By Alonzo H.B. No. 3146
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the election of justices of the courts of appeals by
1-3 place.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. (a) The legislature finds that this Act is
1-6 consistent with all provisions of the Texas Constitution.
1-7 (b) As used in this Act; "place" means an election
1-8 subdistrict which is smaller in area than an appellate judicial
1-9 district.
1-10 (c) The plan established by this Act is consistent with all
1-11 provisions of the Texas Constitution.
1-12 SECTION 2. Subchapter C, Chapter 22, Government Code, is
1-13 amended by adding Section 22.229 to read as follows:
1-14 Sec. 22.229. ELECTION FROM PLACES. (a) The justices of
1-15 each court of appeals district shall be elected by places within
1-16 the district as provided by law.
1-17 (b) Each court of appeals has a chief justice. A vacancy in
1-18 the office of chief justice shall be filled by the justice with the
1-19 greatest number of years of service on the court. A justice may
1-20 only accept or decline the office of chief justice in writing.
1-21 Justices of equal seniority shall determine by lot which justice
1-22 serves as chief justice. A justice who accepts the office of chief
1-23 justice serves as chief justice until declining the office or
2-1 leaving the court. A declination or acceptance takes effect when
2-2 filed with the clerk of the court. The clerk shall record a
2-3 declination or acceptance in the minutes of the court.
2-4 (c) The legislature shall draw the boundaries of the places
2-5 within each court of appeals district, designate the number of each
2-6 place within the district, and designate the sequence in which each
2-7 place in the district will appear on a ballot to be filled by
2-8 partisan election by place. The number of places within a district
2-9 is equal to the number of justices provided by statute for the
2-10 court of appeals in that district. Each point within the district
2-11 shall be within the area of one place. If a justice is added to a
2-12 court of appeals, the justice shall be elected from the entire
2-13 district until the first general election following the next
2-14 redistricting of the district into places.
2-15 (d) Each justice, unless otherwise removed from office,
2-16 serves a six-year term of office. The initial election of a
2-17 justice for a full or unexpired term shall be a partisan election
2-18 by place. At the end of any justice's term of office that was
2-19 filled by a partisan election by place, the justice is subject, in
2-20 the manner provided by Chapter 278, Election Code, to confirmation
2-21 or rejection on a nonpartisan ballot by the qualified voters of the
2-22 court of appeals district. At the end of a term for which the
2-23 justice was retained in a retention election, the election cycle
2-24 for the justice begins again with a partisan election by place.
2-25 (e) If a majority of those voting in a retention election
3-1 vote for the retention of the justice, the justice remains in
3-2 office for a regular six-year term. If a majority do not vote for
3-3 the retention, a vacancy exists in the office at the end of the
3-4 term of the justice not retained. A justice who is not retained in
3-5 office is eligible for appointment or reelection to the office.
3-6 (f) Any election of a justice governed by Chapter 202,
3-7 Election Code, shall be a partisan election by place.
3-8 (g) To be eligible to serve as justice, the person at the
3-9 time of election or appointment must reside within the boundary of
3-10 the court of appeals district and may, but need not, be a resident
3-11 of the area of the place for which the office is filled.
3-12 (h) For purposes of the Election Code, each partisan
3-13 election by place of a justice is considered to be an election of a
3-14 district office filled by the voters of more than one county.
3-15 SECTION 3. Section 22.216, Government Code, is amended to
3-16 read as follows:
3-17 Sec. 22.216. Membership. (a) The Court of Appeals for the
3-18 First Court of Appeals District consists of nine <a chief justice
3-19 and eight> justices.
3-20 (b) The Court of Appeals for the Second Court of Appeals
3-21 District consists of seven <a chief justice and six> justices.
3-22 (c) The Court of Appeals for the Third Court of Appeals
3-23 District consists of six <a chief justice and five> justices.
3-24 (d) The Court of Appeals for the Fourth Court of Appeals
3-25 District consists of seven <a chief justice and six> justices.
