83R6061 ATP-F
 
  By: S. Davis of Harris H.B. No. 1783
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the authority of the county clerk with respect to
  certain early voting election officers.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 85.009, Election Code, is amended by
  amending Subsection (b) and adding Subsection (d) to read as
  follows:
         (b)  Before July of each year, the county chair of a [each]
  political party whose candidate for governor received the highest
  or second highest number of votes in the county in the most recent
  gubernatorial general election [holding a primary election in the
  county] shall submit in writing to the county clerk a list of names
  of persons in order of preference for each early voting polling
  place who are eligible for selection as an election officer.  The
  county chair may supplement the list of names of persons until the
  30th day before early voting begins in case an appointed election
  officer becomes unable to serve.  The county clerk shall appoint the
  first person meeting the applicable eligibility requirements from
  the list submitted in compliance with this subsection by the party
  with the highest number of votes in the county as the presiding
  election officer of that polling place and the first person meeting
  the applicable eligibility requirements from the list submitted in
  compliance with this subsection by the party with the second
  highest number of votes in the county as the alternate presiding
  election officer of that polling place.  The county clerk shall
  appoint additional election officers for each polling place in the
  manner described by Subsection (a).  The county clerk may reject the
  list if the persons whose names are submitted on the list are
  determined not to meet the applicable eligibility requirements.
         (d)  After early voting has begun, the county clerk may:
               (1)  dismiss an election officer for an early voting
  polling place if the officer is not able to meet the statutory
  requirements of the position or if the officer has poor hygiene and
  replace the officer with another person from the appropriate
  party's list submitted under Subsection (b), or if a list is not
  submitted, another person in a manner ensuring equal representation
  to the extent possible for the parties holding a primary election in
  the county; or
               (2)  transfer early voting officers among early voting
  polling places in a manner that ensures equal representation to the
  extent possible for the parties holding a primary election in the
  county.
         SECTION 2.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2013.