By Duncan, Stiles H.B. No. 811
74R2976 GGS/RJA-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the nonpartisan election of district judges, to the
1-3 retention or rejection of district judges, and to the creation of
1-4 certain judicial districts.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subchapter A, Chapter 24, Government Code, is
1-7 amended by adding Sections 24.0015, 24.0016, and 24.0017 to read as
1-8 follows:
1-9 Sec. 24.0015. ELECTION FROM COMMISSIONERS COURT PRECINCT IN
1-10 POPULOUS COUNTIES. (a) The judges of the judicial districts
1-11 composed entirely of a county with a population of one million or
1-12 more shall be elected from commissioners court precincts.
1-13 (b) The secretary of state shall supervise the drawing of
1-14 lots to determine the number of the commissioners court precinct
1-15 from which each of the district judges is elected. An equal number
1-16 of district judges shall be elected from each commissioners court
1-17 precinct in a county.
1-18 Sec. 24.0016. ELECTION AND RETENTION CYCLE. (a) Except in
1-19 the case of a vacancy filled by appointment and in the case of an
1-20 incumbent judge seeking to be retained in office, the office of
1-21 district judge is filled by election at the nonpartisan judicial
1-22 election in accordance with Chapter 291, Election Code.
1-23 (b) At the end of a term of office to which a district judge
1-24 is elected, and at the end of the immediately following continuous
2-1 term in that office, the judge is subject to retention or rejection
2-2 by the voters of the judicial district in accordance with Chapter
2-3 292, Election Code.
2-4 (c) At the end of a second continuous term in which a judge
2-5 has been retained in office, the office is filled by election.
2-6 (d) For a judge seeking retention, including a judge elected
2-7 from a commissioners court precinct, the qualified voters of the
2-8 entire judicial district are entitled to vote on the issue of
2-9 retention or rejection.
2-10 (e) If a judge subject to retention or rejection does not
2-11 seek retention as provided by Chapter 292, Election Code, or the
2-12 name of a judge seeking retention is omitted from the retention
2-13 election ballot under that chapter, the succeeding term shall be
2-14 filled at the subsequent nonpartisan judicial election in
2-15 accordance with Chapter 291, Election Code.
2-16 Sec. 24.0017. EFFECT OF RETENTION VOTE. (a) If a majority
2-17 of the votes received on the question are for the retention of the
2-18 judge, the person is entitled to remain in office for a regular
2-19 term of four years beginning on the first day of the following
2-20 January, unless the person becomes ineligible or is removed as
2-21 provided by law.
2-22 (b) If less than a majority of the votes received on the
2-23 question are for retention, a vacancy in the office exists on the
2-24 first day of the following January, and the vacancy shall be filled
2-25 in the regular manner.
2-26 (c) If the name of a deceased or ineligible judge who sought
2-27 retention appears on the retention election ballot under Chapter
3-1 292, Election Code, the retention election for that office has no
3-2 effect and the vacancy existing at the beginning of the succeeding
3-3 term shall be filled in the regular manner.
3-4 SECTION 2. Subchapter C, Chapter 24, Government Code, is
3-5 amended by adding Sections 24.523-24.529 and Section 24.531 to read
3-6 as follows:
3-7 Sec. 24.523. 378TH JUDICIAL DISTRICT (BEXAR COUNTY). The
3-8 378th Judicial District is composed of Bexar County.
3-9 Sec. 24.524. 379TH JUDICIAL DISTRICT (DALLAS COUNTY). The
3-10 379th Judicial District is composed of Dallas County.
3-11 Sec. 24.525. 380TH JUDICIAL DISTRICT (DALLAS COUNTY). The
3-12 380th Judicial District is composed of Dallas County.
3-13 Sec. 24.526. 381ST JUDICIAL DISTRICT (DALLAS COUNTY). The
3-14 381st Judicial District is composed of Dallas County.
3-15 Sec. 24.527. 382ND JUDICIAL DISTRICT (HARRIS COUNTY). The
3-16 382nd Judicial District is composed of Harris County.
3-17 Sec. 24.528. 383RD JUDICIAL DISTRICT (TARRANT COUNTY). The
3-18 383rd Judicial District is composed of Tarrant County.
3-19 Sec. 24.529. 384TH JUDICIAL DISTRICT (TARRANT COUNTY). The
3-20 384th Judicial District is composed of Tarrant County.
3-21 Sec. 24.531. 386TH JUDICIAL DISTRICT (TARRANT COUNTY). The
3-22 386th Judicial District is composed of Tarrant County.