4-1 (e) The Court of Appeals for the Fifth Court of Appeals
4-2 District consists of 13 <a chief justice and 12> justices.
4-3 (f) The Court of Appeals for the Sixth Court of Appeals
4-4 District consists of three <a chief justice and two> justices.
4-5 (g) The Court of Appeals for the Seventh Court of Appeals
4-6 District consists of four <a chief justice and three> justices.
4-7 (h) The Court of Appeals for the Eighth Court of Appeals
4-8 District consists of four <a chief justice and three> justices.
4-9 (i) The Court of Appeals for the Ninth Court of Appeals
4-10 District consists of three <a chief justice and two> justices.
4-11 (j) The Court of Appeals for the Tenth Court of Appeals
4-12 District consists of three <a chief justice and two> justices.
4-13 (k) The Court of Appeals for the Eleventh Court of Appeals
4-14 District consists of three <a chief justice and two> justices.
4-15 (l) The Court of Appeals for the Twelfth Court of Appeals
4-16 District consists of three <a chief justice and two> justices.
4-17 (m) The Court of Appeals for the Thirteenth Court of Appeals
4-18 District consists of six <a chief justice and five> justices.
4-19 (n) The Court of Appeals for the Fourteenth Court of Appeals
4-20 District consists of nine <a chief justice and eight> justices.
4-21 (o) A justice in each court of appeals district serves as
4-22 chief justice for that court as provided by Section 22.229.
4-23 SECTION 4. Section 22.201, Government Code, is amended to
4-24 read as follows:
4-25 Sec. 22.201. Courts of Appeals Districts. (a) The state is
5-1 divided into 14 courts of appeals districts with a court of appeals
5-2 in each district. Each court of appeals district is divided into
5-3 places as provided in this Section.
5-4 <(b) The First Court of Appeals District is composed of the
5-5 counties of Austin, Brazoria, Brazos, Burleson, Chambers, Colorado,
5-6 Fort Bend, Galveston, Grimes, Harris, Trinity, Walker, Waller, and
5-7 Washington.>
5-8 (b) <(c)> The Second Court of Appeals District is composed
5-9 of the counties of Archer, Clay, Cooke, Denton, Hood, Jack,
5-10 Montague, Parker, Tarrant, Wichita, Wise, and Young. The Second
5-11 Court of Appeals District is divided into seven places composed of
5-12 the following counties or parts of counties:
5-13 Place 1. That part of Tarrant County included in State
5-14 Representative Districts 90 and 95.
5-15 Place 2. That part of Tarrant County included in State
5-16 Representative Districts 89 and 91.
5-17 Place 3. Denton County.
5-18 Place 4. That part of Tarrant County included in State
5-19 Representative Districts 94 and 96.
5-20 Place 5. That part of Tarrant County included in State
5-21 Representative Districts 92 and 93.
5-22 Place 6. That part of Tarrant County included in State
5-23 Representative District 97.
5-24 Place 7. Archer, Clay, Cooke, Hood, Jack, Montague,
5-25 Parker, Wichita, Wise, and Young counties.
6-1 (c) <(d)> The Third Court of Appeals District is composed of
6-2 the counties of Bastrop, Bell, Blanco, Burnet, Caldwell, Coke,
6-3 Comal, Concho, Fayette, Hays, Irion, Lampasas, Lee, Llano,
6-4 McCulloch, Milam, Mills, Runnels, San Saba, Schleicher, Sterling,
6-5 Tom Green, Travis, and Williamson. The Third Court of Appeals
6-6 District is divided into six places composed of the following
6-7 counties or parts of counties:
6-8 Place 1. That part of Travis County included in State
6-9 Representative Districts 47 and 51.
6-10 Place 2. Bastrop and Caldwell counties and that part
6-11 of Travis County included in State Representative District 50.
6-12 Place 3. Hays County and that part of Travis County
6-13 included in State Representative District 48.
