By: Hunter, Todd H.B. No. 2422
73R3318 DRH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the nonpartisan election of judicial officers.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 41.002, Election Code, is amended to read
1-5 as follows:
1-6 Sec. 41.002. General Election for State and County Officers.
1-7 (a) The general election for state and county officers, including
1-8 the general nonpartisan judicial election, shall be held on the
1-9 first Tuesday after the first Monday in November in even-numbered
1-10 years.
1-11 (b) Any primary nonpartisan judicial election shall be held
1-12 on the date of the general primary election.
1-13 SECTION 2. The Election Code is amended by adding Title 17
1-14 to read as follows:
1-15 TITLE 17. NONPARTISAN JUDICIAL ELECTIONS
1-16 CHAPTER 291. NONPARTISAN JUDICIAL ELECTIONS
1-17 SUBCHAPTER A. NONPARTISAN ELECTION OF JUDGES GENERALLY
1-18 Sec. 291.001. APPLICABILITY OF CHAPTER. This chapter
1-19 applies only to nonpartisan judicial offices.
1-20 Sec. 291.002. Judges Elected As Nonpartisan Candidates. All
1-21 elected judges and justices, except municipal judges and
1-22 constitutional county judges, shall be elected as nonpartisan
1-23 candidates in accordance with this chapter. Nomination for those
1-24 offices by a political party is prohibited.
2-1 Sec. 291.003. Vote Required For Election. (a) If only one
2-2 or two candidates qualify for a place on the nonpartisan judicial
2-3 ballot for a particular office, the name of each candidate shall be
2-4 placed on the nonpartisan judicial ballot at the general election
2-5 for state and county officers, and the candidate receiving the most
2-6 votes shall be declared elected.
2-7 (b) If more than two candidates qualify for a place on the
2-8 nonpartisan judicial ballot for a particular office, the name of
2-9 each candidate shall be placed on the primary nonpartisan judicial
2-10 ballot, the voting on which shall be in conjunction with each
2-11 party's general primary election. If a candidate receives a
2-12 majority of the total number of votes received by all the
2-13 candidates for the office, the candidate shall be declared elected.
2-14 If no candidate receives a majority of the votes, the names of the
2-15 two candidates who receive the highest and second highest number of
2-16 votes or who tie for the highest number of votes shall be placed on
2-17 the nonpartisan judicial ballot at the general election for state
2-18 and county officers, and the candidate receiving the most votes
2-19 shall be declared elected.
2-20 Sec. 291.004. Applicability of Other Parts of Code. (a)
2-21 The other titles of this code apply to a nonpartisan judicial
2-22 election except provisions that are inconsistent with this title or
2-23 that cannot feasibly be applied in a nonpartisan judicial election.
2-24 (b) If a primary nonpartisan judicial election is held, that
2-25 election is considered to be the main election and the general
2-26 nonpartisan judicial election is considered to be the runoff
2-27 election for purposes of applying provisions of this code relating
3-1 to tie votes, recounts, election contests, and any other matters
3-2 determined by the secretary of state to be appropriate to primary
3-3 nonpartisan judicial elections.
3-4 Sec. 291.005. Additional Procedures. The secretary of state
3-5 shall prescribe any additional procedures necessary for the orderly
3-6 and proper administration of elections held under this chapter.
3-7 (Sections 291.006-291.020 reserved for expansion
3-8 SUBCHAPTER B. APPLICATION FOR PLACE ON BALLOT
3-9 Sec. 291.021. Application Required. (a) To be entitled to
3-10 a place on the nonpartisan judicial election ballot, a candidate
3-11 must make an application for a place on the ballot.
3-12 (b) An application must, in addition to complying with
3-13 Section 141.031, be accompanied by the appropriate filing fee or,
3-14 instead of the filing fee, a petition that satisfies the
3-15 requirements prescribed by Section 141.062.
3-16 (c) An application filed by mail is considered to be filed
3-17 at the time of its receipt by the appropriate authority.