3-23 SECTION 3. Section 41.002, Election Code, is amended to read
3-24 as follows:
3-25 Sec. 41.002. GENERAL ELECTION FOR STATE AND COUNTY OFFICERS.
3-26 The general election for state and county officers, including the
3-27 nonpartisan judicial election, shall be held on the first Tuesday
4-1 after the first Monday in November in even-numbered years.
4-2 SECTION 4. The Election Code is amended by adding Title 17
4-3 to read as follows:
4-4 TITLE 17. NONPARTISAN JUDICIAL ELECTIONS
4-5 CHAPTER 291. NONPARTISAN JUDICIAL ELECTION
4-6 SUBCHAPTER A. NONPARTISAN ELECTION OF JUDGES GENERALLY
4-7 Sec. 291.001. APPLICABILITY OF CHAPTER. This chapter
4-8 applies only to a judicial office required to be elected at the
4-9 nonpartisan judicial election.
4-10 Sec. 291.002. PARTY NOMINATION PROHIBITED. Nomination for a
4-11 nonpartisan judicial office by a political party is prohibited.
4-12 Sec. 291.003. Applicability of Other Parts of Code. The
4-13 other titles of this code apply to a nonpartisan judicial election
4-14 except provisions that are inconsistent with this title or that
4-15 cannot feasibly be applied in a nonpartisan judicial election.
4-16 Sec. 291.004. Additional Procedures. The secretary of state
4-17 shall prescribe any additional procedures necessary for the orderly
4-18 and proper administration of elections held under this chapter.
4-19 (Sections 291.005-291.020 reserved for expansion
4-20 SUBCHAPTER B. APPLICATION FOR PLACE ON BALLOT
4-21 Sec. 291.021. Application Required. (a) To be entitled to
4-22 a place on the nonpartisan judicial election ballot, a candidate
4-23 must make an application for a place on the ballot.
4-24 (b) An application must, in addition to complying with
4-25 Section 141.031, be accompanied by the appropriate filing fee or,
4-26 instead of the filing fee, a petition that satisfies the
4-27 requirements prescribed by Section 141.062.
5-1 (c) An application filed by mail is considered to be filed
5-2 at the time of its receipt by the appropriate authority.
5-3 (d) A candidate for an office specified by Section
5-4 291.024(a)(2) who chooses to pay the filing fee must also accompany
5-5 the application with a petition that complies with the requirements
5-6 prescribed for the petition authorized by Subsection (b), except
5-7 that the minimum number of signatures that must appear on the
5-8 petition required by this subsection is 250. If the candidate
5-9 chooses to file the petition authorized by Subsection (b) instead
5-10 of the filing fee, the minimum number of signatures required for
5-11 that petition is increased by 250. Signatures on a petition filed
5-12 under this subsection or Subsection (b) by a candidate covered by
5-13 this subsection may not be obtained on the grounds of a county
5-14 courthouse or courthouse annex.
5-15 Sec. 291.022. Authority With Whom Application Filed. An
5-16 application for a place on the nonpartisan judicial election ballot
5-17 must be filed with the secretary of state.
5-18 Sec. 291.023. Regular Filing Deadline. (a) An application
5-19 for a place on the nonpartisan judicial election ballot must be
5-20 filed not later than 5 p.m. of the 70th day before election day,
5-21 except as provided by Sections 291.053 and 202.008.
5-22 (b) An application may not be filed earlier than the 30th
5-23 day before the date of the regular filing deadline.
5-24 Sec. 291.024. Filing Fee. (a) The filing fee for a
5-25 nonpartisan judicial candidate is as follows:
5-26 (1) district judge, criminal district judge, or
5-27 family district judge, other than a judge specified by
6-1 Subdivision (2) ........................................... $1,200
6-2 (2) district or criminal district judge of a court in
6-3 a judicial district wholly contained in a county with a population
6-4 of more than one million .................................. $2,000
6-5 (b) A filing fee received by the secretary of state shall be
6-6 deposited in the state treasury to the credit of the general
6-7 revenue fund.
6-8 Sec. 291.025. Number of Petition Signatures Required. The
6-9 minimum number of signatures that must appear on the petition
6-10 authorized by Section 291.021 is the lesser of:
6-11 (1) 500; or
6-12 (2) two percent of the total vote received in the
6-13 district by all the candidates for governor in the most recent
6-14 gubernatorial general election.
6-15 Sec. 291.026. Statement on Petition. The following
6-16 statement must appear at the top of each page of a petition to be
6-17 filed under Section 291.021: "I know that the purpose of this
6-18 petition is to entitle (insert candidate's name) to have his name
6-19 placed on the ballot for the office of (insert office title,
6-20 including any place number or other distinguishing number) for the
6-21 nonpartisan judicial election."