6-14 Place 4. Williamson County and that part of Travis
6-15 County included in State Representative District 49.
6-16 Place 5. Bell, Milam, Lee, and Fayette counties.
6-17 Place 6. Blanco, Burnet, Coke, Comal, Concho, Irion,
6-18 Lampasas, Llano, McCulloch, Mills, Runnels, San Saba, Schleicher,
6-19 Sterling, and Tom Green counties.
6-20 (d) <(e)> The Fourth Court of Appeals District is composed
6-21 of the counties of Atascosa, Bandera, Bexar, Brooks, Dimmit, Duval,
6-22 Edwards, Frio, Gillespie, Guadalupe, Jim Hogg, Jim Wells, Karnes,
6-23 Kendall, Kerr, Kimble, Kinney, LaSalle, McMullen, Mason, Maverick,
6-24 Medina, Menard, Real, Starr, Sutton, Uvalde, Val Verde, Webb,
6-25 Wilson, Zapata, and Zavala. The Fourth Court of Appeals District
7-1 is divided into seven places composed of the following counties or
7-2 parts of counties:
7-3 Place 1. Atascosa, Brooks, Duval, Jim Hogg, Jim Wells,
7-4 Karnes, McMullen, Starr, Webb, Wilson, and Zapata counties.
7-5 Place 2. That part of Bexar County included in State
7-6 Representative Districts 119 and 120.
7-7 Place 3. That part of Bexar County included in State
7-8 Representative Districts 115 and 116.
7-9 Place 4. Bandera, Dimmit, Edwards, Frio, Gillespie,
7-10 Kendall, Kerr, Kimble, Kinney, LaSalle, Mason, Maverick, Medina,
7-11 Menard, Real, Sutton, Uvalde, Val Verde, and Zavala counties.
7-12 Place 5. That part of Bexar County included in State
7-13 Representative Districts 118 and 124.
7-14 Place 6. That part of Bexar County included in State
7-15 Representative Districts 117 and 123.
7-16 Place 7. Guadalupe County and that part of Bexar
7-17 County included in State Representative Districts 121 and 122.
7-18 (e) <(f)> The Fifth Court of Appeals District is composed of
7-19 the counties of Collin, Dallas, Grayson, Hunt, Kaufman, Rockwall,
7-20 and Van Zandt. The Fifth Court of Appeals District is divided into
7-21 13 places composed of the following counties or parts of counties:
7-22 Place 1. That part of Dallas County included in State
7-23 Representative District 100.
7-24 Place 2. That part of Dallas County included in State
7-25 Representative District 110.
8-1 Place 3. That part of Dallas County included in State
8-2 Representative District 111.
8-3 Place 4. That part of Dallas County included in State
8-4 Representative District 103.
8-5 Place 5. That part of Dallas County included in State
8-6 Representative District 107.
8-7 Place 6. That part of Dallas County included in State
8-8 Representative Districts 108 and 109.
8-9 Place 7. That part of Dallas County included in State
8-10 Representative Districts 99 and 102.
8-11 Place 8. That part of Dallas County included in State
8-12 Representative Districts 112 and 114.
8-13 Place 9. That part of Dallas County included in State
8-14 Representative Districts 101 and 113.
8-15 Place 10. That part of Dallas County included in State
8-16 Representative Districts 104 and 105.
8-17 Place 11. That part of Dallas County included in State
8-18 Representative Districts 98 and 106.
8-19 Place 12. Grayson, Hunt, Kaufman, Rockwall, and Van
8-20 Zandt counties.
8-21 Place 13. Collin County.
8-22 (f) <(g)> The Sixth Court of Appeals District is composed of
8-23 the counties of Bowie, Camp, Cass, Delta, Fannin, Franklin, Gregg,
8-24 Harrison, Hopkins, Hunt, Lamar, Marion, Morris, Panola, Red River,
8-25 Rusk, Titus, Upshur, and Wood. The Sixth Court of Appeals District
9-1 is divided into three places composed of the following counties:
9-2 Place 1. Marion, Cass, Camp, Morris, Upshur, Wood,
9-3 Hopkins, and Hunt counties.