3-18 (d) The circulation of a petition to be filed under this
3-19 subchapter in connection with a candidate's application for a place
3-20 on the ballot does not constitute candidacy or an announcement of
3-21 candidacy for purposes of the automatic resignation provisions of
3-22 Article XVI, Section 65, or Article XI, Section 11, of the Texas
3-23 Constitution.
3-24 Sec. 291.022. Authority With Whom Application Filed. An
3-25 application for a place on the nonpartisan judicial election ballot
3-26 must be filed with:
3-27 (1) the secretary of state, for a statewide or
4-1 district office; or
4-2 (2) the county clerk, for a county or precinct office.
4-3 Sec. 291.023. Regular Filing Deadline. An application for a
4-4 place on the nonpartisan judicial election ballot must be filed not
4-5 later than the regular filing deadline for candidates in the
4-6 general primary election, except as provided by Sections 291.053
4-7 and 202.008.
4-8 Sec. 291.024. Filing Fee. (a) The filing fee for a
4-9 nonpartisan judicial candidate is as follows:
4-10 (1) office elected statewide .................. $3,000
4-11 (2) chief justice or justice, court of appeals, other
4-12 than a justice specified by Subdivision (3) ................ 1,500
4-13 (3) chief justice or justice of a court of appeals
4-14 that serves a court of appeals district in which a county with a
4-15 population of more than 850,000 is wholly or partly
4-16 situated ................................................... 2,000
4-17 (4) district judge, criminal district judge, or
4-18 family district judge, other than a judge specified by
4-19 Subdivision (5) ............................................ 1,200
4-20 (5) district or criminal district judge of a court in
4-21 a judicial district wholly contained in a county with a population
4-22 of more than 850,000 ....................................... 2,000
4-23 (6) judge, statutory county court, other than a judge
4-24 specified by Subdivision (7) ............................... 1,200
4-25 (7) judge of a statutory county court in a county with
4-26 a population of more than 850,000 .......................... 2,000
4-27 (8) justice of the peace:
5-1 (A) county with a population of 200,000
5-2 or more ..................................................... 800
5-3 (B) county with a population of under
5-4 200,000 ..................................................... 300
5-5 (b) A filing fee received by the secretary of state shall be
5-6 deposited in the state treasury to the credit of the general
5-7 revenue fund, and a filing fee received by the county clerk shall
5-8 be deposited in the county treasury to the credit of the county
5-9 general fund.
5-10 Sec. 291.025. Number of Petition Signatures Required. The
5-11 minimum number of signatures that must appear on the petition
5-12 authorized by Section 291.021 is:
5-13 (1) 5,000, for a statewide office; or
5-14 (2) for a district, county, or precinct office, the
5-15 lesser of:
5-16 (A) 500; or
5-17 (B) two percent of the total vote received in
5-18 the district, county, or precinct, as applicable, by all the
5-19 candidates for governor in the most recent gubernatorial general
5-20 election, unless that number is under 50, in which case the
5-21 required number of signatures is the lesser of:
5-22 (i) 50; or
5-23 (ii) 20 percent of that total vote.
5-24 Sec. 291.026. Statement on Petition. The following
5-25 statement must appear at the top of each page of a petition to be
5-26 filed under Section 291.021: "I know that the purpose of this
5-27 petition is to entitle (insert candidate's name) to have his name
6-1 placed on the ballot for the office of (insert office title,
6-2 including any place number or other distinguishing number) for the
6-3 nonpartisan judicial election."
6-4 Sec. 291.027. Certification of Names for Placement on
6-5 Primary Nonpartisan Judicial Ballot. (a) Except as provided by
6-6 Subsection (c), the secretary of state shall certify in writing for
6-7 placement on the primary nonpartisan judicial election ballot the
6-8 name of each candidate who files with the secretary an application
6-9 that complies with Section 291.021(b).
6-10 (b) Not later than the deadline for the state chairman to
6-11 deliver to the county chairmen the certification of names for
6-12 placement on the general primary election ballot, the secretary of
6-13 state shall deliver the certification to the county clerk in each
6-14 county in which the candidate's name is to appear on the ballot.
