BILL ANALYSIS
S.B. 313
By: Ellis (Alonzo/Thompson)
C.S.S.B. 313
By: Alonzo/Thompson
5-3-95
Committee Report (Substituted)
BACKGROUND
Countywide, multidistrict at-large elections in urban areas
exist now only in the context of judicial elections. Such election
systems have been traditionally employed in order to dilute
minority voting strength and to deny racial minorities the ability
to elect candidates of their choice. Texas is currently defending
a number of suits challenging countywide, multidistrict, at-large
elections for judicial candidates in urban areas.
Because of its rich history of racial discrimination and voter
intimidation, Texas is subject to Section 5 of the federal Voting
Rights Act, which requires Texas to preclear changes in its
elections system to ensure that racial minority voting strength is
not diluted. The U.S. Justice Department has refused to preclear
any new countywide, multidistrict, urban district or county courts
in Texas since 1989.
Multimember judicial districts are specifically authorized by
the Texas Constitution, although none exist at present.
It is the opinion of this committee that this bill does not
violate the federal Voting Rights Act or the Texas Constitution.
PURPOSE
This bill would require district judges in certain urban
counties to be elected from election subdistricts.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not grant
any additional rulemaking authority to a state officer, department,
institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Application of the act and legislative findings.
SECTION 2 adds new Section 24.0015 to the Government Code to
provide that residency in an election subdistrict is not required.
SECTION 3 adds new Sections 24.523-24.530 to the Government
Code, effective January 1, 1997.
New Sec. 24.523 establishes a new 11th Judicial District
composed of Harris County with 25 judges elected by state
representative districts.
New Sec. 24.524 creates a new 14th Judicial District
composed of Dallas County with 7 judges elected by state
representative district.
New Sec. 24.525 creates a new 17th Judicial District
composed of Tarrant County with 11 judges elected by state
representative district or pairs of state representative
districts.
New Sec. 24.526 creates a new 37th Judicial District
composed of Bexar County with 6 judges elected by commissioner
precinct or state representative district.
New Sec. 24.527 creates a new 60th Judicial District
composed of Jefferson County with 2 judges elected by state
representative district.
New Sec. 24.528 creates a new 99th Judicial District
composed of Lubbock County with 3 judges elected by county
commissioners precinct.
New Sec. 24.529 creates a new 70th Judicial District
composed of Ector County with 2 judges elected by county
commissioners precinct.
New Sec. 24.530 creates a new 142nd Judicial District
composed of Midland County with 2 judges elected by county
commissioners precinct.
SECTION 4 amends new Section 24.523 to the Government Code,
added by Section 3, effective January 1, 1999, to provide that the
judicial district composed of Harris County elects 60 judges, two
from each state representative district and two from each group of
five state representative districts.
SECTION 5 amends new Section 24.524 to the Government Code,
added by Section 3, effective January 1, 1999, to provide that the
judicial district composed of Dallas County elects 40 judges, two
from each state representative district and one from each pair of
state representative districts.
SECTION 6 amends new Section 24.525 to the Government Code,
added by Section 3, effective January 1, 1999, to provide that the
judicial district composed of Tarrant County elects 25 judges, two
from each state representative district and one from each pair of
state representative districts.
SECTION 7 amends new Section 24.526 to the Government Code,
added by Section 3, effective January 1, 1999, to provide that the
judicial district composed of Bexar County elects 19 judges, one
from each state representative district and two from each
commissioners precinct.
SECTION 8 amends new Section 24.527 to the Government Code,
added by Section 3, effective January 1, 1999, to provide that the
judicial district composed of Jefferson County elects 8 judges, one
from each commissioners precinct, two from state representative
district 22 and two from state representative district 21 and that
part of state representative district 19 in Jefferson County.
SECTION 9 amends new Section 24.528 to the Government Code,
added by Section 3, effective January 1, 1999, to provide that the
new 99th judicial district is composed of Lubbock and Crosby
Counties and elects 6 judges, one each from a Lubbock County
commissioners precinct, one from state representative 83 and one
from state representative district 84 and Crosby County.
SECTION 10 amends new Section 24.529 to the Government Code,
added by Section 3, effective January 1, 1999, to provide that the
judicial district composed of Ector County elects 4 judges, one
from each county commissioners precinct.