6-22 Sec. 291.027. Certification of Names for Placement on
6-23 Nonpartisan Judicial Election Ballot. (a) Except as provided by
6-24 Subsection (c), the secretary of state shall certify in writing for
6-25 placement on the nonpartisan judicial election ballot the name of
6-26 each candidate who files with the secretary an application that
6-27 complies with Section 291.021(b).
7-1 (b) Not later than the 55th day before election day, the
7-2 secretary of state shall deliver the certification to the authority
7-3 responsible for having the official ballot prepared in each county
7-4 in which the candidate's name is to appear on the ballot.
7-5 (c) A candidate's name may not be certified:
7-6 (1) if, before delivering the certification, the
7-7 secretary of state learns that the name is to be omitted from the
7-8 ballot under Section 291.054; or
7-9 (2) for an office for which the candidate's
7-10 application is invalid under Section 141.033.
7-11 (Sections 291.028-291.050 reserved for expansion
7-12 SUBCHAPTER C. WITHDRAWAL, DEATH, AND INELIGIBILITY
7-13 OF CANDIDATE
7-14 Sec. 291.051. Withdrawal, Death, or Ineligibility Generally.
7-15 With respect to withdrawal, death, or ineligibility of a candidate
7-16 in a nonpartisan judicial election, this subchapter supersedes
7-17 Subchapter A, Chapter 145, to the extent of any conflict.
7-18 Sec. 291.052. Withdrawal From Nonpartisan Judicial Election.
7-19 (a) A candidate may not withdraw from the nonpartisan judicial
7-20 election after the 65th day before election day.
7-21 (b) A withdrawal request must be filed with the authority
7-22 with whom the withdrawing candidate's application for a place on
7-23 the ballot is required to be filed.
7-24 Sec. 291.053. Extended Filing Deadline. (a) The deadline
7-25 for filing an application for a place on the nonpartisan judicial
7-26 election ballot is extended as provided by this section if a
7-27 candidate who has made an application that complies with the
8-1 applicable requirements:
8-2 (1) dies on or after the fifth day before the date of
8-3 the regular filing deadline and on or before the 65th day before
8-4 election day;
8-5 (2) holds the office for which the application was
8-6 made and withdraws or is declared ineligible on or after the date
8-7 of the regular filing deadline and on or before the 65th day before
8-8 election day; or
8-9 (3) withdraws or is declared ineligible during the
8-10 period prescribed by Subdivision (2), and at the time of the
8-11 withdrawal or declaration of ineligibility no other candidate has
8-12 made an application that complies with the applicable requirements
8-13 for the office sought by the withdrawn or ineligible candidate.
8-14 (b) The filing deadline is also extended if a candidate for
8-15 retention who has made a declaration of candidacy that complies
8-16 with Section 292.001 dies, withdraws, or is declared ineligible on
8-17 or after the fifth day before the date of the regular filing
8-18 deadline for applications and on or before the 65th day before
8-19 election day.
8-20 (c) An application for an office sought by a withdrawn,
8-21 deceased, or ineligible candidate must be filed not later than
8-22 5 p.m. of the 60th day before election day.
8-23 (d) If the deadline for filing applications is extended,
8-24 notice of the extended filing shall be given in the same manner as
8-25 provided for a primary election.
8-26 Sec. 291.054. Withdrawn, Deceased, or Ineligible Candidate's
8-27 Name Omitted From Ballot. A candidate's name shall be omitted from
9-1 the nonpartisan judicial election ballot if the candidate
9-2 withdraws, dies, or is declared ineligible on or before the 65th
9-3 day before election day.
9-4 Sec. 291.055. Deceased or Ineligible Candidate's Name to
9-5 Appear on Ballot. If a candidate who has made an application for a
9-6 place on the nonpartisan judicial election ballot that complies
9-7 with the applicable requirements dies or is declared ineligible
9-8 after the 65th day before election day, the candidate's name shall
9-9 be placed on the ballot.
9-10 (Sections 291.056-291.070 reserved for expansion
9-11 SUBCHAPTER D. CONDUCT OF ELECTION
9-12 Sec. 291.071. Nonpartisan Judicial Election Ballot. The
9-13 nonpartisan judicial offices and candidates shall be listed as a
9-14 separate ballot on the general election ballot following the
9-15 partisan offices under the heading "Election For Nonpartisan
9-16 Judicial Offices."
