By Duncan, Stiles H.B. No. 810
74R2975 GGS/RJA-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the appointment of appellate justices and judges and to
1-3 retention elections for those justices and judges.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 22, Government Code, is amended by adding
1-6 Subchapter E to read as follows:
1-7 SUBCHAPTER E. SELECTION AND RETENTION OF CERTAIN
1-8 JUDICIAL OFFICERS
1-9 Sec. 22.401. Definition. In this subchapter, "commission"
1-10 means the court commission.
1-11 Sec. 22.402. Commission. The court commission is composed
1-12 of five citizens of this state who hold no other office of trust or
1-13 profit under the United States, this state, or any other
1-14 government, appointed as follows:
1-15 (1) one person appointed by the chief justice of the
1-16 supreme court with the advice and consent of the senate;
1-17 (2) one person appointed by the presiding judge of the
1-18 court of criminal appeals with the advice and consent of the
1-19 senate; and
1-20 (3) three persons appointed by the governor with the
1-21 advice and consent of the senate.
1-22 Sec. 22.403. Appointments to Commission. (a) Appointing
1-23 authorities shall make appointments to the commission in a manner
1-24 that ensures that the commission is representative of the race,
2-1 sex, national origin, ethnicity, and geographical distribution of
2-2 the citizens of this state.
2-3 (b) If the commission is considering nominations to a
2-4 vacancy in an office of chief justice or justice of a court of
2-5 appeals in a court of appeals district in which no commission
2-6 member resides, the governor shall designate a resident of that
2-7 court of appeals district to advise the commission in considering
2-8 nominees for that vacancy. A person designated under this
2-9 subsection serves until the vacancy in relation to which the person
2-10 was designated is filled. Section 22.407 applies to a person
2-11 designated under this subsection as if the person were a member of
2-12 the commission.
2-13 Sec. 22.404. Terms of Office. Members of the commission
2-14 serve staggered two-year terms. A member who has served two full
2-15 terms is not eligible for appointment to an additional full or
2-16 unexpired term. A vacancy on the commission is filled by the
2-17 original appointing authority for that position for the remainder
2-18 of the term.
2-19 Sec. 22.405. Chair. The governor shall designate the chair
2-20 of the commission from its members.
2-21 Sec. 22.406. Meetings; Records. (a) Meetings shall be held
2-22 at times and places as may be designated by the chair or by any
2-23 three members of the commission. Meetings of the commission are
2-24 subject to Chapter 551.
2-25 (b) Commission records are subject to Chapter 552.
2-26 Sec. 22.407. Conflicts of Interest; Communications. (a) A
2-27 member of the commission shall disclose to all other members of the
3-1 commission all personal and business relationships with a
3-2 prospective nominee that may influence the member's decision. If a
3-3 substantial conflict of interest is apparent, the member shall
3-4 disqualify himself or herself from voting on further consideration
3-5 of any affected prospective nominee or the commission, by a
3-6 two-thirds vote of the membership of the commission, may disqualify
3-7 the member.
3-8 (b) An individual member who receives a written
3-9 communication relating to a candidate for judicial office shall
3-10 forward the communication to all other members of the commission.
3-11 An individual member shall prepare and forward to all other members
3-12 a summary of any oral conversations the individual member has
3-13 concerning any candidate under consideration by the commission.
3-14 Communications forwarded under this subsection are confidential and
3-15 may not be disclosed to any person not a member of the commission.
3-16 The governor may not initiate any communication directly or
3-17 indirectly with an individual member of the commission concerning a
3-18 candidate for a judicial vacancy and may not respond to any inquiry
3-19 by any individual member of the commission concerning a candidate.
3-20 Sec. 22.408. RULES. The commission shall adopt rules under
3-21 which the commission operates.
3-22 Sec. 22.409. Appropriations. The legislature shall provide
3-23 the necessary appropriations for operation of the commission,
3-24 including any compensation for the members.
