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.