By Turner of Harris                                   H.B. No. 1182
       74R4259 DRH-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the nonpartisan election of certain 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)  Except as provided by Subsection (b), the <The> general
    1-8  election for state and county officers shall be held on the first
    1-9  Tuesday after the first Monday in November in even-numbered years.
   1-10        (b)  The general nonpartisan judicial election shall be held
   1-11  on the date of the general primary election.
   1-12        SECTION 2.  The Election Code is amended by adding Title 17
   1-13  to read as follows:
   1-14               TITLE 17.  NONPARTISAN JUDICIAL ELECTIONS
   1-15             CHAPTER 291.  NONPARTISAN JUDICIAL ELECTIONS
   1-16        SUBCHAPTER A.  NONPARTISAN ELECTION OF JUDGES GENERALLY
   1-17        Sec. 291.001.  APPLICABILITY OF CHAPTER.  This chapter
   1-18  applies only to nonpartisan judicial offices.
   1-19        Sec. 291.002.  Judges Elected As Nonpartisan Candidates.  All
   1-20  elected judges and justices, except municipal judges and
   1-21  constitutional county judges, shall be elected as nonpartisan
   1-22  candidates in accordance with this chapter.   Nomination for those
   1-23  offices by a political party is prohibited.
   1-24        Sec. 291.003.  Vote Required For Election.  The name of each
    2-1  candidate shall be placed on the general nonpartisan judicial
    2-2  election ballot, the voting on which shall be in conjunction with
    2-3  each party's general primary election.  The candidate receiving the
    2-4  most votes shall be declared elected.
    2-5        Sec. 291.004.  Applicability of Other Parts of Code.  The
    2-6  other titles of this code apply to a nonpartisan judicial election
    2-7  except provisions that are inconsistent with this title or that
    2-8  cannot feasibly be applied in a nonpartisan judicial election.
    2-9        Sec. 291.005.  Additional Procedures.  The secretary of state
   2-10  shall prescribe any additional procedures necessary for the orderly
   2-11  and proper administration of elections held under this chapter.
   2-12           (Sections 291.006-291.020 reserved for expansion
   2-13            SUBCHAPTER B.  APPLICATION FOR PLACE ON BALLOT
   2-14        Sec. 291.021.  Application Required.  (a)  To be entitled to
   2-15  a place on the general nonpartisan judicial election ballot, a
   2-16  candidate must make an application for a place on the ballot.
   2-17        (b)  An application must, in addition to complying with
   2-18  Section 141.031, be accompanied by the appropriate filing fee or,
   2-19  instead of the filing fee, a petition that satisfies the
   2-20  requirements prescribed by Section 141.062.
   2-21        (c)  An application filed by mail is considered to be filed
   2-22  at the time of its receipt by the appropriate authority.
   2-23        (d)  The circulation of a petition to be filed under this
   2-24  subchapter in connection with a candidate's application for a place
   2-25  on the ballot does not constitute candidacy or an announcement of
   2-26  candidacy for purposes of the automatic resignation provisions of
   2-27  Section 65, Article XVI, or Section 11, Article XI, Texas
    3-1  Constitution.
    3-2        Sec. 291.022.  Authority With Whom Application Filed.  An
    3-3  application for a place on the general nonpartisan judicial
    3-4  election ballot must be filed with:
    3-5              (1)  the secretary of state, for a statewide or
    3-6  district office; or
    3-7              (2)  the county clerk, for a county or precinct office.
    3-8        Sec. 291.023.  Regular Filing Deadline.  An application for a
    3-9  place on the general nonpartisan judicial election ballot must be
   3-10  filed not later than the regular filing deadline for candidates in
   3-11  the general primary election, except as provided by Sections
   3-12  291.053 and 202.008.