9-4 Place 2. Bowie, Fannin, Lamar, Red River, Titus,
9-5 Delta, and Franklin counties.
9-6 Place 3. Gregg, Harrison, Panola, and Rusk counties.
9-7 (g) <(h)> The Seventh Court of Appeals District is composed
9-8 of the counties of Armstrong, Bailey, Briscoe, Carson, Castro,
9-9 Childress, Cochran, Collingsworth, Cottle, Crosby, Dallam, Deaf
9-10 Smith, Dickens, Donley, Floyd, Foard, Garza, Gray, Hale, Hall,
9-11 Hansford, Hardeman, Hartley, Hemphill, Hockley, Hutchinson, Kent,
9-12 King, Lamb, Lipscomb, Lubbock, Lynn, Moore, Motley, Ochiltree,
9-13 Oldham, Parmer, Potter, Randall, Roberts, Sherman, Swisher, Terry,
9-14 Wilbarger, Wheeler, and Yoakum. The Seventh Court of Appeals
9-15 District is divided into four places composed of the following
9-16 counties or parts of counties:
9-17 Place 1. Armstrong, Potter, and Randall counties.
9-18 Place 2. That part of Lubbock County included in State
9-19 Representative Districts 82 and 83.
9-20 Place 3. Bailey, Briscoe, Carson, Castro, Childress,
9-21 Collingsworth, Dallam, Deaf Smith, Donley, Gray, Hall, Hansford,
9-22 Hartley, Hemphill, Hutchinson, Lipscomb, Moore, Ochiltree, Oldham,
9-23 Parmer, Roberts, Sherman, Swisher, and Wheeler counties.
9-24 Place 4. Cochran, Cottle, Crosby, Dickens, Floyd,
9-25 Foard, Garza, Hale, Hardeman, Hockley, Kent, King, Lamb, Lynn,
10-1 Motley, Terry, Wilbarger, and Yoakum counties, and that part of
10-2 Lubbock County not included in Place 2.
10-3 (h) <(i)> The Eighth Court of Appeals District is composed
10-4 of the counties of Andrews, Brewster, Crane, Crockett, Culberson,
10-5 Ector, El Paso, Gaines, Glasscock, Hudspeth, Jeff Davis, Loving,
10-6 Martin, Midland, Pecos, Presidio, Reagan, Reeves, Terrell, Upton,
10-7 Ward, and Winkler. The Eighth Court of Appeals District is divided
10-8 into four places composed of the following counties or parts of
10-9 counties:
10-10 Place 1. That part of El Paso County included in State
10-11 Representative Districts 72 and 73.
10-12 Place 2. Brewster, Crockett, Culberson, Hudspeth, Jeff
10-13 Davis, Pecos, Presidio, Reeves, and Terrell counties and that part
10-14 of El Paso County not included in Places 1 or 4.
10-15 Place 3. Andrews, Crane, Ector, Gaines, Glasscock,
10-16 Loving, Martin, Midland, Reagan, Upton, Ward, and Winkler counties.
10-17 Place 4. That part of El Paso County included in State
10-18 Representative Districts 70 and 71.
10-19 (i) <(j)> The Ninth Court of Appeals District is composed of
10-20 the counties of Angelina, Hardin, Jasper, Jefferson, Liberty,
10-21 Montgomery, Newton, Orange, Polk, San Jacinto, and Tyler. The
10-22 Ninth Court of Appeals District is divided into three places
10-23 composed of the following counties:
10-24 Place 1. Liberty, Montgomery, Polk, and San Jacinto
10-25 counties.
11-1 Place 2. Angelina, Jasper, Newton, Orange, and Tyler
11-2 counties.
