By: Gallego H.B. No. 693
73R2282 RJA-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the election of certain district court judges.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 ARTICLE 1. LEGISLATIVE PURPOSE
1-5 SECTION 1.01. (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 district judges and to the decision by the United
1-8 States Department of Justice to object, under Section 5 of the
1-9 Voting Rights Act of 1965, as amended (42 U.S.C. Section 1973 et
1-10 seq.), to the district courts created by Chapter 632, Acts of the
1-11 71st 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 district
1-15 judges shall be known as the "SL-II Plan."
1-16 ARTICLE 2. ELECTION OF CERTAIN DISTRICT JUDGES FROM SUBDISTRICTS
1-17 SECTION 2.01. Subchapter A, Chapter 24, Government Code, is
1-18 amended by adding Sections 24.0015 and 24.0016 to read as follows:
1-19 Sec. 24.0015. RESIDENCE REQUIREMENT OF JUDGES. (a) A
1-20 district judge must reside in the judicial district for the two
1-21 years preceding the election and must maintain residence within the
1-22 judicial district during the term of office.
1-23 (b) A district judge elected from an election subdistrict
1-24 that, in area, is less than the entire judicial district may, but
2-1 need not, be a resident of the subdistrict from which elected.
2-2 Sec. 24.0016. ELECTION AND RETENTION OF CERTAIN JUDGES. (a)
2-3 This section applies only to judges elected from election
2-4 subdistricts as provided by Sections 24.112, 24.115, 24.118,
2-5 24.139, 24.146, 24.147, 24.150, 24.155, 24.157, 24.159, 24.160,
2-6 24.162, 24.163, 24.169, 24.170, 24.172, 24.175, 24.182, 24.197,
2-7 24.198, 24.200, 24.201, 24.203, 24.215, 24.218, 24.227, 24.228,
2-8 24.229, 24.231, 24.233, 24.235, 24.236, 24.238, 24.239, 24.242,
2-9 24.243, 24.245, 24.248, 24.249, 24.250, 24.251, 24.252, 24.256,
2-10 24.257, 24.258, 24.259, 24.261, 24.262, 24.263, 24.264, 24.267,
2-11 24.268, 24.269, 24.270, 24.271, 24.272, 24.273, 24.274, 24.352,
2-12 24.359, 24.362, 24.363, 24.364, 24.365, 24.366, 24.368, 24.369,
2-13 24.370, 24.371, 24.372, 24.373, 24.374, 24.379, 24.380, 24.382,
2-14 24.383, 24.387, 24.388, 24.392, 24.394, 24.402, 24.403, 24.404,
2-15 24.405, 24.406, 24.407, 24.408, 24.409, 24.410, 24.411, 24.413,
2-16 24.414, 24.415, 24.421, 24.422, 24.423, 24.424, 24.425, 24.427,
2-17 24.429, 24.431, 24.432, 24.433, 24.434, 24.438, 24.439, 24.440,
2-18 24.442, 24.446, 24.447, 24.456, 24.457, 24.458, 24.459, 24.460,
2-19 24.462, 24.465, 24.466, 24.467, 24.468, 24.469, 24.472, 24.474,
2-20 24.475, 24.476, 24.477, 24.479, 24.480, 24.483, 24.484, 24.485,
2-21 24.488, 24.491, 24.494, 24.497, 24.498, 24.499, 24.504, 24.508,
2-22 24.509, 24.516, 24.517, 24.609, 24.610, 24.611, 24.612, 24.613,
2-23 24.616, 24.617, 24.618, 24.619, 24.620, 24.621, 24.622, 24.623,
2-24 24.625, 24.626, 24.630, 24.631, 24.632, 24.633, 24.638, 24.639,
2-25 24.901, 24.902, 24.903, 24.904, 24.905, 24.910, 24.911, 24.912,
2-26 24.913, and 24.920.
2-27 (b) For purposes of the election of district judges from
3-1 subdistricts as provided by this section, a state representative
3-2 district, justice precinct, or commissioners precinct is composed
3-3 of the area in the district or precinct on January 1, 1990.
