By: Cuellar, H. H.B. No. 281
73R2285 RJA-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the election of justices of the courts of appeals by
1-3 place.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. (a) This Act is a response to federal court
1-6 suits relating to the application of the federal Voting Rights Act
1-7 to certain state judges, and to the decision by the United States
1-8 Department of Justice to object, under Section 5 of the Voting
1-9 Rights Act of 1965, as amended (42 U.S.C. Sec. 1973c et seq.), to
1-10 the 15 district courts created by Chapter 632, Acts of the 71st
1-11 Legislature, Regular Session, 1989.
1-12 (b) The legislature finds that this Act is consistent with
1-13 all provisions of the Texas Constitution.
1-14 (c) The plan established by this Act for electing justices
1-15 of the courts of appeals shall be known as the "SL-II Plan."
1-16 SECTION 2. Subchapter C, Chapter 22, Government Code, is
1-17 amended by adding Section 22.229 to read as follows:
1-18 Sec. 22.229. ELECTION FROM PLACES. (a) The justices of
1-19 each court of appeals district shall be elected by places within
1-20 the district as provided by law.
1-21 (b) Each court of appeals has a chief justice. A vacancy in
1-22 the office of chief justice shall be filled by the justice with the
1-23 greatest number of years of service on the court. A justice may
1-24 only accept or decline the office of chief justice in writing.
2-1 Justices of equal seniority shall determine by lot which justice
2-2 serves as chief justice. A justice who accepts the office of chief
2-3 justice serves as chief justice until declining the office or
2-4 leaving the court. A declination or acceptance takes effect when
2-5 filed with the clerk of the court. The clerk shall record a
2-6 declination or acceptance in the minutes of the court.
2-7 (c) The legislature shall draw the boundaries of the places
2-8 within each court of appeals district, designate the number of each
2-9 place within the district, and designate the sequence in which each
2-10 place in the district will appear on a ballot to be filled by
2-11 partisan election by place. The number of places within a district
2-12 is equal to the number of justices provided by statute for the
2-13 court of appeals in that district. Each point within the district
2-14 shall be within the area of one place. If a justice is added to a
2-15 court of appeals, the justice shall be elected from the entire
2-16 district until the first general election following the next
2-17 redistricting of the district into places.
2-18 (d) Each justice, unless otherwise removed from office,
2-19 serves a six-year term of office. The initial election of a
2-20 justice for a full or unexpired term shall be a partisan election
2-21 by place. At the end of any justice's term of office that was
2-22 filled by a partisan election by place, the justice is subject, in
2-23 the manner provided by Chapter 278, Election Code, to confirmation
2-24 or rejection on a nonpartisan ballot by the qualified voters of the
2-25 court of appeals district. At the end of a term for which the
2-26 justice was retained in a retention election, the election cycle
2-27 for the justice begins again with a partisan election by place.
3-1 (e) If a majority of those voting in a retention election
3-2 vote for the retention of the justice, the justice remains in
3-3 office for a regular six-year term. If a majority do not vote for
3-4 the retention, a vacancy exists in the office at the end of the
3-5 term of the justice not retained. A justice who is not retained in
3-6 office is eligible for appointment or reelection to the office.
3-7 (f) Any election of a justice governed by Chapter 202,
3-8 Election Code, shall be a partisan election by place.
3-9 (g) To be eligible to serve as justice, the person at the
3-10 time of election or appointment must reside within the boundary of
3-11 the court of appeals district and may, but need not, be a resident
3-12 of the area of the place for which the office is filled.
3-13 (h) For purposes of the Election Code, each partisan
3-14 election by place of a justice is considered to be an election of a
3-15 district office filled by the voters of more than one county.
3-16 (i) A justice elected to a place shall serve on the same
3-17 court of appeals as the justice he or she immediately succeeds.
3-18 (j) In this subchapter, "state representative district"
3-19 means those state representative districts as configured for the
3-20 1990 general election.
3-21 (k) Places within a court of appeals district shall be
3-22 filled by partisan election by place in ascending numerical order
3-23 from the smallest numbered to the largest numbered place.
3-24 SECTION 3. Section 22.216, Government Code, is amended to
3-25 read as follows:
3-26 Sec. 22.216. Membership. (a) The Court of Appeals for the
3-27 First Court of Appeals District consists of nine <a chief justice
4-1 and eight> justices.
4-2 (b) The Court of Appeals for the Second Court of Appeals
4-3 District consists of seven <a chief justice and six> justices.
4-4 (c) The Court of Appeals for the Third Court of Appeals
4-5 District consists of six <a chief justice and five> justices.
4-6 (d) The Court of Appeals for the Fourth Court of Appeals
4-7 District consists of seven <a chief justice and six> justices.
4-8 (e) The Court of Appeals for the Fifth Court of Appeals
4-9 District consists of 13 <a chief justice and 12> justices.
4-10 (f) The Court of Appeals for the Sixth Court of Appeals
4-11 District consists of three <a chief justice and two> justices.
