By: Uresti S.B. No. 553
(In the Senate - Filed February 13, 2013; February 20, 2013,
read first time and referred to Committee on State Affairs;
March 20, 2013, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 8, Nays 0; March 20, 2013,
sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 553 By: Deuell
A BILL TO BE ENTITLED
AN ACT
relating to certain high school students serving as early voting
clerks in an election.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 25.087, Education Code, is amended by
adding Subsections (b-1) and (e) and amending Subsection (d) to
read as follows:
(b-1) A school district may adopt a policy excusing a
student from attending school for service as a student early voting
clerk in an election.
(d) A student whose absence is excused under Subsection (b),
(b-1), (b-2), or (c) may not be penalized for that absence and shall
be counted as if the student attended school for purposes of
calculating the average daily attendance of students in the school
district. A student whose absence is excused under Subsection (b),
(b-1), [or] (b-2), or (c) shall be allowed a reasonable time to make
up school work missed on those days. If the student satisfactorily
completes the school work, the day of absence shall be counted as a
day of compulsory attendance.
(e) A school district may excuse a student for the purposes
provided by Subsections (b)(1)(E) and (b-1) for a maximum of two
days in a school year.
SECTION 2. Section 33.092, Education Code, is amended to
read as follows:
Sec. 33.092. STUDENT ELECTION CLERKS AND EARLY VOTING
CLERKS. A student who is appointed as a student election clerk
under Section 32.0511, Election Code, or as a student early voting
clerk under Section 83.012, Election Code, may apply the time
served as a student election clerk or student early voting 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 3. Subchapter A, Chapter 83, Election Code, is
amended by adding Section 83.012 to read as follows:
Sec. 83.012. STUDENT EARLY VOTING CLERKS. (a) The early
voting clerk may appoint student early voting clerks as necessary
to assist the early voting clerk.
(b) A person is eligible to serve as a student early voting
clerk under this section if the person is ineligible to serve as a
clerk of an election precinct under Section 32.051(c) but meets the
eligibility requirements to be a student election clerk under
Section 32.0511.
(c) A student early voting clerk serving under this section:
(1) is entitled to compensation under Section 83.052
in the same manner as other early voting 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 four student early voting clerks may serve
at an early voting polling place.
(e) The secretary of state may initiate or assist in the
development of a statewide program promoting the use of student
early voting clerks appointed under this section.
SECTION 4. 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.
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