3-4 (c) Each judge, unless otherwise removed from office, serves
3-5 a four-year term. At the end of a term for which the judge was
3-6 elected from a subdistrict, the judge is subject, in the manner
3-7 provided by Subchapter A, Chapter 278, Election Code, to
3-8 confirmation or rejection on a nonpartisan ballot by the qualified
3-9 voters of the judicial district. At the end of a term for which
3-10 the judge was retained in a retention election, a vacancy exists
3-11 and the office shall be filled by partisan election from a
3-12 subdistrict.
3-13 (d) If a majority of those voting on the question vote for
3-14 the retention of the judge, the person remains in office for a
3-15 regular term. If a majority do not vote for the retention, the
3-16 voters residing in the election subdistrict from which the office
3-17 is filled shall elect a judge for a regular term by special
3-18 election as provided by Subchapter B, Chapter 278, Election Code.
3-19 The judge who is not retained in office is eligible for election in
3-20 that special election.
3-21 (e) A judge appointed to fill a vacancy in an office that
3-22 was last filled by election from a subdistrict is subject to
3-23 confirmation or rejection as provided by Subsection (c). A judge
3-24 appointed to fill a vacancy in an office that was last filled by a
3-25 vote for retention by the voters of the judicial district serves
3-26 until the next general election at which the office shall be filled
3-27 by election from the election subdistrict.
4-1 ARTICLE 3. PROCEDURE FOR RETENTION ELECTIONS
4-2 AND SPECIAL ELECTIONS
4-3 SECTION 3.01. Title 16, Election Code, is amended by adding
4-4 Chapter 278 to read as follows:
4-5 CHAPTER 278. RETENTION ELECTIONS AND SPECIAL ELECTIONS
4-6 FOR CERTAIN JUDICIAL OFFICES
4-7 SUBCHAPTER A. RETENTION ELECTIONS
4-8 Sec. 278.001. DECLARATION OF CANDIDACY. (a) Not later than
4-9 the date of the regular filing deadline for candidates in the
4-10 primary election preceding the last general election for state and
4-11 county officers before the expiration of the term of office, each
4-12 judge subject to retention by voters of a judicial district under
4-13 Section 24.0016, Government Code, who desires to continue to serve
4-14 in that office must file with the secretary of state a declaration
4-15 of candidacy to succeed himself. A declaration may not be filed
4-16 earlier than the 30th day before the date of the filing deadline.
4-17 (b) A declaration of candidacy must be accompanied by a
4-18 filing fee or a petition in lieu of a filing fee in the amount or
4-19 number of signatures prescribed for primary candidates by Section
4-20 172.024 or 172.025.
4-21 (c) If no declaration of candidacy is filed for a particular
4-22 office, the office becomes vacant on the expiration of the current
4-23 term of office.
4-24 Sec. 278.002. RETENTION BALLOT. (a) If a declaration of
4-25 candidacy is filed, the name of the incumbent shall be submitted to
4-26 the voters separately on the general election ballot, without party
4-27 designation, and under the heading "Nonpartisan Judicial Retention
5-1 Election."
5-2 (b) The ballot shall be printed to allow voting for or
5-3 against the incumbent.
5-4 Sec. 278.003. General Procedure for Conduct of Retention
5-5 Election. (a) Except as otherwise provided by this code, the
5-6 nonpartisan judicial retention election shall be conducted and the
5-7 results canvassed, tabulated, and reported in the manner applicable
5-8 to partisan offices in the general election.
5-9 (b) Certificates of election shall be issued to the retained
5-10 officers in the same manner as provided for candidates elected to
5-11 partisan offices.
5-12 Sec. 278.004. Campaign Contributions and Expenditures. A
5-13 candidate for retention of a judicial office is subject to Title
5-14 15, and the candidate shall keep a record of contributions and
5-15 expenditures and shall file reports of contributions and
5-16 expenditures on the same basis as required of candidates for
5-17 district partisan offices.