3-25 Sec. 22.410. LIST OF NOMINEES. (a) When a vacancy occurs
3-26 in the office of a supreme court justice, a court of criminal
3-27 appeals judge, or a court of appeals justice, the commission shall
4-1 submit to the governor a list of three nominees eligible to hold
4-2 the office. The commission shall list the names of the nominees in
4-3 alphabetical order without comment or ranking. The governor may
4-4 reject all names on any list submitted by the commission and
4-5 require a new list to be submitted.
4-6 (b) The commission shall hold a public hearing to take
4-7 public testimony regarding the proposed nominees before it submits
4-8 the list to the governor and shall submit a record of the hearing
4-9 with the list.
4-10 (c) Prospective nominees or the governor or other third
4-11 parties may submit names to the commission for nomination, but
4-12 applications must contain a consent to the appointment and are
4-13 public information on receipt by the commission.
4-14 (d) Except as provided by Subsection (e), the commission
4-15 shall submit the list and record to the governor not later than the
4-16 60th day after the date a vacancy occurs.
4-17 (e) If a vacancy is to occur at the beginning of the
4-18 succeeding term because an incumbent does not seek retention or an
4-19 incumbent seeking retention withdraws from the retention election
4-20 ballot as provided by Chapter 292, Election Code, the commission
4-21 shall submit the list and record to the governor not later than the
4-22 subsequent December 1.
4-23 Sec. 22.411. APPOINTMENT BY GOVERNOR. (a) The governor
4-24 shall appoint a person to fill a vacancy from a list of nominees
4-25 submitted to the governor by the commission to fill that particular
4-26 vacancy.
4-27 (b) If the commission does not submit a list and record
5-1 within the period provided by Section 22.410, the governor may
5-2 appoint any qualified person.
5-3 Sec. 22.412. FEWER THAN THREE NOMINEES. The commission may
5-4 submit a list of fewer than three nominees to fill a vacancy if 12
5-5 members of the commission sign a certification that there are not
5-6 three qualified, eligible nominees for the vacancy. The
5-7 certification must be a part of the list of nominees submitted to
5-8 the governor.
5-9 Sec. 22.413. Commission Member Ineligible. A member of the
5-10 commission is not eligible for appointment to a state judicial
5-11 office during the term for which appointed and for three years
5-12 after the date the term expires.
5-13 Sec. 22.414. SUBJECT TO RETENTION ELECTION. A justice or
5-14 judge appointed to a term as provided by this subchapter is subject
5-15 to retention or rejection on a nonpartisan ballot at the last
5-16 general election for state and county officers to be held before
5-17 the date the justice's or judge's term expires. If an appellate
5-18 justice or judge is retained, the justice or judge, unless removed
5-19 as provided by law, serves a regular six-year term beginning
5-20 January 1 following the retention election.
5-21 Sec. 22.415. EFFECT OF RETENTION VOTE. (a) If a majority
5-22 of the votes received on the question are for the retention of the
5-23 justice or judge, the person is entitled to remain in office for a
5-24 regular term of six years beginning on the first day of the
5-25 following January, unless the person becomes ineligible or is
5-26 removed as provided by law.
5-27 (b) If less than a majority of the votes received on the
6-1 question are for retention, a vacancy in the office exists on the
6-2 first day of the following January, and the vacancy shall be filled
6-3 in the regular manner.
6-4 (c) If the name of a justice or judge seeking retention
6-5 appears on the retention election ballot under Chapter 292,
6-6 Election Code, although a vacancy has occurred in the office, the
6-7 retention election for that office has no effect and the vacancy
6-8 shall be filled in the regular manner.
6-9 SECTION 2. Section 41.002, Election Code, is amended to read
6-10 as follows:
6-11 Sec. 41.002. GENERAL ELECTION FOR STATE AND COUNTY OFFICERS.
6-12 The general election for state and county officers, including the
6-13 nonpartisan judicial election, shall be held on the first Tuesday
6-14 after the first Monday in November in even-numbered years.
