
         (k)  Each county that previously participated in a program
  under this section is authorized to continue participation in the
  program for future elections described by Subsection (a) if:
               (1)  the commissioners court of the county approves
  participation in the program; and
               (2)  the secretary of state determines the county's
  participation in the program was successful.
         (l)  Subsections (b), (c), (d), and (i) do not apply to a
  county participating in the program under Subsection (k).
         SECTION 5.  Subchapter E, Chapter 127, Election Code, is
  amended by adding Section 127.1311 to read as follows:
         Sec. 127.1311.  ANNOUNCING UNOFFICIAL RESULTS. (a) Except
  as provided by Subsection (b), unofficial election results shall be
  released as soon as they are available after the polls close.
         (b)  The presiding judge of the central counting station, in
  cooperation with the county clerk, may withhold the release of
  unofficial election results until the last voter has voted.
         SECTION 6.  Section 573.061, Government Code, is amended to
  read as follows:
         Sec. 573.061.  GENERAL EXCEPTIONS. Section 573.041 does not
  apply to:
               (1)  an appointment to the office of a notary public or
  to the confirmation of that appointment;
               (2)  an appointment of a page, secretary, attendant, or
  other employee by the legislature for attendance on any member of
  the legislature who, because of physical infirmities, is required
  to have a personal attendant;
               (3)  a confirmation of the appointment of an appointee
  appointed to a first term on a date when no individual related to
  the appointee within a degree described by Section 573.002 was a
  member of or a candidate for the legislature, or confirmation on
  reappointment of the appointee to any subsequent consecutive term;
               (4)  an appointment or employment of a bus driver by a
  school district if:
                     (A)  the district is located wholly in a county
  with a population of less than 35,000; or
                     (B)  the district is located in more than one
  county and the county in which the largest part of the district is
  located has a population of less than 35,000;
               (5)  an appointment or employment of a personal
  attendant by an officer of the state or a political subdivision of
  the state for attendance on the officer who, because of physical
  infirmities, is required to have a personal attendant;
               (6)  an appointment or employment of a substitute
  teacher by a school district; [or]
               (7)  an appointment or employment of a person by a
  municipality that has a population of less than 200; or
               (8)  an appointment of an election clerk under Section
  32.031, Election Code, who is not related in the first degree by
  consanguinity or affinity to an elected official of the authority
  that appoints the election judges for that election.
         SECTION 7.  This Act takes effect September 1, 2011.