5-18 Sec. 278.005. DISPOSITION OF FILING FEES. The secretary of
5-19 state shall deposit the filing fees received under Section 278.001
5-20 in a suspense account with the state treasurer until after election
5-21 day. The funds remaining in the account after any refunds are made
5-22 shall be deposited to the credit of the general revenue fund.
5-23 Sec. 278.006. Applicability of Other Parts of Code. The
5-24 other titles of this code apply to a nonpartisan judicial retention
5-25 election except provisions that are inconsistent with this title or
5-26 that cannot feasibly be applied in a nonpartisan judicial retention
5-27 election.
6-1 Sec. 278.007. Additional Procedures. The secretary of state
6-2 shall prescribe any additional procedures necessary for the orderly
6-3 and proper administration of nonpartisan judicial retention
6-4 elections.
6-5 (Sections 278.008 to 278.020 reserved for expansion
6-6 SUBCHAPTER B. SPECIAL ELECTIONS
6-7 Sec. 278.021. APPLICABILITY OF SUBCHAPTER. This subchapter
6-8 applies only:
6-9 (1) to district judges elected from subdistricts under
6-10 Section 24.0016, Government Code; and
6-11 (2) when a majority of those voting on the question do
6-12 not vote to retain a judge under Subchapter A.
6-13 Sec. 278.022. DATE OF ELECTION. A special election under
6-14 this subchapter shall be held on the third Saturday in January
6-15 immediately following a retention election at which the voters did
6-16 not vote for retention.
6-17 Sec. 278.023. MAJORITY VOTE REQUIRED. To be elected in a
6-18 special election under this subchapter, a candidate must receive a
6-19 majority of the total number of votes received by all candidates
6-20 for the office.
6-21 Sec. 278.024. APPLICATION REQUIRED. (a) To be entitled to
6-22 a place on a special election ballot, a candidate must make an
6-23 application for a place on the ballot.
6-24 (b) An application must, in addition to complying with
6-25 Section 141.031, state the political party with which the candidate
6-26 is aligned or, if the candidate is not aligned with a party, state
6-27 that fact.
7-1 (c) An application must be accompanied by a filing fee or a
7-2 petition in lieu of a filing fee in the amount or number of
7-3 signatures prescribed for primary candidates by Section 172.024 or
7-4 172.025.
7-5 Sec. 278.025. FILING PERIOD FOR APPLICATION FOR PLACE ON
7-6 BALLOT. A candidate's application for a place on a special
7-7 election ballot must be filed not later than 5 p.m. of the 31st day
7-8 before election day.
7-9 Sec. 278.026. APPLICATION FILED WITH SECRETARY OF STATE. An
7-10 application for a place on a special election ballot must be filed
7-11 with the secretary of state.
7-12 Sec. 278.027. CIRCULATION OF PETITION. A petition
7-13 authorized by Section 278.024(c) may not be circulated before the
7-14 day after the date of the retention election that made the special
7-15 election necessary.
7-16 Sec. 278.028. CERTIFICATION OF CANDIDATES FOR PLACEMENT ON
7-17 BALLOT. (a) Except as provided by Subsection (c), the secretary
7-18 of state shall certify in writing for placement on the special
7-19 election ballot the name of each candidate who files with the
7-20 secretary an application that complies with Section 278.024.
7-21 (b) As soon as practicable after the deadline for filing
7-22 applications, the secretary of state shall deliver the
7-23 certification to the authority responsible for having the official
7-24 special election ballot prepared in the county in which the special
7-25 election is to be held.
7-26 (c) A candidate's name may not be certified if, before
7-27 delivering the certification, the secretary of state learns that
8-1 the name is to be omitted from the ballot under Section 145.094.
8-2 (d) This section does not apply to the certification of
8-3 candidates for a runoff election.
8-4 Sec. 278.029. TIME FOR CERTIFICATION OF RUNOFF CANDIDATES.