6-15 SECTION 3. The Election Code is amended by adding Title 17
6-16 to read as follows:
6-17 TITLE 17. NONPARTISAN JUDICIAL ELECTIONS
6-18 CHAPTER 292. RETENTION ELECTION
6-19 Sec. 292.001. Declaration of Candidacy. (a) Not later than
6-20 5 p.m. on June 1 preceding the nonpartisan judicial election at
6-21 which the justice or judge is subject to retention or rejection, a
6-22 justice or judge who seeks to continue to serve in that office
6-23 must file with the secretary of state a declaration of candidacy to
6-24 succeed to the next term.
6-25 (b) A declaration may not be filed earlier than the 30th day
6-26 before the date of the filing deadline. A declaration filed by
6-27 mail is considered to be filed at the time of its receipt by the
7-1 appropriate authority.
7-2 (c) The filling of the office for which a declaration of
7-3 candidacy is not filed is covered by Chapter 22, Government Code.
7-4 Sec. 292.002. Withdrawal, Death, or Ineligibility. (a)
7-5 With respect to withdrawal, death, or ineligibility of a candidate
7-6 in a retention election, this section supersedes Subchapter A,
7-7 Chapter 145, to the extent of any conflict.
7-8 (b) A candidate may not withdraw from the retention election
7-9 after the 65th day before election day.
7-10 (c) A withdrawal request must be filed with the authority
7-11 with whom the withdrawing candidate's declaration of candidacy is
7-12 required to be filed.
7-13 (d) A candidate's name shall be omitted from the retention
7-14 election ballot if the candidate withdraws, dies, or is declared
7-15 ineligible on or before the 65th day before election day.
7-16 (e) If a candidate who has made a declaration of candidacy
7-17 that complies with the applicable requirements dies or is declared
7-18 ineligible after the 65th day before election day, the candidate's
7-19 name shall be placed on the retention election ballot.
7-20 (f) The filling of the office following implementation of
7-21 Subsection (d) or (e) is covered by Chapter 22, Government Code.
7-22 Sec. 292.003. Certification of Names for Placement on
7-23 Retention Election Ballot. (a) Except as provided by Subsection
7-24 (c), the secretary of state shall certify in writing for placement
7-25 on the retention election ballot the name of each candidate who
7-26 files with the secretary a declaration of candidacy that complies
7-27 with Section 292.001.
8-1 (b) Not later than the 55th day before election day, the
8-2 secretary of state shall deliver the certification to the authority
8-3 responsible for having the official ballot prepared in each county
8-4 in which the candidate's name is to appear on the ballot.
8-5 (c) A candidate's name may not be certified if, before
8-6 delivering the certification, the secretary of state learns that
8-7 the name is to be omitted from the ballot under Section 292.002.
8-8 Sec. 292.004. Retention Election Ballot. The name of the
8-9 person subject to retention or rejection shall be submitted to the
8-10 voters on the nonpartisan judicial election ballot following the
8-11 offices subject to election under the heading "Retention of
8-12 Nonpartisan Judicial Offices," in substantially the following form:
8-13 "Shall (Justice or Judge)__________________________
8-14 ___________________________________________________
8-15 be retained in office as (justice or judge) of the
8-16 (name of court)__________________________________?"
8-17 ____"Yes"
8-18 ____"No"
8-19 Sec. 292.005. General Procedure for Conduct of Retention
8-20 Election. (a) Except as otherwise provided by this code, the
8-21 retention election shall be conducted and the results canvassed,
8-22 tabulated, and reported in the manner applicable to partisan
8-23 offices in the general election for state and county officers.
8-24 (b) A certificate of election shall be issued to a retained
8-25 officer in the same manner as provided for a candidate elected to
8-26 the office.
8-27 Sec. 292.006. WRITE-IN VOTING PROHIBITED. Write-in voting
9-1 is not permitted in a retention election.
9-2 Sec. 292.007. Political Contributions and Expenditures. A
9-3 candidate for retention of a judicial office is subject to Title 15
9-4 and shall comply with that title in the same manner as a candidate
9-5 for election to the office.