6-15 (c) A candidate's name may not be certified:
6-16 (1) if, before delivering the certification, the
6-17 secretary of state learns that the name is to be omitted from the
6-18 ballot under Section 291.054; or
6-19 (2) for an office for which the candidate's
6-20 application is invalid under Section 141.033.
6-21 (d) A copy of each certification shall be made available on
6-22 request, without charge, to each newspaper published in this state
6-23 and to each licensed radio and television station in this state.
6-24 (Sections 291.028-291.050 reserved for expansion
6-25 SUBCHAPTER C. WITHDRAWAL, DEATH, AND INELIGIBILITY
6-26 OF CANDIDATE
6-27 Sec. 291.051. Withdrawal, Death, or Ineligibility Generally.
7-1 With respect to withdrawal, death, or ineligibility of a candidate
7-2 in a nonpartisan judicial election, this subchapter supersedes
7-3 Subchapter A, Chapter 145, to the extent of any conflict.
7-4 Sec. 291.052. Withdrawal From Primary Nonpartisan Judicial
7-5 Election. (a) A candidate may not withdraw from the primary
7-6 nonpartisan judicial election after the 62nd day before general
7-7 primary election day.
7-8 (b) A withdrawal request must be filed with the authority
7-9 with whom the withdrawing candidate's application for a place on
7-10 the ballot is required to be filed.
7-11 Sec. 291.053. Extended Filing Deadline. (a) If a candidate
7-12 dies, withdraws, or is declared ineligible under circumstances that
7-13 would result in an extension of the filing deadline in a party
7-14 primary, the filing deadline for nonpartisan judicial candidates
7-15 for that office is extended in the same manner as provided for a
7-16 primary election.
7-17 (b) If the deadline for filing applications is extended,
7-18 notice of the extended filing shall be given in the same manner as
7-19 provided for a primary election.
7-20 Sec. 291.054. Withdrawn, Deceased, or Ineligible Candidate's
7-21 Name Omitted From Primary Nonpartisan Judicial Election Ballot. A
7-22 candidate's name shall be omitted from the primary nonpartisan
7-23 judicial election ballot if the candidate withdraws, dies, or is
7-24 declared ineligible on or before the 62nd day before general
7-25 primary election day.
7-26 Sec. 291.055. Deceased or Ineligible Candidate's Name to
7-27 Appear on Primary Nonpartisan Judicial Election Ballot. (a) If a
8-1 candidate who has made an application for a place on the
8-2 nonpartisan judicial election ballot that complies with the
8-3 applicable requirements dies or is declared ineligible after the
8-4 62nd day before general primary election day, the candidate's name
8-5 shall be placed on the primary nonpartisan judicial ballot if more
8-6 than two candidates, including that candidate, have qualified for a
8-7 place on the nonpartisan judicial ballot for a particular office.
8-8 (b) If the name of a deceased or ineligible candidate
8-9 appears on the ballot, the votes cast for the candidate shall be
8-10 counted and entered on the official election returns in the same
8-11 manner as for the other candidates.
8-12 (c) If the deceased or ineligible candidate receives the
8-13 vote required for election, the resulting vacancy shall be filled
8-14 in the regular manner.
8-15 (d) If no candidate receives a majority vote in the primary
8-16 nonpartisan judicial election and a deceased or ineligible
8-17 candidate receives the vote that would entitle the candidate to a
8-18 place on the general nonpartisan judicial election ballot or ties
8-19 for that number of votes, the candidates in the general election
8-20 shall be determined in the regular manner but without regard to the
8-21 votes received by the deceased or ineligible candidate.
8-22 Sec. 291.056. Withdrawal, Death, or Ineligibility of
8-23 Candidate in General Nonpartisan Judicial Election. The provisions
8-24 of this code applicable to the withdrawal, death, or ineligibility
8-25 of an independent candidate in the general election for state and
8-26 county officers apply to a nonpartisan judicial candidate in the
8-27 general election.