SECTION 11 amends new Section 24.530 to the Government Code,
added by Section 3, effective January 1, 1999, to provide that the
judicial district composed of Midland County elects 4 judges, one
from each county commissioners precinct.
SECTION 12 abolishes all judicial districts in Bexar, Dallas,
Ector, Harris, Jefferson, Lubbock, Midland and Tarrant counties
which have judges whose terms expire January 1, 1997.
SECTION 13 abolishes all judicial districts in Bexar, Dallas,
Ector, Harris, Jefferson, Lubbock, Midland and Tarrant counties
which have judges whose terms expire January 1, 1999.
SECTION 14. Application of the act.
Subsec. (a) provides that judicial districts created by
Section 3 exist for the purposes of the 1996 primary and
general elections.
Subsec. (b) provides for the transfer of cases.
Subsec. (c) provides that judicial offices created by
Sections 4-11 exist for the purposes of the 1998 primary and
general elections.
Subsec. (d) provides for the transfer of cases.
Subsec. (e) provides for transfer of a court's
authority.
SECTION 15. Effective dates.
SECTION 16. Emergency clause.
COMPARISON OF ORIGINAL TO SUBSTITUTE
The original bill affected district judges only in Bexar,
Dallas, Harris and Tarrant counties. It provided for initial
nonpartisan elections for district judges in those counties from
commissioner precincts with the subsequent two reelections by
unopposed countywide retention elections. Incumbent district
judges in those counties were authorized to run for reelection for
their next two terms in unopposed countywide retention elections.
The substitute requires district judges in Bexar, Dallas, Ector,
Harris, Jefferson, Lubbock, Midland, and Tarrant Counties to run
from election subdistricts composed of state representative
districts, groups of state representative districts or commissioner
precincts; there are no provisions for nonpartisan or retention
elections.
The original bill assigned current judicial districts in
Bexar, Dallas, Harris and Tarrant Counties to be assigned by lot to
particular commissioner precincts. The substitute abolishes all
judicial districts in Bexar, Dallas, Ector, Harris, Jefferson,
Lubbock, Midland, and Tarrant Counties and creates one countywide
judicial district for each county (and one for Lubbock and Crosby
County), with subdistricts (places) for the purpose of elections.
The original bill created eight new courts (1 in Harris, 3 in
Dallas, 1 in Bexar and 3 in Tarrant); the substitute creates four
new courts (1 in Harris and 3 in Dallas) and returns a
legislatively-approved court (which failed to preclear under
Section 5 of the Voting Rights Act) to Midland County.
The original bill established voter information pamphlets and
their distribution. This does not appear in the substitute.
The original bill authorized the appointment of appellate
judges with unopposed, districtwide retention elections for
reelection; incumbent judges were allowed to run for reelection in
unopposed districtwide retention elections. The substitute does
not address appellate judges.
Section 1 in the substitute provides for the application of
subdistrict elections to district courts in counties named in this
Act and legislative findings. Section 1 in the original bill
created a new Subchapter E of the Government Code, Appointment and
Retention of Certain Judicial Officers.
Section 2 of the substitute provides for residency
requirements of judicial candidates elected from an area that is
smaller than a county. Section 2 of the original bill required
district judges in Bexar, Dallas, Harris and Tarrant counties to be
elected by commissioner precinct in nonpartisan elections.
Unopposed countywide retention elections would be used to reelect
(1) current incumbent judges and (2) judges elected initially in a
nonpartisan election from a commissioner precinct. A judge who had
been reelected at two consecutive retention elections would be
required to run for reelection in a nonpartisan election from a
commissioner precinct.
Section 3 of the substitute requires judicial offices with
terms that expire in 1996 to be elected from election subdistricts
in Bexar, Dallas, Ector, Harris, Jefferson, Lubbock, Midland, and
Tarrant counties, and creates one multijudge judicial district for
each of those counties. Section 3 of the original bill allowed any
party to a case to object to a judge elected in a nonpartisan
election from a commissioners precinct.
Section 4 of the substitute places all the district judicial
offices in Harris County, the terms of which expire in 1998, in the
Harris County judicial district and creates election subdistricts
for each of the judges; one additional court is also created.
Section 4 of the original bill created new countywide judicial
districts in Bexar (1 new court), Dallas (3 new courts), Harris (1
new court) and Tarrant (3 new courts) counties.