8-5 The certification of the names of the runoff candidates for
8-6 placement on a runoff ballot shall be delivered not later than the
8-7 fifth day after the date the final canvass is completed.
8-8 Sec. 278.030. PARTY ALIGNMENT ON BALLOT. The party
8-9 alignment of each candidate shall be printed on the official ballot
8-10 next to the candidate's name.
8-11 Sec. 278.031. TIME OF CANVASS. (a) The commissioners court
8-12 shall convene to conduct the local canvass not later than the third
8-13 day after election day.
8-14 (b) The governor shall conduct the state canvass not later
8-15 than the seventh day after election day.
8-16 (c) Section 1.006 does not apply to this section.
8-17 Sec. 278.032. DISPOSITION OF FILING FEES. The secretary of
8-18 state shall deposit the filing fees received under Section 278.024
8-19 in a suspense account with the state treasurer until after election
8-20 day. The funds remaining in the account after any refunds are made
8-21 shall be deposited to the credit of the general revenue fund.
8-22 Sec. 278.033. ADDITIONAL PROCEDURES. The secretary of state
8-23 shall prescribe any additional procedures necessary for the orderly
8-24 and proper administration of special elections under this
8-25 subchapter.
8-26 ARTICLE 4. CONFORMING AMENDMENTS TO ELECTION CODE
8-27 SECTION 4.01. Section 1.005(9), Election Code, is amended to
9-1 read as follows:
9-2 (9) "Independent candidate" means a candidate in a
9-3 nonpartisan election, other than a nonpartisan judicial retention
9-4 election, or a candidate in a partisan election who is not the
9-5 nominee of a political party.
9-6 SECTION 4.02. Section 41.002, Election Code, is amended to
9-7 read as follows:
9-8 Sec. 41.002. GENERAL ELECTION FOR STATE AND COUNTY OFFICERS.
9-9 The general election for state and county officers, including a
9-10 nonpartisan judicial retention election, shall be held on the first
9-11 Tuesday after the first Monday in November in even-numbered years.
9-12 SECTION 4.03. Section 52.092(d), Election Code, is amended
9-13 to read as follows:
9-14 (d) Except as otherwise provided by law, district <District>
9-15 offices of the state government shall be listed in the following
9-16 order:
9-17 (1) member, State Board of Education;
9-18 (2) state senator;
9-19 (3) state representative;
9-20 (4) chief justice, court of appeals;
9-21 (5) justice, court of appeals;
9-22 (6) district judge;
9-23 (7) criminal district judge;
9-24 (8) family district judge;
9-25 (9) district attorney;
9-26 (10) criminal district attorney.
9-27 SECTION 4.04. Section 145.003(b), Election Code, is amended
10-1 to read as follows:
10-2 (b) A candidate in the general election for state and county
10-3 officers, including a nonpartisan judicial retention election, may
10-4 be declared ineligible before the 30th day preceding election day
10-5 by:
10-6 (1) the party officer responsible for certifying the
10-7 candidate's name for placement on the general election ballot, in
10-8 the case of a candidate who is a political party's nominee; or
10-9 (2) the authority with whom the candidate's
10-10 application for a place on the ballot or declaration of candidacy
10-11 is required to be filed, in the case of an independent candidate or
10-12 a candidate in a nonpartisan judicial retention election, as
10-13 applicable.
10-14 ARTICLE 5. EFFECTIVE DATE; TRANSITION
10-15 SECTION 5.01. This Act takes effect September 1, 1993. An
10-16 office to which this Act applies and for which a four-year term
10-17 begins January 1, 1995, or January 1, 1997, shall be filled by
10-18 partisan election from an election subdistrict as provided by this
10-19 Act.
10-20 ARTICLE 6. EMERGENCY
10-21 SECTION 6.01. The importance of this legislation and the
10-22 crowded condition of the calendars in both houses create an
10-23 emergency and an imperative public necessity that the
10-24 constitutional rule requiring bills to be read on three several
10-25 days in each house be suspended, and this rule is hereby suspended.