11-3 Place 3. Jefferson and Hardin counties.
11-4 (j) <(k)> The Tenth Court of Appeals District is composed of
11-5 the counties of Bosque, Brazos, Coryell, Ellis, Falls, Freestone,
11-6 Hamilton, Hill, Johnson, Leon, Limestone, Madison, McLennan,
11-7 Navarro, Robertson, and Somervell. The Tenth Court of Appeals
11-8 District is divided into three places composed of the following
11-9 counties:
11-10 Place 1. Bosque, Coryell, Hamilton, Johnson, and
11-11 Somervell.
11-12 Place 2. Ellis, Hill, and McLennan.
11-13 Place 3. Brazos, Falls, Freestone, Leon, Limestone,
11-14 Madison, Navarro, and Robertson.
11-15 (k) <(l)> The Eleventh Court of Appeals District is composed
11-16 of the counties of Baylor, Borden, Brown, Callahan, Coleman,
11-17 Comanche, Dawson, Eastland, Erath, Fisher, Haskell, Howard, Jones,
11-18 Knox, Mitchell, Nolan, Palo Pinto, Scurry, Shackelford, Stephens,
11-19 Stonewall, Taylor, and Throckmorton. The Eleventh Court of Appeals
11-20 District is divided into three places composed of the following
11-21 counties:
11-22 Place 1. Nolan and Taylor.
11-23 Place 2. Brown, Coleman, Comanche, Eastland, Erath,
11-24 Palo Pinto, and Stephens.
11-25 Place 3. Baylor, Borden, Callahan, Dawson, Fisher,
12-1 Haskell, Howard, Jones, Knox, Mitchell, Scurry, Shackelford,
12-2 Stonewall, and Throckmorton.
12-3 (l) <(m)> The Twelfth Court of Appeals District is composed
12-4 of the counties of Anderson, Cherokee, Gregg, Henderson, Hopkins,
12-5 Houston, Kaufman, Nacogdoches, Panola, Rains, Rusk, Sabine, San
12-6 Augustine, Shelby, Smith, Upshur, Van Zandt, and Wood. The Twelfth
12-7 Court of Appeals District is divided into three places composed of
12-8 the following counties:
12-9 Place 1. Gregg, Panola, Rusk, Sabine, San Augustine,
12-10 Shelby, Upshur, and Wood.
12-11 Place 2. Anderson, Henderson, Hopkins, Houston,
12-12 Kaufman, Rains, and Van Zandt.
12-13 Place 3. Cherokee, Nacodgoches, and Smith.
12-14 (m) <(n)> The Thirteenth Court of Appeals District is
12-15 composed of the counties of Aransas, Bee, Calhoun, Cameron, DeWitt,
12-16 Goliad, Gonzales, Hidalgo, Jackson, Kenedy, Kleberg, Lavaca, Live
12-17 Oak, Matagorda, Nueces, Refugio, San Patricio, Victoria, Wharton,
12-18 and Willacy. The Thirteenth Court of Appeals District is divided
12-19 into six places composed of the following counties or parts of
12-20 counties:
12-21 Place 1. Kenedy and Willacy counties and that part of
12-22 Cameron County included in 1990 census voting tabulation district
12-23 units 20, 27, 28, 32, 33, 34, 35, 39, 42, 56, 58, and 64, and that
12-24 part of Hidalgo County located in 1990 census voting tabulation
12-25 district units 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 24, 28,
13-1 29, 30, 31, 33, 38, 43, 48, 50, 51, 52, 53, 54, 63, 64, 68, 69, 70,
13-2 74, 75, 76, and 78.
13-3 Place 2. That part of Hidalgo County not included in
13-4 Place 1.
13-5 Place 3. That part of Cameron County not included in
13-6 Place 1.
13-7 Place 4. Kleberg County and that part of Nueces County
13-8 included in State Representative Districts 34 and 35.
