Texas 2021 - 87th 2nd C.S.

Texas House Bill HB22 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87S20228 JON-F
2	2	By: Jetton H.B. No. 22
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the powers and duties of a presiding judge and alternate
8	8	presiding judge in an election.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. The heading to Section 32.031, Election Code, is
11	11	amended to read as follows:
12	12	Sec. 32.031. PRESIDING JUDGE AND ALTERNATE PRESIDING JUDGE
13	13	TO APPOINT CLERKS.
14	14	SECTION 2. Section 32.031(a), Election Code, is amended to
15	15	read as follows:
16	16	(a) The presiding judge and alternate presiding judge for
17	17	each election precinct shall each appoint the election clerks to
18	18	assist the presiding judge and alternate presiding judge in the
19	19	conduct of an election at the polling place served by the presiding
20	20	judge and alternate presiding judge.
21	21	SECTION 3. Sections 32.033(a), (b), and (c), Election Code,
22	22	are amended to read as follows:
23	23	(a) The authority that appoints the election judges shall
24	24	prescribe the maximum number of clerks that each presiding judge
25	25	and alternate presiding judge may appoint for each election. The
26	26	authority may prescribe different maximums for different types of
27	27	elections.
28	28	(b) Except as provided by Subsection (c), the presiding
29	29	judge and alternate presiding judge shall each appoint at least one
30	30	clerk [two clerks] for each precinct in each election and may
31	31	appoint as many additional clerks, within the prescribed limit, as
32	32	are necessary for the proper conduct of the election.
33	33	(c) In each election ordered by the governor or a county
34	34	authority in which the regular county election precincts are
35	35	required to be used, the presiding judge and alternate presiding
36	36	judge shall each appoint clerks for each precinct in the number,
37	37	within the prescribed limit, the presiding judge and alternate
38	38	presiding judge consider [considers] necessary for the proper
39	39	conduct of the election.
40	40	SECTION 4. Sections 32.034(b), (c), and (d), Election Code,
41	41	are amended to read as follows:
42	42	(b) The county chair of a political party whose candidate
43	43	for governor received the highest or second highest number of votes
44	44	in the county in the most recent gubernatorial general election
45	45	may, not later than the 25th day before a general election or the
46	46	10th day before a special election to which Subsection (a) applies,
47	47	submit to a presiding judge and an alternate presiding judge a list
48	48	containing the names of at least two persons who are eligible for
49	49	appointment as a clerk. If a timely list from both parties is
50	50	submitted, the presiding judge and alternate presiding judge shall
51	51	each appoint at least one clerk from those lists [the list], except
52	52	as provided by Subsection (c). The presiding judge and alternate
53	53	presiding judge shall each appoint the same number of clerks to the
54	54	extent possible given the total number of clerks to be appointed.
55	55	(c) If only one additional clerk is to be appointed for an
56	56	election [in which the alternate presiding judge will serve as a
57	57	clerk], the clerk shall be appointed from the list of a political
58	58	party with which neither the presiding judge nor the alternate
59	59	judge is affiliated or aligned, if such a list is submitted. [If two
60	60	such lists are submitted, the presiding judge shall decide from
61	61	which list the appointment will be made.] If no list or only one
62	62	[such a] list has been [is not] submitted, the presiding judge and
63	63	alternate presiding judge are [is] not required to make an
64	64	appointment from any list.
65	65	(d) The presiding judge and alternate presiding judge shall
66	66	make an appointment under this section not later than the fifth day
67	67	after the date the judges receive [judge receives] the list and
68	68	shall deliver written notification of the appointment to the
69	69	appropriate county chair.
70	70	SECTION 5. Subchapter D, Chapter 32, Election Code, is
71	71	amended by adding Section 32.0715 to read as follows:
72	72	Sec. 32.0715. ALTERNATE PRESIDING JUDGE. (a) An alternate
73	73	presiding judge shall have access to the voting area at all times
74	74	the polling place is open for voting and a presiding judge may not
75	75	assign any duty to an alternate presiding judge that prevents
76	76	continuous access to that area.
77	77	(b) The alternate presiding judge shall assume the
78	78	responsibilities of the presiding judge if the presiding judge is
79	79	not present at the polling place.
80	80	SECTION 6. Section 573.061, Government Code, is amended to
81	81	read as follows:
82	82	Sec. 573.061. GENERAL EXCEPTIONS. Section 573.041 does not
83	83	apply to:
84	84	(1) an appointment to the office of a notary public or
85	85	to the confirmation of that appointment;
86	86	(2) an appointment of a page, secretary, attendant, or
87	87	other employee by the legislature for attendance on any member of
88	88	the legislature who, because of physical infirmities, is required
89	89	to have a personal attendant;
90	90	(3) a confirmation of the appointment of an appointee
91	91	appointed to a first term on a date when no individual related to
92	92	the appointee within a degree described by Section 573.002 was a
93	93	member of or a candidate for the legislature, or confirmation on
94	94	reappointment of the appointee to any subsequent consecutive term;
95	95	(4) an appointment or employment of a bus driver by a
96	96	school district if:
97	97	(A) the district is located wholly in a county
98	98	with a population of less than 35,000; or
99	99	(B) the district is located in more than one
100	100	county and the county in which the largest part of the district is
101	101	located has a population of less than 35,000;
102	102	(5) an appointment or employment of a personal
103	103	attendant by an officer of the state or a political subdivision of
104	104	the state for attendance on the officer who, because of physical
105	105	infirmities, is required to have a personal attendant;
106	106	(6) an appointment or employment of a substitute
107	107	teacher by a school district;
108	108	(7) an appointment or employment of a person by a
109	109	municipality that has a population of less than 200; or
110	110	(8) an appointment of an election clerk under Section
111	111	32.031, Election Code[, who is not related in the first degree by
112	112	consanguinity or affinity to an elected official of the authority
113	113	that appoints the election judges for that election].
114	114	SECTION 7. Section 32.032, Election Code, is repealed.
115	115	SECTION 8. This Act takes effect on the 91st day after the
116	116	last day of the legislative session.