1 | 1 | | S.B. No. 1134 |
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2 | 2 | | |
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3 | 3 | | |
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4 | 4 | | AN ACT |
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5 | 5 | | relating to the authority for certain high school students to serve |
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6 | 6 | | as election clerks. |
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7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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8 | 8 | | SECTION 1. Subsection (c), Section 32.051, Election Code, |
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9 | 9 | | is amended to read as follows: |
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10 | 10 | | (c) Except as provided by Section 32.0511, to [To] be |
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11 | 11 | | eligible to serve as a clerk of an election precinct, a person must |
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12 | 12 | | be a qualified voter: |
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13 | 13 | | (1) of the county, in a countywide election ordered by |
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14 | 14 | | the governor or a county authority or in a primary election; |
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15 | 15 | | (2) of the part of the county in which the election is |
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16 | 16 | | held, for an election ordered by the governor or a county authority |
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17 | 17 | | that does not cover the entire county of the person's residence; or |
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18 | 18 | | (3) of the political subdivision, in an election |
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19 | 19 | | ordered by an authority of a political subdivision other than a |
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20 | 20 | | county. |
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21 | 21 | | SECTION 2. Subchapter C, Chapter 32, Election Code, is |
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22 | 22 | | amended by adding Section 32.0511 to read as follows: |
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23 | 23 | | Sec. 32.0511. SPECIAL ELIGIBILITY REQUIREMENTS: STUDENT |
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24 | 24 | | ELECTION CLERKS. (a) In this section: |
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25 | 25 | | (1) "Educational institution" means: |
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26 | 26 | | (A) a public secondary school; or |
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27 | 27 | | (B) an accredited private or parochial secondary |
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28 | 28 | | school. |
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29 | 29 | | (2) "Student" means a person enrolled in an |
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30 | 30 | | educational institution or a home-schooled student. |
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31 | 31 | | (b) A student who is ineligible to serve as a clerk of an |
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32 | 32 | | election precinct under Section 32.051(c) is eligible to serve as a |
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33 | 33 | | clerk of an election precinct under this section if the student: |
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34 | 34 | | (1) at the time of appointment as an election clerk: |
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35 | 35 | | (A) is a student at an educational institution or |
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36 | 36 | | attends a home school that meets the requirements of Section |
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37 | 37 | | 25.086(a)(1), Education Code; and |
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38 | 38 | | (B) has the consent of: |
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39 | 39 | | (i) the principal of the educational |
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40 | 40 | | institution attended by the student; or |
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41 | 41 | | (ii) in the case of a home-schooled |
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42 | 42 | | student, a parent or legal guardian who is responsible for the |
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43 | 43 | | student's education; and |
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44 | 44 | | (2) at the time of service as an election clerk: |
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45 | 45 | | (A) is 16 years of age or older; |
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46 | 46 | | (B) is a United States citizen; and |
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47 | 47 | | (C) has completed any training course required by |
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48 | 48 | | the entity holding the election. |
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49 | 49 | | (c) A student election clerk serving under this section: |
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50 | 50 | | (1) is entitled to compensation under Section 32.091 |
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51 | 51 | | in the same manner as other election clerks; and |
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52 | 52 | | (2) when communicating with a voter who cannot |
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53 | 53 | | communicate in English, may communicate with the voter in a |
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54 | 54 | | language the voter and the clerk understand as authorized by |
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55 | 55 | | Subchapter B, Chapter 61. |
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56 | 56 | | (d) Not more than two student election clerks may serve at a |
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57 | 57 | | polling place, except that not more than four student election |
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58 | 58 | | clerks may serve at any countywide polling place. |
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59 | 59 | | (e) The secretary of state may initiate or assist in the |
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60 | 60 | | development of a statewide program promoting the use of student |
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61 | 61 | | election clerks appointed under this section. |
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62 | 62 | | SECTION 3. Subsection (b), Section 25.087, Education Code, |
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63 | 63 | | is amended to read as follows: |
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64 | 64 | | (b) A school district shall excuse a student from attending |
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65 | 65 | | school for: |
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66 | 66 | | (1) the following purposes, including travel for those |
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67 | 67 | | purposes: |
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68 | 68 | | (A) observing religious holy days; [or] |
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69 | 69 | | (B) attending a required court appearance; or |
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70 | 70 | | (C) serving as an election clerk; or |
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71 | 71 | | (2) a temporary absence resulting from health care |
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72 | 72 | | professionals if that student commences classes or returns to |
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73 | 73 | | school on the same day of the appointment. |
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74 | 74 | | SECTION 4. Subchapter D, Chapter 33, Education Code, is |
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75 | 75 | | amended by adding Section 33.092 to read as follows: |
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76 | 76 | | Sec. 33.092. STUDENT ELECTION CLERKS. A student who is |
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77 | 77 | | appointed as a student election clerk under Section 32.0511, |
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78 | 78 | | Election Code, may apply the time served as a student election clerk |
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79 | 79 | | toward: |
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80 | 80 | | (1) a requirement for a school project at the |
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81 | 81 | | discretion of the teacher who assigned the project; or |
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82 | 82 | | (2) a service requirement for participation in an |
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83 | 83 | | advanced academic course program at the discretion of the program |
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84 | 84 | | sponsor or a school-sponsored extracurricular activity at the |
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85 | 85 | | discretion of the school sponsor. |
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86 | 86 | | SECTION 5. This Act takes effect September 1, 2009. |
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87 | 87 | | ______________________________ ______________________________ |
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88 | 88 | | President of the Senate Speaker of the House |
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89 | 89 | | I hereby certify that S.B. No. 1134 passed the Senate on |
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90 | 90 | | April 2, 2009, by the following vote: Yeas 31, Nays 0. |
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91 | 91 | | ______________________________ |
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92 | 92 | | Secretary of the Senate |
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93 | 93 | | I hereby certify that S.B. No. 1134 passed the House on |
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94 | 94 | | May 26, 2009, by the following vote: Yeas 145, Nays 0, one present |
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95 | 95 | | not voting. |
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96 | 96 | | ______________________________ |
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97 | 97 | | Chief Clerk of the House |
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98 | 98 | | Approved: |
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99 | 99 | | ______________________________ |
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100 | 100 | | Date |
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101 | 101 | | ______________________________ |
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102 | 102 | | Governor |
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