4-12 (g) The Court of Appeals for the Seventh Court of Appeals
4-13 District consists of four <a chief justice and three> justices.
4-14 (h) The Court of Appeals for the Eighth Court of Appeals
4-15 District consists of four <a chief justice and three> justices.
4-16 (i) The Court of Appeals for the Ninth Court of Appeals
4-17 District consists of three <a chief justice and two> justices.
4-18 (j) The Court of Appeals for the Tenth Court of Appeals
4-19 District consists of three <a chief justice and two> justices.
4-20 (k) The Court of Appeals for the Eleventh Court of Appeals
4-21 District consists of three <a chief justice and two> justices.
4-22 (l) The Court of Appeals for the Twelfth Court of Appeals
4-23 District consists of three <a chief justice and two> justices.
4-24 (m) The Court of Appeals for the Thirteenth Court of Appeals
4-25 District consists of six <a chief justice and five> justices.
4-26 (n) The Court of Appeals for the Fourteenth Court of Appeals
4-27 District consists of nine <a chief justice and eight> justices.
5-1 (o) A justice in each court of appeals district serves as
5-2 chief justice for that court as provided by Section 22.229.
5-3 SECTION 4. Title 16, Election Code, is amended by adding
5-4 Chapter 278 to read as follows:
5-5 CHAPTER 278. RETENTION ELECTIONS FOR CERTAIN JUDICIAL OFFICES
5-6 SUBCHAPTER A. RETENTION ELECTIONS
5-7 Sec. 278.001. DECLARATION OF CANDIDACY. (a) For purposes
5-8 of this chapter, the term "justice" includes "chief justice." Not
5-9 later than the 30th day before the date of the regular filing
5-10 deadline for candidates in the primary election preceding the last
5-11 general election for state and county officers before the
5-12 expiration of the term of office, each justice of a court of
5-13 appeals who desires to continue to serve in that office must file
5-14 with the secretary of state a declaration of candidacy to succeed
5-15 himself. A declaration may not be filed earlier than the 60th day
5-16 before the date of the regular filing deadline. Section 172.021
5-17 shall not apply to retention elections.
5-18 (b) A declaration of candidacy must be accompanied by a
5-19 filing fee in the amount prescribed for a justice of a court of
5-20 appeals by Section 172.024 or by a petition in lieu of a filing
5-21 fee with the number of signatures prescribed by Section 172.025.
5-22 Any petition filed under this subsection may not be obtained on the
5-23 grounds of a county courthouse or courthouse annex.
5-24 (c) If no declaration of candidacy is filed for a particular
5-25 office, the office shall be filled by a partisan election by place
5-26 under Section 22.229, Government Code.
5-27 Sec. 278.002. RETENTION BALLOT. (a) If a declaration of
6-1 candidacy is filed, the name of the incumbent shall be submitted
6-2 to the voters separately on the general election ballot, without
6-3 party designation, and under the heading "Nonpartisan Judicial
6-4 Retention Election."
6-5 (b) The ballot shall be printed to allow voting for or
6-6 against retention of the incumbent.
6-7 Sec. 278.003. GENERAL PROCEDURE FOR CONDUCT OF RETENTION
6-8 ELECTION. (a) Except as otherwise provided by this code, the
6-9 nonpartisan judicial retention election shall be conducted and the
6-10 results canvassed, tabulated, and reported in the manner
6-11 applicable to partisan offices in the general election.
6-12 (b) Certificates of election shall be issued to the retained
6-13 officers in the same manner as provided for candidates elected in
6-14 partisan elections.
6-15 Sec. 278.004. CAMPAIGN CONTRIBUTIONS AND EXPENDITURES. A
6-16 candidate for retention of a judicial office is subject to Title
6-17 15, and the candidate shall keep a record of contributions and
6-18 expenditures and shall file reports of contributions and
6-19 expenditures on the same basis as required of partisan candidates
6-20 for district offices.
6-21 Sec. 278.005. DISPOSITION OF FILING FEES. The secretary of
6-22 state shall deposit the filing fees received under Section 278.001
6-23 in a suspense account with the state treasurer until after election
6-24 day. The funds remaining in the account after any refunds are made
6-25 shall be deposited to the credit of the general revenue fund.
6-26 Sec. 278.006. APPLICABILITY OF OTHER PARTS OF CODE. The
6-27 other titles of this code apply to a nonpartisan judicial retention
7-1 election, except provisions that are inconsistent with this chapter
7-2 or that cannot feasibly be applied to a nonpartisan judicial
7-3 retention election.
7-4 Sec. 278.007. ADDITIONAL PROCEDURES. The secretary of state
7-5 shall prescribe any additional procedures necessary for the orderly
7-6 and proper administration of nonpartisan judicial retention
7-7 elections.
