Texas 2023 - 88th Regular

Texas House Bill HB1849 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R1421 MLH-D
2	2	By: DeAyala H.B. No. 1849
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the appointment of election clerks.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. The heading to Section 32.031, Election Code, is
10	10	amended to read as follows:
11	11	Sec. 32.031. JUDGES [PRESIDING JUDGE] TO APPOINT CLERKS.
12	12	SECTION 2. Section 32.031, Election Code, is amended by
13	13	amending Subsection (a) and adding Subsection (a-1) to read as
14	14	follows:
15	15	(a) Except for the election clerk appointed by the alternate
16	16	presiding judge under Subsection (a-1), the [The] presiding judge
17	17	for each election precinct shall appoint the election clerks to
18	18	assist the judge in the conduct of an election at the polling place
19	19	served by the judge.
20	20	(a-1) The alternate presiding judge for each election
21	21	precinct shall appoint one election clerk to assist the alternate
22	22	presiding judge in the conduct of an election at the polling place
23	23	served by the alternate presiding judge.
24	24	SECTION 3. Section 32.033, Election Code, is amended to
25	25	read as follows:
26	26	Sec. 32.033. NUMBER OF CLERKS. (a) The authority that
27	27	appoints the election judges shall prescribe the maximum number of
28	28	clerks that each presiding judge and alternate presiding judge may
29	29	appoint for each election. The authority may prescribe different
30	30	maximums for different types of elections.
31	31	(b) Except as provided by Subsections [Subsection] (c) and
32	32	(d), the presiding judge shall appoint at least one clerk and the
33	33	alternate presiding judge shall appoint one clerk [two clerks] for
34	34	each precinct in each election. The presiding judge [and] may
35	35	appoint as many additional clerks, within the prescribed limit, as
36	36	are necessary for the proper conduct of the election.
37	37	(c) In each election ordered by the governor or a county
38	38	authority in which the regular county election precincts are
39	39	required to be used, in addition to the clerk appointed by the
40	40	alternate presiding judge the presiding judge shall appoint clerks
41	41	for each precinct in the number, within the prescribed limit, the
42	42	judge considers necessary for the proper conduct of the election.
43	43	(d) In a county with a population of more than one million,
44	44	the alternate presiding judge shall appoint at least one clerk. The
45	45	presiding judge and alternate presiding judge shall each appoint
46	46	the same number of clerks to the extent possible given the total
47	47	number of clerks to be appointed.
48	48	SECTION 4. Section 32.034, Election Code, is amended by
49	49	amending Subsections (b), (d), and (e) and adding Subsection (b-1)
50	50	to read as follows:
51	51	(b) The county chair of a political party whose candidate
52	52	for governor received the highest or second highest number of votes
53	53	in the county in the most recent gubernatorial general election
54	54	may, not later than the 25th day before a general election or the
55	55	10th day before a special election to which Subsection (a) applies,
56	56	submit to a presiding judge and alternate presiding judge a list
57	57	containing the names of at least two persons who are eligible for
58	58	appointment as a clerk. If a timely list is submitted, the presiding
59	59	judge shall appoint at least one clerk from the list and the
60	60	alternate presiding judge shall appoint one clerk from the list[,
61	61	except as provided by Subsection (c)].
62	62	(b-1) Notwithstanding Subsection (b), in a county with a
63	63	population of more than one million, the alternate presiding judge
64	64	shall appoint at least one clerk. The presiding judge and alternate
65	65	presiding judge shall each appoint the same number of clerks to the
66	66	extent possible given the total number of clerks to be appointed.
67	67	(d) The presiding judge and the alternate presiding judge
68	68	shall make an appointment under this section not later than the
69	69	fifth day after the date the judge receives the list and shall
70	70	deliver written notification of the appointment to the appropriate
71	71	county chair.
72	72	(e) If a presiding judge and an alternate presiding judge
73	73	have [has] not been appointed at the time the county chair of a
74	74	political party is required to submit a list of names for the
75	75	appointment of a clerk under this section, the list of names shall
76	76	be submitted to the county chair of the political party whose
77	77	candidate for governor received the most votes in the precinct in
78	78	the most recent gubernatorial election and to the commissioners
79	79	court. The county chair, or the commissioners court in a county
80	80	without a county chair, shall appoint clerks from the list in the
81	81	same manner provided for a presiding judge and an alternate
82	82	presiding judge to appoint clerks by this section.
83	83	SECTION 5. Section 32.034(c), Election Code, is repealed.
84	84	SECTION 6. This Act takes effect September 1, 2023.