13-9 Place 5. Aransas, Bee, Goliad, Live Oak, Refugio, and
13-10 San Patricio counties and that part of Nueces County included in
13-11 State Representative District 36.
13-12 Place 6. Calhoun, DeWitt, Gonzales, Jackson, Lavaca,
13-13 Matagorda, Victoria, and Wharton counties.
13-14 <(o) The Fourteenth Court of Appeals Districts is composed
13-15 of the counties of Austin, Brazoria, Brazos, Burleson, Chambers,
13-16 Colorado, Fort Bend, Galveston, Grimes, Harris, Trinity, Walker,
13-17 Waller, and Washington.>
13-18 (n) The First Court of Appeals District and the Fourteenth
13-19 Court of Appeals District are composed of the counties of Austin,
13-20 Brazoria, Brazos, Burleson, Chambers, Colorado, Fort Bend,
13-21 Galveston, Grimes, Harris, Trinity, Walker, Waller, and Washington.
13-22 The First Court of Appeals District and the Fourteenth Court of
13-23 Appeals District shall be composed of the following places:
13-24 Place 1. That part of Harris County included in State
13-25 Representative Districts 143 and 148.
14-1 Place 2. That part of Harris County included in State
14-2 Representative Districts 141 and 142.
14-3 Place 3. That part of Harris County included in State
14-4 Representative Districts 146 and 147.
14-5 Place 4. That part of Harris County included in State
14-6 Representative Districts 132 and 137.
14-7 Place 5. That part of Harris County included in State
14-8 Representative Districts 139 and 126.
14-9 Place 6. That part of Harris County included in State
14-10 Representative Districts 138 and 140.
14-11 Place 7. That part of Harris County included in State
14-12 Representative Districts 134 and 135.
14-13 Place 8. That part of Harris County included in State
14-14 Representative Districts 131 and 145.
14-15 Place 9. That part of Harris County included in State
14-16 Representative Districts 135 and 150.
14-17 Place 10. That part of Harris Count included in State
14-18 Representative Districts 126 and 135.
14-19 Place 11. Chambers County and that part of Harris
14-20 County included in State Representative District 127.
14-21 Place 12. That part of Harris County included in State
14-22 Representative Districts 128 and 129.
14-23 Place 13. That part of Harris County included in State
14-24 Representative Districts 130 and 144.
14-25 Place 14. Galveston County.
15-1 Place 15. Brazoria County.
15-2 Place 16. Fort Bend County.
15-3 Place 17. Trinity, Walker, Grimes and Brazos counties.
15-4 Place 18. Austin, Burleson, Colorado, Waller, and
15-5 Washington counties.
15-6 A justice elected to a place shall serve on the same court of
15-7 appeals as the justice he or she immediately succeeds.
15-8 (o) In this section, "state representative district" means
15-9 those state representative districts as configured for the 1994
15-10 general election.
15-11 (p) Places within a court of appeals district shall be
15-12 filled by partisan election by place in ascending numerical order
15-13 from the smallest numbered to the largest numbered place.
15-14 SECTION 5. Title 16, Election Code, is amended by adding
15-15 Chapter 278 to read as follows:
15-16 CHAPTER 278. RETENTION ELECTIONS FOR CERTAIN JUDICIAL OFFICES
15-17 SUBCHAPTER A. RETENTION ELECTIONS
15-18 Sec. 278.001. DECLARATION OF CANDIDACY. (a) For purposes
15-19 of this chapter, the term "justice" includes "chief justice." Not
15-20 later than the 30th day before the date of the regular filing
15-21 deadline for candidates in the primary election preceding the last
15-22 general election for state and county officers before the
15-23 expiration of the term of office, each justice of a court of
15-24 appeals who desires to continue to serve in that office must file
15-25 with the secretary of state a declaration of candidacy to succeed
16-1 himself. A declaration may not be filed earlier than the 60th day
16-2 before the date of the regular filing deadline. Section 172.021,
16-3 Election Code, shall not apply to retention elections.