7-8 (Sections 278.008-278.020 reserved for expansion
7-9 SECTION 5. Section 22.203, Government Code, is amended to
7-10 read as follows:
7-11 Sec. 22.203. Second Court of Appeals. (a) The Court of
7-12 Appeals for the Second Court of Appeals District shall be held in
7-13 the City of Fort Worth.
7-14 (b) The court may transact its business in any county in the
7-15 district as the court determines is necessary or convenient.
7-16 <(c) The Court of Appeals for the Second Court of Appeals
7-17 District is composed of a chief justice and of six justices holding
7-18 places numbered consecutively beginning with Place 2.>
7-19 <(d) The designation of offices and places under this
7-20 section identifies the offices and places for all purposes,
7-21 including identification on official ballots for primary and
7-22 general elections notwithstanding Section 52.092, Election Code.>
7-23 <(e) A vacancy in the office of justice or chief justice of
7-24 the Court of Appeals for the Second Court of Appeals District shall
7-25 be filled by designation of office and, in the case of a justice,
7-26 by designation of place.>
7-27 <(f) The court by a majority vote of its members shall
8-1 promulgate rules establishing a seniority system to determine which
8-2 office and place is held by each member of the court. The chief
8-3 justice shall file the names and place numbers of the court members
8-4 with the secretary of state and the clerk of the court.>
8-5 <(g) If any additional offices of justices of the court are
8-6 created, the designation for those offices shall be in consecutive
8-7 numerical order beginning with Place 8. If two or more offices of
8-8 justice are created to take effect the same date, and the
8-9 legislature does not specify places for those offices, the court
8-10 shall by rule determine places for each office. If the court does
8-11 not determine places before a person is appointed or elected to
8-12 fill the initial vacancy, the places are determined by the
8-13 seniority system established as provided by Subsection (f).>
8-14 SECTION 6. Section 1.005(9), Election Code, is amended to
8-15 read as follows:
8-16 (9) "Independent candidate" means a candidate in a
8-17 nonpartisan election, other than a nonpartisan judicial retention
8-18 election, or a candidate in a partisan election who is not the
8-19 nominee of a political party.
8-20 SECTION 7. Section 41.002, Election Code, is amended to read
8-21 as follows:
8-22 Sec. 41.002. General Election for State and County Officers.
8-23 The general election for state and county officers, including a
8-24 nonpartisan judicial retention election, shall be held on the first
8-25 Tuesday after the first Monday in November in even-numbered years.
8-26 SECTION 8. Section 52.092(d), Election Code, is amended to
8-27 read as follows:
9-1 (d) District offices of the state government shall be listed
9-2 in the following order:
9-3 (1) member, State Board of Education;
9-4 (2) state senator;
9-5 (3) state representative;
9-6 (4) <chief justice, court of appeals;>
9-7 <(5)> justice, court of appeals;
9-8 (5) <(6)> district judge;
9-9 (6) <(7)> criminal district judge;
9-10 (7) <(8)> family district judge;
9-11 (8) <(9)> district attorney;
9-12 (9) <(10)> criminal district attorney.
9-13 SECTION 9. Section 145.003(b), Election Code, is amended to
9-14 read as follows:
9-15 (b) A candidate in the general election for state and county
9-16 officers, including a nonpartisan judicial retention election, may
9-17 be declared ineligible before the 30th day preceding election day
9-18 by:
9-19 (1) the party officer responsible for certifying the
9-20 candidate's name for placement on the general election ballot, in
9-21 the case of a candidate who is a political party's nominee; or
9-22 (2) the authority with whom the candidate's
9-23 application for a place on the ballot or declaration of candidacy
9-24 is required to be filed, in the case of an independent candidate or
9-25 a candidate in a nonpartisan judicial retention election, as
9-26 applicable.
9-27 SECTION 10. INTERIM PROVISION. This provision is necessary
10-1 to assure continuity in the administration of justice and to
10-2 provide for the orderly transition to the method of electing
10-3 justices by place. Chief justices and justices serving on the
10-4 courts of appeal on the effective date of this Act may, at the end
10-5 of their current term of office, at their option stand for election
10-6 either by a nonpartisan retention election in the entire court of
10-7 appeals district under Chapter 278, Election Code, or by a partisan
10-8 election by place. Until a chief justice or justice covered by
10-9 this section has been elected in a partisan election by place, the
10-10 chief justice or justice may not be identified with a specific
10-11 place within the court of appeals district.
10-12 SECTION 11. A person serving as chief justice of a court of
10-13 appeals on the effective date of this Act continues to serve as
10-14 chief justice until the person declines the office of chief justice
10-15 in writing or vacates the office of justice of the court of
10-16 appeals.
10-17 SECTION 12. The importance of this legislation and the
10-18 crowded condition of the calendars in both houses create an
10-19 emergency and an imperative public necessity that the
10-20 constitutional rule requiring bills to be read on three several
10-21 days in each house be suspended, and this rule is hereby suspended,
10-22 and that this Act take effect and be in force from and after its
10-23 passage, and it is so enacted.