81R20734 JRJ-D
By: Berman, Guillen, Bohac H.B. No. 252
Substitute the following for H.B. No. 252:
By: Bonnen C.S.H.B. No. 252
A BILL TO BE ENTITLED
AN ACT
relating to authorizing the appointment of students to serve as
election clerks.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 32.051(c), Election Code, is amended to
read as follows:
(c) Except as provided by Section 32.0511, to [To] be
eligible to serve as a clerk of an election precinct, a person must
be a qualified voter:
(1) of the county, in a countywide election ordered by
the governor or a county authority or in a primary election;
(2) of the part of the county in which the election is
held, for an election ordered by the governor or a county authority
that does not cover the entire county of the person's residence; or
(3) of the political subdivision, in an election
ordered by an authority of a political subdivision other than a
county.
SECTION 2. Subchapter C, Chapter 32, Election Code, is
amended by adding Section 32.0511 to read as follows:
Sec. 32.0511. SPECIAL ELIGIBILITY REQUIREMENTS: STUDENT
ELECTION CLERKS. (a) In this section:
(1) "Educational institution" means a:
(A) public secondary school; or
(B) private or parochial secondary school that is
accredited by an organization approved by the Texas Education
Agency for private school accreditation.
(2) "Student" means a person enrolled in an
educational institution or a home-schooled student.
(b) A student who is ineligible to serve as a clerk of an
election precinct under Section 32.051(c) is eligible to serve as a
clerk of an election precinct under this section if the student:
(1) at the time of appointment as an election clerk:
(A) is a student in good standing at an
educational institution or attends a home school that meets the
requirements of Section 25.086(a)(1), Education Code;
(B) has the equivalent of at least a 2.0 grade
point average on a 4.0 grade point average scale; and
(C) has the consent of:
(i) the principal of the educational
institution attended by the student; or
(ii) in the case of a home-schooled
student, a parent or legal guardian who is responsible for the
student's education; and
(2) at the time of service as an election clerk:
(A) is 16 years of age or older;
(B) is a United States citizen; and
(C) has completed any training course required by
the entity holding the election.
(c) A student election clerk serving under this section:
(1) is entitled to compensation under Section 32.091
in the same manner as other election clerks; and
(2) when communicating with a voter who cannot
communicate in English, may communicate with the voter in a
language the voter and the clerk understand as authorized by
Subchapter B, Chapter 61.
(d) The secretary of state may initiate or assist in the
development of a statewide program promoting the use of student
election clerks appointed under this section.
SECTION 3. Section 25.087(b), Education Code, is amended to
read as follows:
(b) A school district shall excuse a student from attending
school for:
(1) the following purposes, including travel for those
purposes:
(A) observing religious holy days; [or]
(B) attending a required court appearance; or
(C) serving as an election clerk; or
(2) a temporary absence resulting from health care
professionals if that student commences classes or returns to
school on the same day of the appointment.
SECTION 4. Subchapter D, Chapter 33, Education Code, is
amended by adding Section 33.092 to read as follows:
Sec. 33.092. STUDENT ELECTION CLERKS. A student who is
appointed as a student election clerk under Section 32.0511,
Election Code, may apply the time served as a student election clerk
toward:
(1) a requirement for a school project at the
discretion of the teacher who assigned the project; or
(2) a service requirement for participation in an
advanced academic course program at the discretion of the program
sponsor or a school-sponsored extracurricular activity at the
discretion of the school sponsor.
SECTION 5. This Act takes effect September 1, 2009.