9-1 (Sections 291.057-291.070 reserved for expansion
9-2 SUBCHAPTER D. BALLOT
9-3 Sec. 291.071. Order of Names on Primary Nonpartisan Judicial
9-4 Ballot; Certification to Parties. (a) The order of the
9-5 candidates' names on the primary nonpartisan judicial election
9-6 ballot shall be determined by a drawing conducted by the county
9-7 clerk.
9-8 (b) The drawing shall be conducted in the same manner and by
9-9 the same deadline as provided for a primary election.
9-10 (c) Within the time for preparing the party primary ballots
9-11 for a county, the county clerk shall prepare the official primary
9-12 nonpartisan judicial ballot and shall certify the ballot forms to
9-13 the primary committee of each political party that is holding a
9-14 primary election in the county. At the same time, the county clerk
9-15 shall certify the number of separate nonpartisan judicial ballots
9-16 that are to be printed for each precinct.
9-17 Sec. 291.072. Nonpartisan Judicial Election Ballot. The
9-18 nonpartisan judicial offices and candidates shall be listed as a
9-19 separate ballot on each party's primary ballot and on the general
9-20 election ballot, as appropriate, following the partisan offices,
9-21 under the heading "Nonpartisan Judicial Offices."
9-22 Sec. 291.073. Separate Nonpartisan Judicial Ballots in
9-23 Primary. (a) A sufficient number of separate ballots, listing
9-24 only the nonpartisan judicial offices and candidates, shall be
9-25 provided for the use of voters who desire to vote in the primary
9-26 nonpartisan judicial election but who do not desire to vote in the
9-27 party primary.
10-1 (b) The separate nonpartisan judicial ballots and the
10-2 nonpartisan section on the primary ballot shall be paid for from
10-3 the funds appropriated for the administration of the primary
10-4 elections.
10-5 (Sections 291.074-291.090 reserved for expansion
10-6 SUBCHAPTER E. CONDUCT OF ELECTION
10-7 Sec. 291.091. General Procedure for Conduct of Primary
10-8 Nonpartisan Judicial Election. (a) Any qualified voter is
10-9 eligible to vote in the primary nonpartisan judicial election
10-10 regardless of whether the voter desires to vote in the party
10-11 primary.
10-12 (b) The signature rosters and poll lists for the elections
10-13 shall be maintained to indicate the voters who vote in a party
10-14 primary and those who vote only in the nonpartisan judicial
10-15 election. The secretary of state shall prescribe procedures for
10-16 maintaining the signature rosters, poll lists, lists of registered
10-17 voters, and other precinct election records used at the election.
10-18 The official forms for the election records shall be prescribed to
10-19 reflect, as necessary, the distinction between the party voters and
10-20 candidates and the nonpartisan judicial voters and candidates.
10-21 (c) Except as otherwise provided by this chapter, the
10-22 primary nonpartisan judicial election shall be conducted in
10-23 accordance with the procedures prescribed by this code in relation
10-24 to the general primary election to the extent those procedures can
10-25 be made applicable.
10-26 Sec. 291.092. Certification of Results of Primary
10-27 Nonpartisan Judicial Election. Not later than the deadline for
11-1 delivering the county election returns for statewide and district
11-2 partisan offices to the state chairman, each county chairman shall
11-3 deliver a written certification of the tabulation of results from
11-4 the local canvass to:
11-5 (1) the county clerk, for each candidate for a county
11-6 or precinct nonpartisan judicial office; and
11-7 (2) the secretary of state, for each candidate for a
11-8 statewide or district nonpartisan judicial office.
11-9 Sec. 291.093. Final Canvass for Primary Nonpartisan Judicial
11-10 Election. On the date prescribed by this code for the final
11-11 canvass of statewide and district offices in the party primary, the
11-12 final canvass for the primary nonpartisan judicial election shall
11-13 be conducted by:
11-14 (1) the governor, for statewide and district
11-15 nonpartisan judicial offices; and
11-16 (2) the commissioners court, for county and precinct
11-17 nonpartisan judicial offices.