16-4 (b) A declaration of candidacy must be accompanied by a
16-5 filing fee in the amount prescribed for a justice of a court of
16-6 appeals by Section 172.024 or by a petition in lieu of a filing
16-7 fee with the number of signatures prescribed by Section 172.025.
16-8 Any petition filed under this subsection may not be obtained on the
16-9 grounds of a county courthouse or courthouse annex.
16-10 (c) If no declaration of candidacy is filed for a particular
16-11 office, the office shall be filled by a partisan election by place
16-12 under Section 22.229, Government Code.
16-13 Sec. 278.002. RETENTION BALLOT. (a) If a declaration of
16-14 candidacy is filed, the name of the incumbent shall be submitted
16-15 to the voters separately on the general election ballot, without
16-16 party designation, and under the heading "Nonpartisan Judicial
16-17 Retention Election."
16-18 (b) The ballot shall be printed to allow voting for or
16-19 against retention of the incumbent.
16-20 Sec. 278.003. GENERAL PROCEDURE FOR CONDUCT OF RETENTION
16-21 ELECTION. (a) Except as otherwise provided by this code, the
16-22 nonpartisan judicial retention election shall be conducted and the
16-23 results canvassed, tabulated, and reported in the manner
16-24 applicable to partisan offices in the general election.
16-25 (b) Certificates of election shall be issued to the retained
17-1 officers in the same manner as provided for candidates elected in
17-2 partisan elections.
17-3 Sec. 278.004. CAMPAIGN CONTRIBUTIONS AND EXPENDITURES. A
17-4 candidate for retention of a judicial office is subject to Title
17-5 15, and the candidate shall keep a record of contributions and
17-6 expenditures and shall file reports of contributions and
17-7 expenditures on the same basis as required of partisan candidates
17-8 for district offices.
17-9 Sec. 278.005. DISPOSITION OF FILING FEES. The secretary of
17-10 state shall deposit the filing fees received under Section 278.001
17-11 in a suspense account with the state treasurer until after election
17-12 day. The funds remaining in the account after any refunds are made
17-13 shall be deposited to the credit of the general revenue fund.
17-14 Sec. 278.006. APPLICABILITY OF OTHER PARTS OF CODE. The
17-15 other titles of this code apply to a nonpartisan judicial retention
17-16 election, except provisions that are inconsistent with this chapter
17-17 or that cannot feasibly be applied to a nonpartisan judicial
17-18 retention election.
17-19 Sec. 278.007. ADDITIONAL PROCEDURES. The secretary of state
17-20 shall prescribe any additional procedures necessary for the orderly
17-21 and proper administration of nonpartisan judicial retention
17-22 elections.
17-23 (Sections 278.008-278.020 reserved for expansion
17-24 SECTION 6. Section 22.203, Government Code, is amended to
17-25 read as follows:
18-1 Sec. 22.203. Second Court of Appeals. (a) The Court of
18-2 Appeals for the Second Court of Appeals District shall be held in
18-3 the City of Fort Worth.
18-4 (b) The court may transact its business in any county in the
18-5 district as the court determines is necessary or convenient.