   3-13        Sec. 291.024.  Filing Fee.  (a)  The filing fee for a
   3-14  nonpartisan judicial candidate is as follows:
   3-15              (1)  office elected statewide .................. $3,000
   3-16              (2)  chief justice or justice, court of appeals, other
   3-17  than a justice specified by Subdivision (3) ................  1,500
   3-18              (3)  chief justice or justice of a court of appeals
   3-19  that serves a court of appeals district in which a county with a
   3-20  population  of more   than   850,000 is  wholly   or   partly
   3-21  situated ...................................................  2,000
   3-22              (4)  district  judge, criminal   district  judge, or
   3-23  family  district   judge,  other   than   a   judge   specified  by
   3-24  Subdivision (5) ............................................  1,200
   3-25              (5)  district or criminal district judge of a court in
   3-26  a judicial district wholly contained in a county with a population
   3-27  of more than 850,000 .......................................  2,000
    4-1              (6)  judge, statutory county court, other than a judge
    4-2  specified by Subdivision (7) ...............................  1,200
    4-3              (7)  judge of a statutory county court in a county with
    4-4  a population of more than 850,000 ..........................  2,000
    4-5              (8)  justice of the peace:
    4-6                    (A)  county   with   a  population   of   200,000
    4-7  or more .....................................................   800
    4-8                    (B)  county   with  a population   of  under
    4-9  200,000 .....................................................   300
   4-10        (b)  A filing fee received by the secretary of state shall be
   4-11  deposited in the state treasury to the credit of the general
   4-12  revenue fund, and a filing fee received by the county clerk shall
   4-13  be deposited in the county treasury to the credit of the county
   4-14  general fund.
   4-15        Sec. 291.025.  Number of Petition Signatures Required.  The
   4-16  minimum number of signatures that must appear on the petition
   4-17  authorized by Section 291.021 is:
   4-18              (1)  5,000, for a statewide office; or
   4-19              (2)  for a district, county, or precinct office, the
   4-20  lesser of:
   4-21                    (A)  500; or
   4-22                    (B)  two percent of the total vote received in
   4-23  the district, county, or precinct, as applicable, by all the
   4-24  candidates for governor in the most recent gubernatorial general
   4-25  election, unless that number is under 50, in which case the
   4-26  required number of signatures is the lesser of:
   4-27                          (i)  50; or
    5-1                          (ii)  20 percent of that total vote.
    5-2        Sec. 291.026.  Statement on Petition.  The following
    5-3  statement must appear at the top of each page of a petition to be
    5-4  filed under Section 291.021:  "I know that the purpose of this
    5-5  petition  is  to entitle (insert candidate's name) to have his name
    5-6  placed on the ballot  for  the  office  of  (insert  office  title,
    5-7  including  any place number or other distinguishing number) for the
    5-8  nonpartisan judicial election."
    5-9        Sec. 291.027.  Certification of Names for Placement on
   5-10  General Nonpartisan Judicial Election Ballot.  (a)  Except as
   5-11  provided by Subsection (c), the secretary of state shall certify in
   5-12  writing for placement on the general nonpartisan judicial election
   5-13  ballot the name of each candidate who files with the secretary an
   5-14  application that complies with Section 291.021(b).
   5-15        (b)  Not later than the deadline for the state chairman to
   5-16  deliver to the county chairmen the certification of names for
   5-17  placement on the general primary election ballot, the secretary of
   5-18  state shall deliver the certification to the county clerk in each
   5-19  county in which the candidate's name is to appear on the ballot.
   5-20        (c)  A candidate's name may not be certified:
   5-21              (1)  if, before delivering the certification, the
   5-22  secretary of state learns that the name is to be omitted from the
   5-23  ballot under Section 291.054; or
   5-24              (2)  for an office for which the candidate's
   5-25  application is invalid under Section 141.033.
   5-26           (Sections 291.028-291.050 reserved for expansion
   5-27          SUBCHAPTER C.  WITHDRAWAL, DEATH, AND INELIGIBILITY
    6-1                             OF CANDIDATE
    6-2        Sec. 291.051.  Withdrawal, Death, or Ineligibility Generally.