11-18 Sec. 291.094. General Procedure for Conduct of General
11-19 Nonpartisan Judicial Election. Except as otherwise provided by
11-20 this chapter, the general nonpartisan judicial election shall be
11-21 conducted and the results canvassed, tabulated, and reported in the
11-22 manner applicable to partisan offices in the general election.
11-23 SECTION 3. Section 1.005, Election Code, is amended by
11-24 amending Subdivision (9) and by adding Subdivision (25) to read as
11-25 follows:
11-26 (9) "Independent candidate" means a candidate in a
11-27 nonpartisan election or a candidate in a partisan election who is
12-1 not the nominee of a political party. The term does not include a
12-2 nonpartisan judicial candidate.
12-3 (25) "Nonpartisan judicial candidate" means a
12-4 candidate in a nonpartisan judicial election held under Chapter
12-5 291.
12-6 SECTION 4. Section 41.007(d), Election Code, is amended to
12-7 read as follows:
12-8 (d) Except as otherwise provided by this code, no <No> other
12-9 election may be held on the date of a primary election.
12-10 SECTION 5. Section 52.092, Election Code, is amended to read
12-11 as follows:
12-12 Sec. 52.092. Offices Regularly Filled at General Election
12-13 for State and County Officers. (a) For an election at which
12-14 offices regularly filled at the general election for state and
12-15 county officers, including the nonpartisan judicial election, are
12-16 to appear on the ballot, the offices shall be listed in the
12-17 following order:
12-18 (1) offices of the federal government;
12-19 (2) offices of the state government:
12-20 (A) statewide offices;
12-21 (B) district offices;
12-22 (3) offices of the county government:
12-23 (A) county offices;
12-24 (B) precinct offices.
12-25 (b) Offices of the federal government shall be listed in the
12-26 following order:
12-27 (1) president and vice-president of the United States;
13-1 (2) United States senator;
13-2 (3) United States representative.
13-3 (c) Statewide offices of the state government shall be
13-4 listed in the following order:
13-5 (1) governor;
13-6 (2) lieutenant governor;
13-7 (3) attorney general;
13-8 (4) comptroller of public accounts;
13-9 (5) state treasurer;
13-10 (6) commissioner of the General Land Office;
13-11 (7) commissioner of agriculture;
13-12 (8) railroad commissioner<;>
13-13 <(9) chief justice, supreme court;>
13-14 <(10) justice, supreme court;>
13-15 <(11) presiding judge, court of criminal appeals;>
13-16 <(12) judge, court of criminal appeals>.
13-17 (d) District offices of the state government shall be listed
13-18 in the following order:
13-19 (1) member, State Board of Education;
13-20 (2) state senator;
13-21 (3) state representative;
13-22 <(4) chief justice, court of appeals;>
13-23 <(5) justice, court of appeals;>
13-24 <(6) district judge;>
13-25 <(7) criminal district judge;>
13-26 <(8) family district judge;>
13-27 (4) <(9)> district attorney;
14-1 (5) <(10)> criminal district attorney.
14-2 (e) County offices shall be listed in the following order:
14-3 (1) county judge;
14-4 <(2) judge, county court at law;>
14-5 <(3) judge, county criminal court;>
14-6 <(4) judge, county probate court;>
14-7 (2) <(5)> county attorney;
14-8 (3) <(6)> district clerk;
14-9 (4) <(7)> district and county clerk;
14-10 (5) <(8)> county clerk;
14-11 (6) <(9)> sheriff;
14-12 (7) <(10)> sheriff and tax assessor-collector;
14-13 (8) <(11)> county tax assessor-collector;
14-14 (9) <(12)> county treasurer;
14-15 (10) <(13)> county school trustee (county with
14-16 population of two million or more);
14-17 (11) <(14)> county surveyor;
14-18 (12) <(15)> inspector of hides and animals.
14-19 (f) Precinct offices shall be listed in the following order:
14-20 (1) county commissioner;
14-21 <(2) justice of the peace;>
14-22 (2) <(3)> constable;
14-23 (3) <(4)> public weigher.