9-17 Sec. 291.072. General Procedure for Conduct of Nonpartisan
9-18 Judicial Election. Except as otherwise provided by this code, the
9-19 nonpartisan judicial election shall be conducted and the results
9-20 canvassed, tabulated, and reported in the manner applicable to
9-21 partisan offices in the general election for state and county
9-22 officers.
9-23 CHAPTER 292. RETENTION ELECTION
9-24 Sec. 292.001. Declaration of Candidacy. (a) Not later than
9-25 5 p.m. on June 1 preceding the nonpartisan judicial election at
9-26 which the judge is subject to retention or rejection, a judge who
9-27 seeks to continue to serve in that office must file with the
10-1 secretary of state a declaration of candidacy to succeed to the
10-2 next term.
10-3 (b) A declaration may not be filed earlier than the 30th day
10-4 before the date of the filing deadline. A declaration filed by
10-5 mail is considered to be filed at the time of its receipt by the
10-6 appropriate authority.
10-7 (c) The filling of the office for which a declaration of
10-8 candidacy is not filed is covered by Chapter 24, Government Code.
10-9 Sec. 292.002. Withdrawal, Death, or Ineligibility. (a)
10-10 With respect to withdrawal, death, or ineligibility of a candidate
10-11 in a retention election, this section supersedes Subchapter A,
10-12 Chapter 145, to the extent of any conflict.
10-13 (b) A candidate may not withdraw from the retention election
10-14 after the 65th day before election day.
10-15 (c) A withdrawal request must be filed with the authority
10-16 with whom the withdrawing candidate's declaration of candidacy is
10-17 required to be filed.
10-18 (d) A candidate's name shall be omitted from the retention
10-19 election ballot if the candidate withdraws, dies, or is declared
10-20 ineligible on or before the 65th day before election day.
10-21 (e) If a candidate who has made a declaration of candidacy
10-22 that complies with the applicable requirements dies or is declared
10-23 ineligible after the 65th day before election day, the candidate's
10-24 name shall be placed on the retention election ballot.
10-25 (f) The filling of the office following implementation of
10-26 Subsection (d) or (e) is covered by Chapter 24, Government Code.
10-27 Sec. 292.003. Certification of Names for Placement on
11-1 Retention Election Ballot. (a) Except as provided by Subsection
11-2 (c), the secretary of state shall certify in writing for placement
11-3 on the retention election ballot the name of each candidate who
11-4 files with the secretary a declaration of candidacy that complies
11-5 with Section 292.001.
11-6 (b) Not later than the 55th day before election day, the
11-7 secretary of state shall deliver the certification to the authority
11-8 responsible for having the official ballot prepared in each county
11-9 in which the candidate's name is to appear on the ballot.
11-10 (c) A candidate's name may not be certified if, before
11-11 delivering the certification, the secretary of state learns that
11-12 the name is to be omitted from the ballot under Section 292.002.
11-13 Sec. 292.004. Retention Election Ballot. The name of the
11-14 person subject to retention or rejection shall be submitted to the
11-15 voters on the nonpartisan judicial election ballot following the
11-16 offices subject to election under the heading "Retention of
11-17 Nonpartisan Judicial Offices," in substantially the following form:
11-18 "Shall Judge_______________________________________
11-19 ___________________________________________________
11-20 be retained in office as judge of the (name of
11-21 court)___________________________________________?"
11-22 ____"Yes"
11-23 ____"No"
11-24 Sec. 292.005. General Procedure for Conduct of Retention
11-25 Election. (a) Except as otherwise provided by this code, the
11-26 retention election shall be conducted and the results canvassed,
11-27 tabulated, and reported in the manner applicable to partisan
12-1 offices in the general election for state and county officers.
12-2 (b) A certificate of election shall be issued to a retained
12-3 officer in the same manner as provided for a candidate elected to
12-4 the office.
12-5 Sec. 292.006. WRITE-IN VOTING PROHIBITED. Write-in voting
12-6 is not permitted in a retention election.
12-7 Sec. 292.007. Political Contributions and Expenditures. A
12-8 candidate for retention of a judicial office is subject to Title 15
12-9 and shall comply with that title in the same manner as a candidate
12-10 for election to the office.
12-11 Sec. 292.008. Applicability of Other Parts of Code. The
12-12 other titles of this code apply to a retention election under this
12-13 chapter except provisions that are inconsistent with this title or
12-14 that cannot feasibly be applied in a retention election.
12-15 Sec. 292.009. Additional Procedures. The secretary of state
12-16 shall prescribe any additional procedures necessary for the orderly
12-17 and proper administration of elections held under this chapter.
12-18 CHAPTER 293. VOTER INFORMATION PAMPHLET
12-19 Sec. 293.001. APPLICABILITY OF CHAPTER. This chapter
12-20 applies to each candidate whose name is to appear on the ballot or
12-21 a list of declared write-in candidates in the nonpartisan judicial
12-22 election.
12-23 Sec. 293.002. STATEMENT FILED BY CANDIDATE. Not later than
12-24 the 70th day before the date of the nonpartisan judicial election,
12-25 a candidate may file with the secretary of state an informational
12-26 statement, on a form prescribed by the secretary, to be included in
12-27 the voter information pamphlet for that election.
13-1 Sec. 293.003. STATEMENT REQUIREMENTS. (a) A candidate's
13-2 statement must include a summary of the following information:
13-3 (1) current occupation;
13-4 (2) educational and occupational background;
13-5 (3) biographical information; and
13-6 (4) any previous experience serving in government.
13-7 (b) The secretary of state shall prescribe the format and
13-8 length of the candidate's statement.
13-9 Sec. 293.004. REVIEW BY SECRETARY OF STATE. (a) Not later
13-10 than the fifth day after the date the candidate's statement is
13-11 received, the secretary of state shall review the statement to
13-12 determine whether it complies with this chapter.
13-13 (b) If the secretary of state determines that the statement
13-14 does not comply with the applicable requirements, the secretary
13-15 shall reject the statement and deliver written notice of the reason
13-16 for the rejection to the candidate not later than the second day
13-17 after the date of rejection.
13-18 (c) A candidate whose statement is rejected may resubmit the
13-19 statement subject to the prescribed deadline.
13-20 Sec. 293.005. PREPARATION OF PAMPHLET. (a) The secretary
13-21 of state shall contract for the preparation and printing of the
13-22 voter information pamphlet after soliciting bids for that work.
13-23 The secretary may prepare or print the pamphlet if the secretary
13-24 determines that the costs of that preparation or printing are less
13-25 than or equal to the most reasonable bid submitted.
13-26 (b) The pamphlet must include the candidates' statements
13-27 that comply with this chapter, with candidates for election,
14-1 write-in candidates for election, and candidates for retention as
14-2 separate groups. The order of the candidates' names within the
14-3 groups is determined by a drawing conducted by the secretary of
14-4 state.
14-5 (c) To the extent practicable, the pamphlets shall be
14-6 prepared so that they contain only candidates for offices on which
14-7 the voters receiving them will be eligible to vote.
14-8 (d) The secretary of state shall prescribe appropriate
14-9 explanatory material to be included in the pamphlet to assist the
14-10 voters, including a statement that the pamphlet may be used at the
14-11 polls to assist the voters in marking their ballots.
14-12 Sec. 293.006. DISTRIBUTION OF PAMPHLET. Not later than the
14-13 45th day before the date of each nonpartisan judicial election, the
14-14 secretary of state shall mail the appropriate voter information
14-15 pamphlet to each household in this state in which a registered
14-16 voter resides.
14-17 Sec. 293.007. ADDITIONAL PROCEDURES PRESCRIBED BY SECRETARY
14-18 OF STATE. The secretary of state shall prescribe any additional
14-19 procedures necessary to implement this chapter.
14-20 SECTION 5. Section 1.005, Election Code, is amended by
14-21 amending Subdivision (9) and by adding Subdivisions (25) and (26)
14-22 to read as follows:
14-23 (9) "Independent candidate" means a candidate in a
14-24 nonpartisan election or a candidate in a partisan election who is
14-25 not the nominee of a political party. The term does not include a
14-26 nonpartisan judicial candidate.
14-27 (25) "Nonpartisan judicial election" means an election
15-1 held under Title 17.
15-2 (26) "Nonpartisan judicial candidate" means a
15-3 candidate in a nonpartisan judicial election.
15-4 SECTION 6. Section 52.092, Election Code, is amended to read
15-5 as follows:
15-6 Sec. 52.092. Offices Regularly Filled at General Election
15-7 for State and County Officers. (a) For an election at which
15-8 offices regularly filled at the general election for state and
15-9 county officers, including the nonpartisan judicial election, are
15-10 to appear on the ballot, the offices shall be listed in the
15-11 following order:
15-12 (1) offices of the federal government;
15-13 (2) offices of the state government:
15-14 (A) statewide offices;
15-15 (B) district offices;
15-16 (3) offices of the county government:
15-17 (A) county offices;
15-18 (B) precinct offices.
15-19 (b) Offices of the federal government shall be listed in the
15-20 following order:
15-21 (1) president and vice-president of the United States;
15-22 (2) United States senator;
15-23 (3) United States representative.
15-24 (c) Statewide offices of the state government shall be
15-25 listed in the following order:
15-26 (1) governor;
15-27 (2) lieutenant governor;
16-1 (3) attorney general;
16-2 (4) comptroller of public accounts;
16-3 (5) state treasurer;
16-4 (6) commissioner of the General Land Office;
16-5 (7) commissioner of agriculture;
16-6 (8) railroad commissioner;
16-7 (9) chief justice, supreme court;
16-8 (10) justice, supreme court;
16-9 (11) presiding judge, court of criminal appeals;
16-10 (12) judge, court of criminal appeals.
16-11 (d) District offices of the state government shall be listed
16-12 in the following order:
16-13 (1) member, State Board of Education;
16-14 (2) state senator;
16-15 (3) state representative;
16-16 (4) chief justice, court of appeals;
16-17 (5) justice, court of appeals;
16-18 <(6) district judge;>
16-19 <(7) criminal district judge;>
16-20 <(8) family district judge;>
16-21 (6) <(9)> district attorney;
16-22 (7) <(10)> criminal district attorney.
16-23 (e) County offices shall be listed in the following order:
16-24 (1) county judge;
16-25 (2) judge, county court at law;
16-26 (3) judge, county criminal court;
16-27 (4) judge, county probate court;
17-1 (5) county attorney;
17-2 (6) district clerk;
17-3 (7) district and county clerk;
17-4 (8) county clerk;
17-5 (9) sheriff;
17-6 (10) sheriff and tax assessor-collector;
17-7 (11) county tax assessor-collector;
17-8 (12) county treasurer;
17-9 (13) county school trustee (county with population of
17-10 two million or more);
17-11 (14) county surveyor;
17-12 (15) inspector of hides and animals.
17-13 (f) Precinct offices shall be listed in the following order:
17-14 (1) county commissioner;
17-15 (2) justice of the peace;
17-16 (3) constable;
17-17 (4) public weigher.
17-18 (g) The nonpartisan judicial offices shall be listed in the
17-19 following order:
17-20 (1) district judge;
17-21 (2) criminal district judge;
17-22 (3) family district judge.
17-23 (h) <(g)> If two or more offices having the same title
17-24 except for a place number or other distinguishing number are to
17-25 appear on the ballot, the number shall appear as part of the office
17-26 title and the offices shall be listed in numerical order.
17-27 (i) <(h)> The secretary of state shall assign a place number
18-1 to each position to be filled at the general election for state and
18-2 county officers for each full or unexpired term in the following
18-3 offices:
18-4 (1) justice, supreme court;
18-5 (2) judge, court of criminal appeals; and
18-6 (3) justice, court of appeals in a court having a
18-7 membership in excess of three, if distinguishing the positions to
18-8 be filled is necessary.
18-9 (j) <(i)> The secretary of state shall designate the
18-10 position of new offices on the ballot.
18-11 (k) <(j)> The office of judge of a multicounty statutory
18-12 county court created under Subchapter D, Chapter 25, Government
18-13 Code, is considered to be a county office for purposes of listing
18-14 the office on the ballot and to be a district office for all other
18-15 purposes under this code.
18-16 SECTION 7. Section 141.001(a), Election Code, is amended to
18-17 read as follows:
18-18 (a) To be eligible to be a candidate for, or elected or
18-19 appointed to, a public elective office in this state, a person
18-20 must:
18-21 (1) be a United States citizen;
18-22 (2) be 18 years of age or older on the first day of
18-23 the term to be filled at the election or on the date of
18-24 appointment, as applicable;
18-25 (3) have not been determined mentally incompetent by a
18-26 final judgment of a court;
18-27 (4) have not been finally convicted of a felony from
19-1 which the person has not been pardoned or otherwise released from
19-2 the resulting disabilities;
19-3 (5) have resided continuously in the state for 12
19-4 months and in the territory from which the office is elected for
19-5 six months immediately preceding the following date:
19-6 (A) for a candidate whose name is to appear on a
19-7 general primary election ballot, the date of the regular filing
19-8 deadline for a candidate's application for a place on the ballot;
19-9 (B) for an independent candidate or a
19-10 nonpartisan judicial candidate, other than a candidate for
19-11 retention, the date of the regular filing deadline for a
19-12 candidate's application for a place on the ballot;
19-13 (C) for a write-in candidate, the date of the
19-14 election at which the candidate's name is written in;
19-15 (D) for a party nominee who is nominated by any
19-16 method other than by primary election, the date the nomination is
19-17 made; and
19-18 (E) for an appointee to an office, the date the
19-19 appointment is made; and
19-20 (6) satisfy any other eligibility requirements
19-21 prescribed by law for the office.
19-22 SECTION 8. Section 145.003(b), Election Code, is amended to
19-23 read as follows:
19-24 (b) A candidate in the general election for state and county
19-25 officers, including the nonpartisan judicial election, may be
19-26 declared ineligible before the 30th day preceding election day by:
19-27 (1) the party officer responsible for certifying the
20-1 candidate's name for placement on the general election ballot, in
20-2 the case of a candidate who is a political party's nominee; or
20-3 (2) the authority with whom the candidate's
20-4 application for a place on the ballot or declaration of candidacy
20-5 is required to be filed, in the case of an independent candidate or
20-6 a nonpartisan judicial candidate, as applicable.
20-7 SECTION 9. Section 145.005(a), Election Code, is amended to
20-8 read as follows:
20-9 (a) If the name of a deceased or ineligible candidate
20-10 appears on the ballot <under this chapter>, the votes cast for the
20-11 candidate shall be counted and entered on the official election
20-12 returns in the same manner as for the other candidates.
20-13 SECTION 10. Section 146.021, Election Code, is amended to
20-14 read as follows:
20-15 Sec. 146.021. Applicability of Subchapter. This subchapter
20-16 applies to a write-in candidate for an office that is to be voted
20-17 on at the general election for state and county officers, including
20-18 the nonpartisan judicial election.
20-19 SECTION 11. Sections 172.021(c) and (e), Election Code, are
20-20 amended to read as follows:
20-21 (c) An application filed by mail is considered to be filed
20-22 at the time of its receipt by the appropriate authority.
20-23 (e) A candidate for an office specified by Section
20-24 172.024(a)(8) or<,> (10)<, or (12)>, or for justice of the peace in
20-25 a county with a population of more than one million <850,000>, who
20-26 chooses to pay the filing fee must also accompany the application
20-27 with a petition that complies with the requirements prescribed for
21-1 the petition authorized by Subsection (b), except that the minimum
21-2 number of signatures that must appear on the petition required by
21-3 this subsection is 250. If the candidate chooses to file the
21-4 petition authorized by Subsection (b) instead of the filing fee,
21-5 the minimum number of signatures required for that petition is
21-6 increased by 250. Signatures on a petition filed under this
21-7 subsection or Subsection (b) by a candidate covered by this
21-8 subsection may not be obtained on the grounds of a county
21-9 courthouse or courthouse annex.
21-10 SECTION 12. Section 172.024(a), Election Code, is amended to
21-11 read as follows:
21-12 (a) The filing fee for a candidate for nomination in the
21-13 general primary election is as follows:
21-14 (1) United States senator ..................... $4,000
21-15 (2) office elected statewide, except United States
21-16 senator .................................... 3,000
21-17 (3) United States representative ............... 2,500
21-18 (4) state senator .............................. 1,000
21-19 (5) state representative ......................... 600
21-20 (6) member, State Board of Education ............. 250
21-21 (7) chief justice or justice, court of appeals, other
21-22 than a justice specified by Subdivision (8)
21-23 ............................................ 1,500
21-24 (8) chief justice or justice of a court of appeals
21-25 that serves a court of appeals district in which a
21-26 county with a population of more than one million
21-27 <850,000> is wholly or partly situated ..... 2,000
22-1 <(9) district judge or judge specified by Section
22-2 52.092(d) for which this schedule does not
22-3 otherwise prescribe a fee .................. 1,200>
22-4 <(10) district or criminal district judge of a court
22-5 in a judicial district wholly contained in a
22-6 county with a population of more than 850,000
22-7 ........................................... 2,000>
22-8 (9) <(11)> judge, statutory county court, other
22-9 than a judge specified by Subdivision (10)
22-10 <(12)> ..................................... 1,200
22-11 (10) <(12)> judge of a statutory county court in a
22-12 county with a population of more than one million
22-13 <850,000> .................................. 2,000
22-14 (11) <(13)> district attorney, criminal district
22-15 attorney, or county attorney performing the duties
22-16 of a district attorney ..................... 1,000
22-17 (12) <(14)> county commissioner or judge,
22-18 constitutional county court:
22-19 (A) county with a population of 200,000
22-20 or more ............................... 1,000
22-21 (B) county with a population of under
22-22 200,000 ................................. 600
22-23 (13) <(15)> justice of the peace or constable:
22-24 (A) county with a population of 200,000
22-25 or more ................................. 800
22-26 (B) county with a population of under
22-27 200,000 ................................. 300
23-1 (14) <(16)> county surveyor, inspector of hides and
23-2 animals, or public weigher .................... 50
23-3 (15) <(17)> office of the county government for
23-4 which this schedule does not otherwise prescribe a
23-5 fee .......................................... 600
23-6 SECTION 13. Chapter 202, Election Code, is amended by
23-7 amending Section 202.002 and by adding Section 202.008 to read as
23-8 follows:
23-9 Sec. 202.002. Vacancy Filled at General Election. (a) If a
23-10 vacancy occurs on or before the 65th day before the date of the
23-11 general election for state and county officers, including the
23-12 nonpartisan judicial election, held in the next-to-last
23-13 even-numbered year of a term of office, the remainder of the
23-14 unexpired term, or for a nonpartisan judicial office the four-year
23-15 term beginning on the next January 1 following the general
23-16 election, shall be filled at the next general election for state
23-17 and county officers, as provided by this chapter.
23-18 (b) If a vacancy occurs after the 65th day before a general
23-19 election day, an election for the unexpired term, or for a
23-20 nonpartisan judicial office an election for a new four-year term,
23-21 may not be held at that general election. The appointment to fill
23-22 the vacancy continues until the next succeeding general election
23-23 and until a successor has been elected and has qualified for the
23-24 office.
23-25 Sec. 202.008. Filing Deadline For Application of Nonpartisan
23-26 Judicial Candidate. (a) If a vacancy in a nonpartisan judicial
23-27 office occurs on or before the 10th day before the date of the
24-1 regular deadline for filing an application for a place on the
24-2 nonpartisan judicial election ballot, an application for election
24-3 to the next four-year term must be filed by the regular filing
24-4 deadline.
24-5 (b) If the vacancy occurs after the 10th day before the date
24-6 of the regular filing deadline, an application for election to the
24-7 next four-year term must be filed not later than 5 p.m. of the 15th
24-8 day after the date the vacancy occurs or 5 p.m. of the 60th day
24-9 before election day, whichever is earlier.
24-10 SECTION 14. (a) A district judge in office on the effective
24-11 date of this Act, unless otherwise removed as provided by law, is
24-12 entitled to continue in office for the term to which elected as
24-13 provided by this section.
24-14 (b) Terms of district judges elected to full terms in the
24-15 general election in 1992 expire January 1, 1997. Terms of district
24-16 judges elected in the general election in 1994 to fill vacancies
24-17 expiring on January 1, 1997, expire on that date. Terms of
24-18 district judges elected to full terms in the general election in
24-19 1994 expire January 1, 1999.
24-20 (c) The first nonpartisan judicial election shall be the
24-21 election in November 1996. For the purpose of initiating the
24-22 election and retention cycle required by Section 24.0016,
24-23 Government Code, as added by this Act, district judges elected to
24-24 office and holding office for the terms provided by Subsection (b)
24-25 of this section stand for reelection or retention in accordance
24-26 with this subsection. In the last year of the term provided by
24-27 Subsection (b) of this section, and at each applicable subsequent
25-1 nonpartisan judicial election, the judge is subject to retention or
25-2 rejection unless at the end of that term the judge will have served
25-3 12 or more consecutive years in the office of district judge of
25-4 that court. At the end of the term during which the judge will
25-5 have served 12 consecutive years in the office of district judge
25-6 of a court, the office is filled by election from the judicial
25-7 district or commissioners court precinct, as applicable. If the
25-8 judge is reelected, the term is considered the first term to which
25-9 the judge has been elected for purposes of Section 24.0016,
25-10 Government Code, as added by this Act, and in accordance with that
25-11 section at the end of that term and at the end of the immediately
25-12 following continuous term, the judge is subject to retention or
25-13 rejection.
25-14 (d) For purposes of this section, a person elected to a full
25-15 term who serves until the term expires is considered to have served
25-16 for the whole number of years constituting the full term, without
25-17 regard to when the person takes the oath of office for that term.
25-18 SECTION 15. This Act takes effect only if the constitutional
25-19 amendment proposed by the 74th Legislature, Regular Session, 1995,
25-20 relating to the nonpartisan election and retention or rejection of
25-21 district judges, to the election of district judges in certain
25-22 counties from commissioners court precincts, and to the alteration
25-23 of the terms of certain judicial offices is adopted. If the
25-24 amendment is adopted, this Act takes effect January 1, 1996.
25-25 SECTION 16. The importance of this legislation and the
25-26 crowded condition of the calendars in both houses create an
25-27 emergency and an imperative public necessity that the
26-1 constitutional rule requiring bills to be read on three several
26-2 days in each house be suspended, and this rule is hereby suspended.