    6-3  With respect to withdrawal, death, or ineligibility of a candidate
    6-4  in a nonpartisan judicial election, this subchapter supersedes
    6-5  Subchapter A, Chapter 145, to the extent of any conflict.
    6-6        Sec. 291.052.  Withdrawal From General Nonpartisan Judicial
    6-7  Election.  (a)  A candidate may not withdraw from the general
    6-8  nonpartisan judicial election after the 62nd day before general
    6-9  primary election day.
   6-10        (b)  A withdrawal request must be filed with the authority
   6-11  with whom the withdrawing candidate's application for a place on
   6-12  the ballot is required to be filed.
   6-13        Sec. 291.053.  Extended Filing Deadline.  (a)  If a candidate
   6-14  dies, withdraws, or is declared ineligible under circumstances that
   6-15  would result in an extension of the filing deadline in a party
   6-16  primary, the filing deadline for nonpartisan judicial candidates
   6-17  for that office is extended in the same manner as provided for a
   6-18  primary election.
   6-19        (b)  If the deadline for filing applications is extended,
   6-20  notice of the extended filing shall be given in the same manner as
   6-21  provided for a primary election.
   6-22        Sec. 291.054.  Withdrawn, Deceased, or Ineligible Candidate's
   6-23  Name Omitted From General Nonpartisan Judicial Election Ballot.  A
   6-24  candidate's name shall be omitted from the general nonpartisan
   6-25  judicial election ballot if the candidate withdraws, dies, or is
   6-26  declared ineligible on or before the 62nd day before general
   6-27  primary election day.
    7-1        Sec. 291.055.  Deceased or Ineligible Candidate's Name to
    7-2  Appear on General Nonpartisan Judicial Election Ballot.  (a)  If a
    7-3  candidate who has made an application for a place on the general
    7-4  nonpartisan judicial election ballot that complies with the
    7-5  applicable requirements dies or is declared ineligible after the
    7-6  62nd day before general primary election day, the candidate's name
    7-7  shall be placed on the general nonpartisan judicial election
    7-8  ballot.
    7-9        (b)  If the name of a deceased or ineligible candidate
   7-10  appears on the ballot, the votes cast for the candidate shall be
   7-11  counted and entered on the official election returns in the same
   7-12  manner as for the other candidates.
   7-13        (c)  If the deceased or ineligible candidate receives the
   7-14  vote required for election, the resulting vacancy shall be filled
   7-15  in the regular manner.
   7-16           (Sections 291.056-291.070 reserved for expansion
   7-17                         SUBCHAPTER D.  BALLOT
   7-18        Sec. 291.071.  Order of Names on General Nonpartisan Judicial
   7-19  Election Ballot; Certification to Parties.  (a)  The order of the
   7-20  candidates' names on the general nonpartisan judicial election
   7-21  ballot shall be determined by a drawing conducted by the county
   7-22  clerk.
   7-23        (b)  The drawing shall be conducted in the same manner and by
   7-24  the same deadline as provided for a primary election.
   7-25        (c)  Within the time for preparing the party primary ballots
   7-26  for a county, the county clerk shall prepare the official general
   7-27  nonpartisan judicial election ballot and shall certify the ballot
    8-1  forms to the primary committee of each political party that is
    8-2  holding a primary election in the county.  At the same time, the
    8-3  county clerk shall certify the number of separate nonpartisan
    8-4  judicial ballots that are to be printed for each precinct.
    8-5        Sec. 291.072.  Nonpartisan Judicial Election Ballot.  The
    8-6  nonpartisan judicial offices and candidates shall be listed as a
    8-7  separate ballot on each party's primary ballot following the
    8-8  partisan offices, under the heading "Nonpartisan Judicial Offices."
    8-9        Sec. 291.073.  Separate Nonpartisan Judicial Ballots in
   8-10  Primary.  (a)  A sufficient number of separate ballots, listing
   8-11  only the nonpartisan judicial offices and candidates, shall be
   8-12  provided for the use of voters who desire to vote in the general
   8-13  nonpartisan judicial election but who do not desire to vote in the
   8-14  party primary.
