S.B. No. 1134
AN ACT
relating to the authority for certain high school students to serve
as election clerks.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsection (c), Section 32.051, 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) an accredited private or parochial secondary
school.
(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 at an educational institution or
attends a home school that meets the requirements of Section
25.086(a)(1), Education Code; and
(B) 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) Not more than two student election clerks may serve at a
polling place, except that not more than four student election
clerks may serve at any countywide polling place.
(e) 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. Subsection (b), Section 25.087, 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.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1134 passed the Senate on
April 2, 2009, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1134 passed the House on
May 26, 2009, by the following vote: Yeas 145, Nays 0, one present
not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor