HBA-RBT, RBT, MAJ H.B. 927 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 927
By: Junell
Elections
4/12/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, presiding and alternate judges must be from different political
parties.  The process calls for the county chair of a party whose political
candidate for governor received the highest or second highest number of
votes in the county in the most recent gubernatorial general election to
submit in writing to the commissioner's court a list of names of persons
for appointment as an election judge. The commissioner's court shall
appoint the first person meeting the applicable eligibility requirements
from the list submitted.  Smaller counties have a limited number of people
to fill the election judges position.  H.B. 927 exempts the counties with
populations of 20,000 or less from the requirement that the election judge
must be affiliated with different political parties.  This bill requires
the county clerk to recommend a presiding judge and an alternate for each
precinct and submit a list of the recommendations to the commissioners
court.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 32.002, Election Code, by amending Subsections
(c) - (e) and adding Subsections (f) and (g), as follows: 

(c)  Adds an exception under Subsection (f) to the provision that the
presiding and alternate presiding election judge must be affiliated or
aligned with different political parties.  Makes a conforming change. 

(d)  Makes no change to this subdivision.

(e)  Adds an exception under Subsection (f) to the requirement that no
later than 48 hours after the county clerk becomes aware of a vacancy in
the position of election judge, the county clerk shall notify the county
chair of the same political party with which the original judge was
affiliated or aligned of the vacancy.  

(f)  Requires the county clerk in a county with a population of 20,000 or
less to recommend a presiding judge and alternate judge for each precinct.
Requires the clerk to submit a list of the recommendations to the
commissioners court.  Requires the clerk to recommend an appointee for each
unexpired term.  Requires the court to consider the clerk's recommendation
before making an appointment.   

(g)  Redesignated from existing Subsection (e).

SECTION 2.  Effective date: September 1, 1999. 
            Makes application of this Act prospective.

SECTION 3.  Emergency clause.