   8-15        (b)  The separate nonpartisan judicial ballots and the
   8-16  nonpartisan section on the primary ballot shall be paid for from
   8-17  the funds appropriated for the administration of the primary
   8-18  elections.
   8-19           (Sections 291.074-291.090 reserved for expansion
   8-20                  SUBCHAPTER E.  CONDUCT OF ELECTION
   8-21        Sec. 291.091.  General Procedure for Conduct of General
   8-22  Nonpartisan Judicial Election.  (a)  Any qualified voter is
   8-23  eligible to vote in the general nonpartisan judicial election
   8-24  regardless of whether the voter desires to vote in the party
   8-25  primary.
   8-26        (b)  The signature rosters and poll lists for the elections
   8-27  shall be maintained to indicate the voters who vote in a party
    9-1  primary and those who vote only in the general nonpartisan judicial
    9-2  election.  The secretary of state shall prescribe procedures for
    9-3  maintaining the signature rosters, poll lists, lists of registered
    9-4  voters, and other precinct election records used at the election.
    9-5  The official forms for the election records shall be prescribed to
    9-6  reflect, as necessary, the distinction between the party voters and
    9-7  candidates and the nonpartisan judicial voters and candidates.
    9-8        (c)  Except as otherwise provided by this chapter, the
    9-9  general nonpartisan judicial election shall be conducted in
   9-10  accordance with the procedures prescribed by this code in relation
   9-11  to the general primary election to the extent those procedures can
   9-12  be made applicable.
   9-13        Sec. 291.092.  Certification of Results of Nonpartisan
   9-14  Judicial Election.  Not later than the deadline for delivering the
   9-15  county election returns for statewide and district partisan offices
   9-16  to the state chairman, each county chairman shall deliver a written
   9-17  certification of the tabulation of results from the local canvass
   9-18  to:
   9-19              (1)  the county clerk, for each candidate for a county
   9-20  or precinct nonpartisan judicial office; and
   9-21              (2)  the secretary of state, for each candidate for a
   9-22  statewide or district nonpartisan judicial office.
   9-23        Sec. 291.093.  Final Canvass for Nonpartisan Judicial
   9-24  Election.  On the date prescribed by this code for the final
   9-25  canvass of statewide and district offices in the party primary, the
   9-26  final canvass for the general nonpartisan judicial election shall
   9-27  be conducted by:
   10-1              (1)  the governor, for statewide and district
   10-2  nonpartisan judicial offices; and
   10-3              (2)  the commissioners court, for county and precinct
   10-4  nonpartisan judicial offices.
   10-5        SECTION 3.  Section 1.005, Election Code, is amended by
   10-6  amending Subdivision (9) and by adding Subdivision (25) to read as
   10-7  follows:
   10-8              (9)  "Independent candidate" means a candidate in a
   10-9  nonpartisan election or a candidate in a partisan election who is
  10-10  not the nominee of a political party.  The term does not include a
  10-11  nonpartisan judicial candidate.
  10-12              (25)  "Nonpartisan judicial candidate" means a
  10-13  candidate in a nonpartisan judicial election held under Chapter
  10-14  291.
  10-15        SECTION 4.  Section 41.007(d), Election Code, is amended to
  10-16  read as follows:
  10-17        (d)  Except as otherwise provided by this code, no <No> other
  10-18  election may be held on the date of a primary election.
  10-19        SECTION 5.  Section 52.092, Election Code, is amended to read
  10-20  as follows:
  10-21        Sec. 52.092.  Offices Regularly Filled at General Election
  10-22  for State and County Officers.  (a)  For an election at which
  10-23  offices regularly filled at the general election for state and
  10-24  county officers, including the nonpartisan judicial election,  are
  10-25  to appear on the ballot, the offices shall be listed in the
  10-26  following order:
  10-27              (1)  offices of the federal government;
   11-1              (2)  offices of the state government:
   11-2                    (A)  statewide offices;
   11-3                    (B)  district offices;
   11-4              (3)  offices of the county government:
   11-5                    (A)  county offices;
   11-6                    (B)  precinct offices.
   11-7        (b)  Offices of the federal government shall be listed in the
   11-8  following order:
   11-9              (1)  president and vice-president of the United States;
  11-10              (2)  United States senator;
  11-11              (3)  United States representative.
  11-12        (c)  Statewide offices of the state government shall be
  11-13  listed in the following order:
  11-14              (1)  governor;
  11-15              (2)  lieutenant governor;
  11-16              (3)  attorney general;
  11-17              (4)  comptroller of public accounts;
  11-18              (5)  state treasurer;
  11-19              (6)  commissioner of the General Land Office;
  11-20              (7)  commissioner of agriculture;
  11-21              (8)  railroad commissioner<;>
  11-22              <(9)  chief justice, supreme court;>
  11-23              <(10)  justice, supreme court;>
  11-24              <(11)  presiding judge, court of criminal appeals;>
  11-25              <(12)  judge, court of criminal appeals>.
  11-26        (d)  District offices of the state government shall be listed
  11-27  in the following order:
   12-1              (1)  member, State Board of Education;
   12-2              (2)  state senator;
   12-3              (3)  state representative;
   12-4              <(4)  chief justice, court of appeals;>
   12-5              <(5)  justice, court of appeals;>
   12-6              <(6)  district judge;>
   12-7              <(7)  criminal district judge;>
   12-8              <(8)  family district judge;>
   12-9              (4) <(9)>  district attorney;
  12-10              (5) <(10)>  criminal district attorney.
  12-11        (e)  County offices shall be listed in the following order:
  12-12              (1)  county judge;
  12-13              <(2)  judge, county court at law;>
  12-14              <(3)  judge, county criminal court;>
  12-15              <(4)  judge, county probate court;>
  12-16              (2) <(5)>  county attorney;
  12-17              (3) <(6)>  district clerk;
  12-18              (4) <(7)>  district and county clerk;
  12-19              (5) <(8)>  county clerk;
  12-20              (6) <(9)>  sheriff;
  12-21              (7) <(10)>  sheriff and tax assessor-collector;
  12-22              (8) <(11)>  county tax assessor-collector;
  12-23              (9) <(12)>  county treasurer;
  12-24              (10) <(13)>  county school trustee (county with
  12-25  population of two million or more);
  12-26              (11) <(14)>  county surveyor;
  12-27              (12) <(15)>  inspector of hides and animals.
   13-1        (f)  Precinct offices shall be listed in the following order:
   13-2              (1)  county commissioner;
   13-3              <(2)  justice of the peace;>
   13-4              (2) <(3)>  constable;
   13-5              (3) <(4)>  public weigher.
   13-6        (g)  The nonpartisan judicial offices shall be listed in the
   13-7  following order:
   13-8              (1)  chief justice, supreme court;
   13-9              (2)  justice, supreme court;
  13-10              (3)  presiding judge, court of criminal appeals;
  13-11              (4)  judge, court of criminal appeals;
  13-12              (5)  chief justice, court of appeals;
  13-13              (6)  justice, court of appeals;
  13-14              (7)  district judge;
  13-15              (8)  criminal district judge;
  13-16              (9)  family district judge;
  13-17              (10)  judge, county court at law;
  13-18              (11)  judge, county criminal court;
  13-19              (12)  judge, county probate court;
  13-20              (13)  justice of the peace.
  13-21        (h) <(g)>  If two or more offices having the same title
  13-22  except for a place number or other distinguishing number are to
  13-23  appear on the ballot, the number shall appear as part of the office
  13-24  title and the offices shall be listed in numerical order.