9-6 Sec. 292.008. Applicability of Other Parts of Code. The
9-7 other titles of this code apply to a retention election under this
9-8 chapter except provisions that are inconsistent with this title or
9-9 that cannot feasibly be applied in a retention election.
9-10 Sec. 292.009. Additional Procedures. The secretary of state
9-11 shall prescribe any additional procedures necessary for the orderly
9-12 and proper administration of elections held under this chapter.
9-13 SECTION 4. Section 1.005, Election Code, is amended by
9-14 amending Subdivision (9) and by adding Subdivisions (25) and (26)
9-15 to read as follows:
9-16 (9) "Independent candidate" means a candidate in a
9-17 nonpartisan election or a candidate in a partisan election who is
9-18 not the nominee of a political party. The term does not include a
9-19 nonpartisan judicial candidate.
9-20 (25) "Nonpartisan judicial election" means an election
9-21 held under Title 17.
9-22 (26) "Nonpartisan judicial candidate" means a
9-23 candidate in a nonpartisan judicial election.
9-24 SECTION 5. Section 52.092, Election Code, is amended to read
9-25 as follows:
9-26 Sec. 52.092. Offices Regularly Filled at General Election
9-27 for State and County Officers. (a) For an election at which
10-1 offices regularly filled at the general election for state and
10-2 county officers, including the nonpartisan judicial election, are
10-3 to appear on the ballot, the offices shall be listed in the
10-4 following order:
10-5 (1) offices of the federal government;
10-6 (2) offices of the state government:
10-7 (A) statewide offices;
10-8 (B) district offices;
10-9 (3) offices of the county government:
10-10 (A) county offices;
10-11 (B) precinct offices.
10-12 (b) Offices of the federal government shall be listed in the
10-13 following order:
10-14 (1) president and vice-president of the United States;
10-15 (2) United States senator;
10-16 (3) United States representative.
10-17 (c) Statewide offices of the state government shall be
10-18 listed in the following order:
10-19 (1) governor;
10-20 (2) lieutenant governor;
10-21 (3) attorney general;
10-22 (4) comptroller of public accounts;
10-23 (5) state treasurer;
10-24 (6) commissioner of the General Land Office;
10-25 (7) commissioner of agriculture;
10-26 (8) railroad commissioner<;>
10-27 <(9) chief justice, supreme court;>
11-1 <(10) justice, supreme court;>
11-2 <(11) presiding judge, court of criminal appeals;>
11-3 <(12) judge, court of criminal appeals>.
11-4 (d) District offices of the state government shall be listed
11-5 in the following order:
11-6 (1) member, State Board of Education;
11-7 (2) state senator;
11-8 (3) state representative;
11-9 <(4) chief justice, court of appeals;>
11-10 <(5) justice, court of appeals;>
11-11 (4) <(6)> district judge;
11-12 (5) <(7)> criminal district judge;
11-13 (6) <(8)> family district judge;
11-14 (7) <(9)> district attorney;
11-15 (8) <(10)> criminal district attorney.
11-16 (e) County offices shall be listed in the following order:
11-17 (1) county judge;
11-18 (2) judge, county court at law;
11-19 (3) judge, county criminal court;
11-20 (4) judge, county probate court;
11-21 (5) county attorney;
11-22 (6) district clerk;
11-23 (7) district and county clerk;
11-24 (8) county clerk;
11-25 (9) sheriff;
11-26 (10) sheriff and tax assessor-collector;
11-27 (11) county tax assessor-collector;
12-1 (12) county treasurer;
12-2 (13) county school trustee (county with population of
12-3 two million or more);
12-4 (14) county surveyor;
12-5 (15) inspector of hides and animals.
12-6 (f) Precinct offices shall be listed in the following order:
12-7 (1) county commissioner;
12-8 (2) justice of the peace;
12-9 (3) constable;
12-10 (4) public weigher.