14-24 (g) The nonpartisan judicial offices shall be listed in the
14-25 following order:
14-26 (1) chief justice, supreme court;
14-27 (2) justice, supreme court;
15-1 (3) presiding judge, court of criminal appeals;
15-2 (4) judge, court of criminal appeals;
15-3 (5) chief justice, court of appeals;
15-4 (6) justice, court of appeals;
15-5 (7) district judge;
15-6 (8) criminal district judge;
15-7 (9) family district judge;
15-8 (10) judge, county court at law;
15-9 (11) judge, county criminal court;
15-10 (12) judge, county probate court;
15-11 (13) justice of the peace.
15-12 (h) <(g)> If two or more offices having the same title
15-13 except for a place number or other distinguishing number are to
15-14 appear on the ballot, the number shall appear as part of the office
15-15 title and the offices shall be listed in numerical order.
15-16 (i) <(h)> The secretary of state shall assign a place number
15-17 to each position to be filled at the nonpartisan judicial <general>
15-18 election <for state and county officers> for each full or unexpired
15-19 term in the following offices:
15-20 (1) justice, supreme court;
15-21 (2) judge, court of criminal appeals; and
15-22 (3) justice, court of appeals in a court having a
15-23 membership in excess of three, if distinguishing the positions to
15-24 be filled is necessary.
15-25 (j) <(i)> The secretary of state shall designate the
15-26 position of new offices on the ballot.
15-27 (k) <(j)> The office of judge of a multicounty statutory
16-1 county court created under Subchapter D, Chapter 25, Government
16-2 Code, is considered to be a county office for purposes of listing
16-3 the office on the ballot and to be a district office for all other
16-4 purposes under this code.
16-5 SECTION 6. Section 141.001(a), Election Code, is amended to
16-6 read as follows:
16-7 (a) To be eligible to be a candidate for, or elected or
16-8 appointed to, a public elective office in this state, a person
16-9 must:
16-10 (1) be a United States citizen;
16-11 (2) be 18 years of age or older on the first day of
16-12 the term to be filled at the election or on the date of
16-13 appointment, as applicable;
16-14 (3) have not been determined mentally incompetent by a
16-15 final judgment of a court;
16-16 (4) have not been finally convicted of a felony from
16-17 which the person has not been pardoned or otherwise released from
16-18 the resulting disabilities;
16-19 (5) have resided continuously in the state for 12
16-20 months and in the territory from which the office is elected for
16-21 six months immediately preceding the following date:
16-22 (A) for a candidate whose name is to appear on a
16-23 general primary election ballot, the date of the regular filing
16-24 deadline for a candidate's application for a place on the ballot;
16-25 (B) for an independent candidate or a
16-26 nonpartisan judicial candidate, the date of the regular filing
16-27 deadline for a candidate's application for a place on the ballot;
17-1 (C) for a write-in candidate, the date of the
17-2 election at which the candidate's name is written in;
17-3 (D) for a party nominee who is nominated by any
17-4 method other than by primary election, the date the nomination is
17-5 made; and
17-6 (E) for an appointee to an office, the date the
17-7 appointment is made; and
17-8 (6) satisfy any other eligibility requirements
17-9 prescribed by law for the office.
17-10 SECTION 7. Section 145.003(b), Election Code, is amended to
17-11 read as follows:
17-12 (b) A candidate in the general election for state and county
17-13 officers, including the nonpartisan judicial election, may be
17-14 declared ineligible before the 30th day preceding election day by:
17-15 (1) the party officer responsible for certifying the
17-16 candidate's name for placement on the general election ballot, in
17-17 the case of a candidate who is a political party's nominee; or
17-18 (2) the authority with whom the candidate's
17-19 application for a place on the ballot is required to be filed, in
17-20 the case of an independent candidate or a nonpartisan judicial
17-21 candidate.
17-22 SECTION 8. Section 146.021, Election Code, is amended to
17-23 read as follows:
17-24 Sec. 146.021. Applicability of Subchapter. This subchapter
17-25 applies to a write-in candidate for an office that is to be voted
17-26 on at the general election for state and county officers, including
17-27 the nonpartisan judicial election.