  13-25        (i) <(h)>  The secretary of state shall assign a place number
  13-26  to each position to be filled at the nonpartisan judicial <general>
  13-27  election <for state and county officers> for each full or unexpired
   14-1  term in the following offices:
   14-2              (1)  justice, supreme court;
   14-3              (2)  judge, court of criminal appeals; and
   14-4              (3)  justice, court of appeals in a court having a
   14-5  membership in excess of three, if distinguishing the positions to
   14-6  be filled is necessary.
   14-7        (j) <(i)>  The secretary of state shall designate the
   14-8  position of new offices on the ballot.
   14-9        (k) <(j)>  The office of judge of a multicounty statutory
  14-10  county court created under Subchapter D, Chapter 25, Government
  14-11  Code, is considered to be a county office for purposes of listing
  14-12  the office on the ballot and to be a district office for all other
  14-13  purposes under this code.
  14-14        SECTION 6.  Section 141.001(a), Election Code, is amended to
  14-15  read as follows:
  14-16        (a)  To be eligible to be a candidate for, or elected or
  14-17  appointed to, a public elective office in this state, a person
  14-18  must:
  14-19              (1)  be a United States citizen;
  14-20              (2)  be 18 years of age or older on the first day of
  14-21  the term to be filled at the election or on the date of
  14-22  appointment, as applicable;
  14-23              (3)  have not been determined mentally incompetent by a
  14-24  final judgment of a court;
  14-25              (4)  have not been finally convicted of a felony from
  14-26  which the person has not been pardoned or otherwise released from
  14-27  the resulting disabilities;
   15-1              (5)  have resided continuously in the state for 12
   15-2  months and in the territory from which the office is elected for
   15-3  six months immediately preceding the following date:
   15-4                    (A)  for a candidate whose name is to appear on a
   15-5  general primary election ballot, the date of the regular filing
   15-6  deadline for a candidate's application for a place on the ballot;
   15-7                    (B)  for an independent candidate or a
   15-8  nonpartisan judicial candidate, the date of the regular filing
   15-9  deadline for a candidate's application for a place on the ballot;
  15-10                    (C)  for a write-in candidate, the date of the
  15-11  election at which the candidate's name is written in;
  15-12                    (D)  for a party nominee who is nominated by any
  15-13  method other than by primary election, the date the nomination is
  15-14  made; and
  15-15                    (E)  for an appointee to an office, the date the
  15-16  appointment is made; and
  15-17              (6)  satisfy any other eligibility requirements
  15-18  prescribed by law for the office.
  15-19        SECTION 7.  Section 145.003(b), Election Code, is amended to
  15-20  read as follows:
  15-21        (b)  A candidate in the general election for state and county
  15-22  officers, including the nonpartisan judicial election, may be
  15-23  declared ineligible before the 30th day preceding election day by:
  15-24              (1)  the party officer responsible for certifying the
  15-25  candidate's name for placement on the general election ballot, in
  15-26  the case of a candidate who is a political party's nominee; or
  15-27              (2)  the authority with whom the candidate's
   16-1  application for a place on the ballot is required to be filed, in
   16-2  the case of an independent candidate or a nonpartisan judicial
   16-3  candidate.
   16-4        SECTION 8.  Section 146.021, Election Code, is amended to
   16-5  read as follows:
   16-6        Sec. 146.021.  Applicability of Subchapter.  This subchapter
   16-7  applies to a write-in candidate for an office that is to be voted
   16-8  on at the general election for state and county officers, including
   16-9  the nonpartisan judicial election.