12-11 (g) The nonpartisan judicial offices shall be listed in the
12-12 following order:
12-13 (1) chief justice, supreme court;
12-14 (2) justice, supreme court;
12-15 (3) presiding judge, court of criminal appeals;
12-16 (4) judge, court of criminal appeals;
12-17 (5) chief justice, court of appeals;
12-18 (6) justice, court of appeals.
12-19 (h) <(g)> If two or more offices having the same title
12-20 except for a place number or other distinguishing number are to
12-21 appear on the ballot, the number shall appear as part of the office
12-22 title and the offices shall be listed in numerical order.
12-23 (i) <(h)> The secretary of state shall assign a place number
12-24 to each position for which a retention <to be filled at the
12-25 general> election is to be held for <state and county officers for
12-26 each full or unexpired term in> the following offices:
12-27 (1) justice, supreme court;
13-1 (2) judge, court of criminal appeals; and
13-2 (3) justice, court of appeals in a court having a
13-3 membership in excess of three, if distinguishing the positions to
13-4 be filled is necessary.
13-5 (j) <(i)> The secretary of state shall designate the
13-6 position of new offices on the ballot.
13-7 (k) <(j)> The office of judge of a multicounty statutory
13-8 county court created under Subchapter D, Chapter 25, Government
13-9 Code, is considered to be a county office for purposes of listing
13-10 the office on the ballot and to be a district office for all other
13-11 purposes under this code.
13-12 SECTION 6. Section 145.003(b), Election Code, is amended to
13-13 read as follows:
13-14 (b) A candidate in the general election for state and county
13-15 officers, including the nonpartisan judicial election, may be
13-16 declared ineligible before the 30th day preceding election day by:
13-17 (1) the party officer responsible for certifying the
13-18 candidate's name for placement on the general election ballot, in
13-19 the case of a candidate who is a political party's nominee; or
13-20 (2) the authority with whom the candidate's
13-21 application for a place on the ballot or declaration of candidacy
13-22 is required to be filed, in the case of an independent candidate or
13-23 a nonpartisan judicial candidate, as applicable.
13-24 SECTION 7. Section 145.005(a), Election Code, is amended to
13-25 read as follows:
13-26 (a) If the name of a deceased or ineligible candidate
13-27 appears on the ballot <under this chapter>, the votes cast for the
14-1 candidate shall be counted and entered on the official election
14-2 returns in the same manner as for the other candidates.
14-3 SECTION 8. Sections 172.021(c) and (e), Election Code, are
14-4 amended to read as follows:
14-5 (c) An application filed by mail is considered to be filed
14-6 at the time of its receipt by the appropriate authority.
14-7 (e) A candidate for an office specified by Section
14-8 172.024(a)(8) or<,> (10)<, or (12)>, or for justice of the peace in
14-9 a county with a population of more than one million <850,000>, who
14-10 chooses to pay the filing fee must also accompany the application
14-11 with a petition that complies with the requirements prescribed for
14-12 the petition authorized by Subsection (b), except that the minimum
14-13 number of signatures that must appear on the petition required by
14-14 this subsection is 250. If the candidate chooses to file the
14-15 petition authorized by Subsection (b) instead of the filing fee,
14-16 the minimum number of signatures required for that petition is
14-17 increased by 250. Signatures on a petition filed under this
14-18 subsection or Subsection (b) by a candidate covered by this
14-19 subsection may not be obtained on the grounds of a county
14-20 courthouse or courthouse annex.