18-6 <(c) The Court of Appeals for the Second Court of Appeals
18-7 District is composed of a chief justice and of six justices holding
18-8 places numbered consecutively beginning with Place 2.>
18-9 <(d) The designation of offices and places under this
18-10 section identifies the offices and places for all purposes,
18-11 including identification on official ballots for primary and
18-12 general elections notwithstanding Section 52.092, Election Code.>
18-13 <(e) A vacancy in the office of justice or chief justice of
18-14 the Court of Appeals for the Second Court of Appeals District shall
18-15 be filled by designation of office and, in the case of a justice,
18-16 by designation of place.>
18-17 <(f) The court by a majority vote of its members shall
18-18 promulgate rules establishing a seniority system to determine which
18-19 office and place is held by each member of the court. The chief
18-20 justice shall file the names and place numbers of the court members
18-21 with the secretary of state and the clerk of the court.>
18-22 <(g) If any additional offices of justices of the court are
18-23 created, the designation for those offices shall be in consecutive
18-24 numerical order beginning with Place 8. If two or more offices of
18-25 justice are created to take effect the same date, and the
19-1 legislature does not specify places for those offices, the court
19-2 shall by rule determine places for each office. If the court does
19-3 not determine places before a person is appointed or elected to
19-4 fill the initial vacancy, the places are determined by the
19-5 seniority system established as provided by Subsection (f).>
19-6 SECTION 7. Section 1.005(9), Election Code, is amended to
19-7 read as follows:
19-8 (9) "Independent candidate" means a candidate in a
19-9 nonpartisan election, other than a nonpartisan judicial retention
19-10 election, or a candidate in a partisan election who is not the
19-11 nominee of a political party.
19-12 SECTION 8. Section 41.002, Election Code, is amended to read
19-13 as follows:
19-14 Sec. 41.002. General Election for State and County Officers.
19-15 The general election for state and county officers, including a
19-16 nonpartisan judicial retention election, shall be held on the first
19-17 Tuesday after the first Monday in November in even-numbered years.
19-18 SECTION 9. Section 52.092(d), Election Code, is amended to
19-19 read as follows:
19-20 (d) District offices of the state government shall be listed
19-21 in the following order:
19-22 (1) member, State Board of Education;
19-23 (2) state senator;
19-24 (3) state representative;
19-25 (4) <chief justice, court of appeals;>
20-1 <(5)> justice, court of appeals;
20-2 (5) <(6)> district judge;
20-3 (6) <(7)> criminal district judge;
20-4 (7) <(8)> family district judge;
20-5 (8) <(9)> district attorney;
20-6 (9) <(10)> criminal district attorney.
20-7 SECTION 10. Section 145.003(b), Election Code, is amended to
20-8 read as follows:
20-9 (b) A candidate in the general election for state and county
20-10 officers, including a nonpartisan judicial retention election, may
20-11 be declared ineligible before the 30th day preceding election day
20-12 by:
20-13 (1) the party officer responsible for certifying the
20-14 candidate's name for placement on the general election ballot, in
20-15 the case of a candidate who is a political party's nominee; or
20-16 (2) the authority with whom the candidate's
20-17 application for a place on the ballot or declaration of candidacy
20-18 is required to be filed, in the case of an independent candidate or
20-19 a candidate in a nonpartisan judicial retention election, as
20-20 applicable.
20-21 SECTION 11. INTERIM PROVISION. This provision is necessary
20-22 to assure continuity in the administration of justice and to
20-23 provide for the orderly transition to the method of electing
20-24 justices by place. Chief justices and justices serving on the
20-25 courts of appeal on the effective date of this Act may, at the end
21-1 of their current term of office and at the end of each succeeding
21-2 term of office, at their option stand for election either by a
21-3 nonpartisan retention election in the entire court of appeals
21-4 district under Chapter 278, Election Code, or by a partisan
21-5 election by place. Until a chief justice or justice covered by
21-6 this section has been elected in a partisan election by place, the
21-7 chief justice or justice may not be identified with a specific
21-8 place within the court of appeals district.
21-9 SECTION 12. A person serving as chief justice of a court of
21-10 appeals on the effective date of this Act continues to serve as
21-11 chief justice until the person declines the office of chief justice
21-12 in writing or vacates the office of justice of the court of
21-13 appeals.
21-14 SECTION 13. The importance of this legislation and the
21-15 crowded condition of the calendars in both houses create an
21-16 emergency and an imperative public necessity that the
21-17 constitutional rule requiring bills to be read on three several
21-18 days in each house be suspended, and this rule is hereby suspended,
21-19 and that this Act take effect and be in force from and after its
21-20 passage, and it is so enacted.