  16-10        SECTION 9.  Section 172.024(a), Election Code, is amended to
  16-11  read as follows:
  16-12        (a)  The filing fee for a candidate for nomination in the
  16-13  general primary election is as follows:
  16-14              (1)  United States senator ..................... $4,000
  16-15              (2)  office elected statewide, except United States
  16-16                     senator .................................. 3,000
  16-17              (3)  United States representative ............... 2,500
  16-18              (4)  state senator .............................. 1,000
  16-19              (5)  state representative ......................... 600
  16-20              (6)  member, State Board of Education ............. 250
  16-21              (7)  <chief  justice  or  justice,  court  of  appeals,
  16-22                     other    than    a    justice    specified    by
  16-23                     Subdivision (8) .......................... 1,500>
  16-24              <(8)  chief justice or justice of a court of appeals
  16-25                     that serves a court of appeals district in which
  16-26                     a county with a population of more than 850,000
  16-27                     is wholly or partly situated ............. 2,000>
   17-1              <(9)  district judge or judge specified by Section
   17-2                     52.092(d) for which this schedule does not
   17-3                     otherwise prescribe a fee ................ 1,200>
   17-4              <(10)  district  or  criminal  district   judge   of  a
   17-5                      court in  a judicial district  wholly contained
   17-6                      in a county with  a population  of more than
   17-7                      850,000 ................................. 2,000>
   17-8              <(11)  judge, statutory county court, other than a
   17-9                      judge specified by Subdivision (12) ..... 1,200>
  17-10              <(12)  judge of a statutory county court in a county
  17-11                      with a population of more than 850,000 .. 2,000>
  17-12              <(13)>  district attorney, criminal district attorney,
  17-13                      or county attorney performing the duties of a
  17-14                      district attorney ....................... 1,000
  17-15              (8) <(14)>  county commissioner or judge,
  17-16                      constitutional county court:
  17-17                    (A)  county  with  a  population  of  200,000  or
  17-18                           more ............................... 1,000
  17-19                    (B)  county   with   a   population   of    under
  17-20                           200,000 .............................. 600
  17-21              (9) <(15)  justice of the peace or>  constable:
  17-22                    (A)  county  with  a  population  of  200,000  or
  17-23                           more ................................. 800
  17-24                    (B)  county   with   a   population   of    under
  17-25                           200,000 .............................. 300
  17-26              (10) <(16)>  county surveyor, inspector of hides and
  17-27                      animals, or public weigher ................. 50
   18-1              (11) <(17)>  office of the county government for which
   18-2                      this schedule does not otherwise prescribe a
   18-3                      fee ....................................... 600
   18-4        SECTION 10.  Section 202.002, Election Code, is amended to
   18-5  read as follows:
   18-6        Sec. 202.002.  Vacancy Filled at General Election.  (a)  If a
   18-7  vacancy occurs on or before the 65th day before the date of the
   18-8  general election for state and county officers, or on or before the
   18-9  62nd day before the date of the general primary election in the
  18-10  case of a nonpartisan judicial office, held in the next-to-last
  18-11  even-numbered year of a term of office, the remainder of the
  18-12  unexpired term shall be filled at the next applicable general
  18-13  election <for state and county officers>, as provided by this
  18-14  chapter.
  18-15        (b)  If a vacancy occurs after the 65th day before a general
  18-16  election day, or after the 62nd day before a general primary
  18-17  election day in the case of a nonpartisan judicial office, an
  18-18  election for the unexpired term may not be held at that general
  18-19  election.  The appointment to fill the vacancy continues until the
  18-20  next succeeding general election and until a successor has been
  18-21  elected and has qualified for the office.
  18-22        SECTION 11.  Chapter 202, Election Code, is amended by adding
  18-23  Section 202.008 to read as follows:
  18-24        Sec. 202.008.  Filing deadline for application of nonpartisan
  18-25  judicial candidate.  (a)  A nonpartisan judicial candidate for an
  18-26  unexpired term must file the application for a place on the ballot
  18-27  not later than the applicable deadline for a candidate for an
   19-1  unexpired term in the general primary election.
   19-2        (b)  The filing fee or petition requirements for a candidate
   19-3  for an unexpired term are the same as for a candidate for a full
   19-4  term.
   19-5        SECTION 12.  This Act takes effect September 1, 1995.
   19-6        SECTION 13.  The importance of this legislation and the
   19-7  crowded condition of the calendars in both houses create an
   19-8  emergency and an imperative public necessity that the
   19-9  constitutional rule requiring bills to be read on three several
  19-10  days in each house be suspended, and this rule is hereby suspended.