14-21 SECTION 9. Section 172.024(a), Election Code, is amended to
14-22 read as follows:
14-23 (a) The filing fee for a candidate for nomination in the
14-24 general primary election is as follows:
14-25 (1) United States senator ..................... $4,000
14-26 (2) office elected statewide, except United States
14-27 senator .................................... 3,000
15-1 (3) United States representative ............... 2,500
15-2 (4) state senator .............................. 1,000
15-3 (5) state representative ......................... 600
15-4 (6) member, State Board of Education ............. 250
15-5 <(7) chief justice or justice, court of appeals, other
15-6 than a justice specified by Subdivision (8)
15-7 .......................................... 1,500>
15-8 <(8) chief justice or justice of a court of appeals
15-9 that serves a court of appeals district in which
15-10 a county with a population of more than 850,000
15-11 is wholly or partly situated ............ 2,000>
15-12 (7) <(9)> district judge or judge specified by Section
15-13 52.092(d) for which this schedule does not
15-14 otherwise prescribe a fee ................ 1,200
15-15 (8) <(10)> district or criminal district judge of a
15-16 court in a judicial district wholly contained in
15-17 a county with a population of more than one
15-18 million <850,000> ........................ 2,000
15-19 (9) <(11)> judge, statutory county court, other than a
15-20 judge specified by Subdivision (10) <(12)>
15-21 .......................................... 1,200
15-22 (10) <(12)> judge of a statutory county court in a
15-23 county with a population of more than one
15-24 million <850,000> ........................ 2,000
15-25 (11) <(13)> district attorney, criminal district
15-26 attorney, or county attorney performing the
15-27 duties of a district attorney ............ 1,000
16-1 (12) <(14)> county commissioner or judge,
16-2 constitutional county court:
16-3 (A) county with a population of 200,000
16-4 or more ............................... 1,000
16-5 (B) county with a population of under
16-6 200,000 ................................. 600
16-7 (13) <(15)> justice of the peace or constable:
16-8 (A) county with a population of 200,000
16-9 or more ................................. 800
16-10 (B) county with a population of under
16-11 200,000 ................................. 300
16-12 (14) <(16)> county surveyor, inspector of hides and
16-13 animals, or public weigher .................... 50
16-14 (15) <(17)> office of the county government for
16-15 which this schedule does not otherwise
16-16 prescribe a fee ............................. 600
16-17 SECTION 10. (a) Each supreme court justice, court of
16-18 criminal appeals judge, and court of appeals justice in office
16-19 January 1, 1996, unless otherwise removed as provided by law,
16-20 continues in office for the term to which elected.
16-21 (b) Each supreme court justice, court of criminal appeals
16-22 judge, and court of appeals justice who is in office January 1,
16-23 1996, is subject to retention or rejection, in the manner provided
16-24 by law, at the general election preceding the expiration of the
16-25 regular or unexpired term for which each was elected or appointed.
16-26 A vacancy does not exist in those offices until the expiration of
16-27 the term of the person who held the office January 1, 1996, or
17-1 until that person does not hold the office, whichever occurs first.
17-2 SECTION 11. (a) This Act takes effect only if the
17-3 constitutional amendment proposed by the 74th Legislature, Regular
17-4 Session, 1995, relating to the appointment of appellate justices
17-5 and judges by the governor and to retention elections on a
17-6 nonpartisan ballot of those justices and judges is adopted. If the
17-7 amendment is adopted, this Act takes effect January 1, 1996.
17-8 (b) The initial members of the commission created by this
17-9 Act shall be appointed for terms beginning January 1, 1996. In
17-10 making the initial appointments, the governor, chief justice of the
17-11 supreme court, and presiding judge of the court of criminal appeals
17-12 shall act together as a selection committee to ensure compliance
17-13 with Subchapter E, Chapter 22, Government Code, as added by this
17-14 Act.
17-15 (1) The following persons serve initial one-year
17-16 terms:
17-17 (A) one person appointed by the governor; and
17-18 (B) one person appointed by the chief justice of
17-19 the supreme court.
17-20 (2) The following persons serve initial two-year
17-21 terms:
17-22 (A) two persons appointed by the governor; and
17-23 (B) one person appointed by the presiding judge
17-24 of the court of criminal appeals.
17-25 SECTION 12. The importance of this legislation and the
17-26 crowded condition of the calendars in both houses create an
17-27 emergency and an imperative public necessity that the
18-1 constitutional rule requiring bills to be read on three several
18-2 days in each house be suspended, and this rule is hereby suspended.