Section 5 of the substitute places all the district judicial
offices in Dallas County, the terms of which expire in 1998, in the
Dallas County judicial district and creates election subdistricts
for each of the judges; three additional courts are created.
Section 5 of the original bill provides that nonpartisan judicial
elections will be held on the November general election with
runoffs to be held the first Tuesday after the first Monday in
December.
Section 6 of the substitute places all the district judicial
offices in Tarrant County, the terms of which expire in 1998, in
the Tarrant County judicial district and creates election
subdistricts for each of the judges. Section 6 of the original
bill creates a new Title 17 in the Election Code, Nonpartisan
Judicial Elections, specifying the procedures, rules, required
votes, petition requirements, petition filing, filing fees,
withdrawals, conduct of nonpartisan and retention elections, and
voter information pamphlets.
Section 7 of the substitute places all the district judicial
offices in Bexar County, the terms of which expire in 1998, in the
Bexar County judicial district and creates election subdistricts
for each of the judges. Section 7 of the original bill defines
"nonpartisan judicial election" and "nonpartisan judicial
candidate."
Section 8 of the substitute places all the district judicial
offices in Jefferson County, the terms of which expire in 1998, in
the Jefferson County judicial district and creates election
subdistricts for each of the judges. Section 8 of the original
bill includes nonpartisan judicial elections in Government Code
Sec. 52.092, Offices Regularly Filled at General Election for State
and County Officers.
Section 9 of the substitute places all the district judicial
offices in Lubbock and Crosby Counties, the terms of which expire
in 1998, in the Lubbock and Crosby Counties judicial district and
creates election subdistricts for each of the judges. Section 9 of
the original bill adds nonpartisan judicial candidates to the
residency requirements of candidates in Election Code §
141.001(a)(5).
Section 10 of the substitute places all the district judicial
offices in Ector County, the terms of which expire in 1998, in the
Ector County judicial district and creates election subdistricts
for each of the judges. Section 10 of the original bill made
conforming changes to the Election Code on nonpartisan judicial
elections and declaration of candidacies.
Section 11 of the substitute places all the district judicial
offices in Midland County, the terms of which expire in 1998, in
the Midland County judicial district and creates election
subdistricts for each of the judges; a previously-passed district
court, held up by a Section 5 preclearance objection, is returned
to Midland County. Section 11 in the original bill made a
conforming change to Election Code § 145.005(a).
Section 12 of the substitute repeals judicials districts in
Bexar, Dallas, Ector, Harris, Jefferson, Lubbock, Midland and
Tarrant counties if the district elects a judge whose term expires
in 1996. Section 12 of the original bill included nonpartisan
judicial elections to the provisions governing write-in candidates.
Section 13 of the substitute repeals judicials districts in
Bexar, Dallas, Ector, Harris, Jefferson, Lubbock, Midland and
Tarrant counties if the district elects a judge whose term expires
in 1998. Section 13 of the original bill made conforming
amendments to Election Code Secs. 172.021(c) and (e).
Section 14 of the substitute is the application of the act.
Section 14 in the original bill deleted primary filing fees for
district and appellate judicial candidates.
Section 15 in the substitute is the effective date of the bill
and specific sections. Section 15 in the original bill made
conforming amendments to Election Code Sec. 202.002, Vacancy Filled
at General Election, and added a new Sec. 202.008, Filing Deadline
for Application of Nonpartisan Judicial Candidate.
Section 16 in the substitute is an emergency clause which is
Section 19 in the original bill.
Sections 16 and 17, providing sections on the application of
the original bill, do not appear in the substitute.
Section 18 in the original bill made the bill contingent upon
passage of a constitutional amendment. This does not appear in the
substitute.
SUMMARY OF COMMITTEE ACTION
Pursuant to an announcement made on the House Floor May 3,
1995, while the House was still in session, the Committee on
Judicial Affairs met in a formal meeting on May 3, 1995. The Chair
laid out S.B. 313. The Chair and Rep. Alonzo, offered a complete
committee substitute for S.B. 313. There being no objection, the
Chair laid out C.S.S.B. 313 and explained the substitute. The
Chair moved adoption of the substitute. There being no objection,
the substitute was adopted. Rep. Willis moved that S.B. 313, as
substituted, be reported favorably back to the full House with the
recommendation that it do pass, be printed and sent to the
Calendars Committee. The motion prevailed by the following record
vote: 5 ayes, 1 nay, 0 PNV and 3 absent.