18-1 SECTION 9. Section 172.024(a), Election Code, is amended to
18-2 read as follows:
18-3 (a) The filing fee for a candidate for nomination in the
18-4 general primary election is as follows:
18-5 (1) United States senator ..................... $4,000
18-6 (2) office elected statewide, except United States
18-7 senator .................................. 3,000
18-8 (3) United States representative ............... 2,500
18-9 (4) state senator .............................. 1,000
18-10 (5) state representative ......................... 600
18-11 (6) member, State Board of Education ............. 250
18-12 (7) <chief justice or justice, court of appeals,
18-13 other than a justice specified by
18-14 Subdivision (8) .......................... 1,500>
18-15 <(8) chief justice or justice of a court of appeals
18-16 that serves a court of appeals district in which
18-17 a county with a population of more than 850,000
18-18 is wholly or partly situated ............. 2,000>
18-19 <(9) district judge or judge specified by Section
18-20 52.092(d) for which this schedule does not
18-21 otherwise prescribe a fee ................ 1,200>
18-22 <(10) district or criminal district judge of a
18-23 court in a judicial district wholly contained
18-24 in a county with a population of more than
18-25 850,000 ................................. 2,000>
18-26 <(11) judge, statutory county court, other than a
18-27 judge specified by Subdivision (12) ..... 1,200>
19-1 <(12) judge of a statutory county court in a county
19-2 with a population of more than 850,000 .. 2,000>
19-3 <(13)> district attorney, criminal district attorney,
19-4 or county attorney performing the duties of a
19-5 district attorney ....................... 1,000
19-6 (8) <(14)> county commissioner or judge,
19-7 constitutional county court:
19-8 (A) county with a population of 200,000 or
19-9 more ............................... 1,000
19-10 (B) county with a population of under
19-11 200,000 .............................. 600
19-12 (9) <(15) justice of the peace or> constable:
19-13 (A) county with a population of 200,000 or
19-14 more ................................. 800
19-15 (B) county with a population of under
19-16 200,000 .............................. 300
19-17 (10) <(16)> county surveyor, inspector of hides and
19-18 animals, or public weigher ................. 50
19-19 (11) <(17)> office of the county government for which
19-20 this schedule does not otherwise prescribe a
19-21 fee ....................................... 600
19-22 SECTION 10. Section 202.002, Election Code, is amended to
19-23 read as follows:
19-24 Sec. 202.002. Vacancy Filled at General Election. (a) If a
19-25 vacancy occurs on or before the 65th day before the date of the
19-26 general election for state and county officers, or on or before the
19-27 62nd day before the date of the general primary election in the
20-1 case of a nonpartisan judicial office, held in the next-to-last
20-2 even-numbered year of a term of office, the remainder of the
20-3 unexpired term shall be filled at the next general election for
20-4 state and county officers, as provided by this chapter.
20-5 (b) If a vacancy occurs after the 65th day before a general
20-6 election day, or after the 62nd day before a general primary
20-7 election day in the case of a nonpartisan judicial office, an
20-8 election for the unexpired term may not be held at that general
20-9 election. The appointment to fill the vacancy continues until the
20-10 next succeeding general election and until a successor has been
20-11 elected and has qualified for the office.
20-12 SECTION 11. Chapter 202, Election Code, is amended by adding
20-13 Section 202.008 to read as follows:
20-14 Sec. 202.008. Filing deadline for application of nonpartisan
20-15 judicial candidate. (a) A nonpartisan judicial candidate for an
20-16 unexpired term must file the application for a place on the ballot
20-17 not later than the applicable deadline for a candidate for an
20-18 unexpired term in the general primary election.
20-19 (b) The filing fee or petition requirements for a candidate
20-20 for an unexpired term are the same as for a candidate for a full
20-21 term.
20-22 SECTION 12. This Act takes effect September 1, 1993.
20-23 SECTION 13. The importance of this legislation and the
20-24 crowded condition of the calendars in both houses create an
20-25 emergency and an imperative public necessity that the
20-26 constitutional rule requiring bills to be read on three several
20-27 days in each house be suspended, and this rule is hereby suspended.