Texas 2021 - 87th Regular

Texas House Bill HB3999 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	87R20506 SGM-F
2		-	By: Jetton, et al. H.B. No. 3999
3		-	Substitute the following for H.B. No. 3999:
4		-	By: Jetton C.S.H.B. No. 3999
	1	+	87R9061 SGM-F
	2	+	By: Jetton H.B. No. 3999
5	3
6	4
7	5		A BILL TO BE ENTITLED
8	6		AN ACT
9	7		relating to the powers and duties of a presiding judge and alternate
10	8		presiding judge in an election.
11	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	10		SECTION 1. The heading to Section 32.031, Election Code, is
13	11		amended to read as follows:
14	12		Sec. 32.031. PRESIDING JUDGE AND ALTERNATE PRESIDING JUDGE
15	13		TO APPOINT CLERKS.
16	14		SECTION 2. Section 32.031(a), Election Code, is amended to
17	15		read as follows:
18	16		(a) The presiding judge and alternate presiding judge for
19	17		each election precinct shall each appoint the election clerks to
20	18		assist the presiding judge and alternate presiding judge in the
21	19		conduct of an election at the polling place served by the presiding
22	20		judge and alternate presiding judge.
23	21		SECTION 3. Sections 32.033(a), (b), and (c), Election Code,
24	22		are amended to read as follows:
25	23		(a) The authority that appoints the election judges shall
26	24		prescribe the maximum number of clerks that each presiding judge
27	25		and alternate presiding judge may appoint for each election. The
28	26		authority may prescribe different maximums for different types of
29	27		elections.
30	28		(b) Except as provided by Subsection (c), the presiding
31	29		judge and alternate presiding judge shall each appoint at least one
32	30		clerk [two clerks] for each precinct in each election and may
33	31		appoint as many additional clerks, within the prescribed limit, as
34	32		are necessary for the proper conduct of the election.
35	33		(c) In each election ordered by the governor or a county
36	34		authority in which the regular county election precincts are
37	35		required to be used, the presiding judge and alternate presiding
38	36		judge shall each appoint clerks for each precinct in the number,
39	37		within the prescribed limit, the presiding judge and alternate
40	38		presiding judge consider [considers] necessary for the proper
41	39		conduct of the election.
42	40		SECTION 4. Sections 32.034(b), (c), and (d), Election Code,
43	41		are amended to read as follows:
44	42		(b) The county chair of a political party whose candidate
45	43		for governor received the highest or second highest number of votes
46	44		in the county in the most recent gubernatorial general election
47	45		may, not later than the 25th day before a general election or the
48	46		10th day before a special election to which Subsection (a) applies,
49	47		submit to a presiding judge and an alternate presiding judge a list
50	48		containing the names of at least two persons who are eligible for
51		-	appointment as a clerk. If a timely list ~~from both parties is~~
52		-	~~submitted, the~~ presiding judge and alternate presiding judge shall
53		-	~~each appoint at~~ least one clerk from ~~those lists [~~the list], except
54		-	~~as provided by Subsection (c).~~ The presiding judge and alternate
55		-	~~presiding judge shall each~~ appoint the same number of clerks to the
56		-	~~extent possible given the~~ total number of clerks to be appointed.
	49	+	appointment as a clerk. If a timely list is submitted, the
	50	+	presiding judge and alternate presiding judge shall each appoint at
	51	+	least one clerk from the list, except as provided by Subsection (c).
	52	+	The presiding judge and alternate presiding judge shall each
	53	+	appoint the same number of clerks to the extent possible given the
	54	+	total number of clerks to be appointed.
57	55		(c) If only one additional clerk is to be appointed for an
58	56		election [in which the alternate presiding judge will serve as a
59	57		clerk], the clerk shall be appointed from the list of a political
60	58		party with which neither the presiding judge nor the alternate
61		-	judge is affiliated or aligned, if such a list is submitted. [If two
	59	+	judge is affiliated or aligned, if such a list is submitted. If two
62	60		such lists are submitted, the presiding judge shall decide from
63		-	which list the appointment will be made.] If no list or only one
64		-	[such a] list has been [is not] submitted, the presiding judge and
65		-	alternate presiding judge are [is] not required to make an
	61	+	which list the appointment will be made. If such a list is not
	62	+	submitted, the presiding judge is not required to make an
66	63		appointment from any list.
67	64		(d) The presiding judge and alternate presiding judge shall
68	65		make an appointment under this section not later than the fifth day
69	66		after the date the judges receive [judge receives] the list and
70	67		shall deliver written notification of the appointment to the
71	68		appropriate county chair.
72	69		SECTION 5. Subchapter D, Chapter 32, Election Code, is
73	70		amended by adding Section 32.0715 to read as follows:
74	71		Sec. 32.0715. ALTERNATE PRESIDING JUDGE. (a) An alternate
75	72		presiding judge shall have access to the voting area at all times
76	73		the polling place is open for voting and a presiding judge may not
77	74		assign any duty to an alternate presiding judge that prevents
78	75		continuous access to that area.
79	76		(b) The alternate presiding judge shall assume the
80	77		responsibilities of the presiding judge if the presiding judge is
81	78		not present at the polling place.
82	79		SECTION 6. Section 573.061, Government Code, is amended to
83	80		read as follows:
84	81		Sec. 573.061. GENERAL EXCEPTIONS. Section 573.041 does not
85	82		apply to:
86	83		(1) an appointment to the office of a notary public or
87	84		to the confirmation of that appointment;
88	85		(2) an appointment of a page, secretary, attendant, or
89	86		other employee by the legislature for attendance on any member of
90	87		the legislature who, because of physical infirmities, is required
91	88		to have a personal attendant;
92	89		(3) a confirmation of the appointment of an appointee
93	90		appointed to a first term on a date when no individual related to
94	91		the appointee within a degree described by Section 573.002 was a
95	92		member of or a candidate for the legislature, or confirmation on
96	93		reappointment of the appointee to any subsequent consecutive term;
97	94		(4) an appointment or employment of a bus driver by a
98	95		school district if:
99	96		(A) the district is located wholly in a county
100	97		with a population of less than 35,000; or
101	98		(B) the district is located in more than one
102	99		county and the county in which the largest part of the district is
103	100		located has a population of less than 35,000;
104	101		(5) an appointment or employment of a personal
105	102		attendant by an officer of the state or a political subdivision of
106	103		the state for attendance on the officer who, because of physical
107	104		infirmities, is required to have a personal attendant;
108	105		(6) an appointment or employment of a substitute
109	106		teacher by a school district;
110	107		(7) an appointment or employment of a person by a
111	108		municipality that has a population of less than 200; or
112	109		(8) an appointment of an election clerk under Section
113	110		32.031, Election Code[, who is not related in the first degree by
114	111		consanguinity or affinity to an elected official of the authority
115	112		that appoints the election judges for that election].
116	113		SECTION 7. Section 32.032, Election Code, is repealed.
117	114		SECTION 8. This Act takes effect September 1, 2021.