By Patterson                                            S.B. No. 77
       74R2127 MWV-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the appointment of appellate justices and judges and
    1-3  certain district judges and to the election on confirmation of
    1-4  those justices and judges.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Chapter 22, Government Code, is amended by adding
    1-7  Subchapter E to read as follows:
    1-8         SUBCHAPTER E.  SELECTION AND CONFIRMATION OF CERTAIN
    1-9                           JUDICIAL OFFICERS
   1-10        Sec. 22.401.  Definition.  In this subchapter "commission"
   1-11  means the appellate court commission, a court of appeals
   1-12  commission, or a district court commission.
   1-13        Sec. 22.402.  Commissions.  (a)  The following court
   1-14  commissions are created:
   1-15              (1)  the appellate court commission for the supreme
   1-16  court and the court of criminal appeals;
   1-17              (2)  13 court of appeals commissions, one for each of
   1-18  the court of appeals districts 2-13 and one for court of appeals
   1-19  districts 1 and 14; and
   1-20              (3)  six district court commissions, one each in Bexar,
   1-21  Dallas, El Paso, Harris, Tarrant, and Travis counties.
   1-22        (b)  A commission is composed of 15 citizens of the state who
   1-23  hold no other office of trust or profit under the governments of
   1-24  the United States, the State of Texas, or any other government,
    2-1  appointed as follows:
    2-2              (1)  one person licensed to practice law by the supreme
    2-3  court and three persons not licensed to practice law, not all of
    2-4  whom may be of the same political party, appointed by the governor,
    2-5  with the advice and consent of the senate;
    2-6              (2)  one person licensed to practice law by the supreme
    2-7  court and two persons not licensed to practice law, not all of whom
    2-8  may be of the same political party, appointed by the lieutenant
    2-9  governor, with the advice and consent of the senate;
   2-10              (3)  one person licensed to practice law by the supreme
   2-11  court and two persons not licensed to practice law, not all of whom
   2-12  may be of the same political party, appointed by the speaker of the
   2-13  house of representatives, with the advice and consent of the
   2-14  senate;
   2-15              (4)  three persons licensed to practice law by the
   2-16  supreme court, appointed by the president of the state bar, with
   2-17  the advice and consent of the senate; and
   2-18              (5)  two persons not licensed to practice law, one each
   2-19  appointed by the chair of each of the state executive committees of
   2-20  the two political parties the gubernatorial nominees of which
   2-21  received the highest number of votes in the general election
   2-22  immediately preceding the appointment, with the advice and consent
   2-23  of the senate.
   2-24        Sec. 22.403.  Appointments to Commission.  Appointing
   2-25  authorities shall, in addition to meeting the requirements of
   2-26  Section 22.402, make appointments to a commission in a manner that
   2-27  ensures that the commission is representative of the race, sex,
    3-1  national origin, ethnicity, and geographical distribution of the
    3-2  citizens of the state, the court of appeals district, or the
    3-3  county, as applicable.  After the appointing process has been
    3-4  completed, the governor shall review the proposed membership of a
    3-5  commission.  If the governor determines that the membership of a
    3-6  commission is not representative of the race, sex, national origin,
    3-7  ethnicity, and geographical distribution of the citizens of the
    3-8  state, district, or county, the governor shall convene the
    3-9  appointing authorities in a special meeting to appoint or reappoint
   3-10  persons to the commission to achieve that representation on the
   3-11  commission.  Members of the appellate court commission may not be
   3-12  residents of the same county or of the same city.  No more than
   3-13  five members of a court of appeals commission may be residents of
   3-14  the same county or of the same city.  Each appointing authority may
   3-15  not appoint more than one member who is a resident of a particular
   3-16  county to a court of appeals commission.
   3-17        Sec. 22.404.  Preference of Appointments.  If appointees are
   3-18  proposed from the same county or city as prohibited by Section
   3-19  22.403, the proposed appointees of the governor have preference
   3-20  over those of all other appointing authorities, followed by those
   3-21  of the lieutenant governor, those of the speaker of the house of
   3-22  representatives, those of the president of the state bar, that of
   3-23  the chair of the state executive committee of the political party
   3-24  the gubernatorial nominee of which received the highest number of
   3-25  votes in the general election immediately preceding the
   3-26  appointment, and that of the chair of the state executive committee
   3-27  of the political party the gubernatorial nominee of which received
    4-1  the second highest number of votes in the general election
    4-2  immediately preceding the appointment.
    4-3        Sec. 22.405.  Terms of Office.  Members of a commission serve
    4-4  staggered three-year terms.  A member who has served two full terms
    4-5  on a commission is not eligible for appointment to an additional
    4-6  full or unexpired term on that commission.  A vacancy on a
    4-7  commission is filled by the original appointing authority for that
    4-8  position for the remainder of the term.
    4-9        Sec. 22.406.  Chair.  The governor shall designate the chair
   4-10  of each commission from its members.
   4-11        Sec. 22.407.  Meetings; Records.  (a)  Meetings shall be held
   4-12  at times and places as may be designated by the chair or by any
   4-13  five members of a commission.  Meetings of a commission are subject
   4-14  to the open meetings law, Chapter 551, Government Code.
   4-15        (b)  Commission records are subject to the open records law,
   4-16  Chapter 552, Government Code.
   4-17        Sec. 22.408.  Conflicts of Interest; Communications.  (a)  A
   4-18  member of a commission shall disclose to all other members of the
   4-19  commission all personal and business relationships with a
   4-20  prospective nominee that may directly or indirectly influence the
   4-21  member's decision.  If a substantial conflict of interest is
   4-22  apparent, the member shall disqualify himself from voting on
   4-23  further consideration of any affected prospective nominee or the
   4-24  commission, by a two-thirds vote of the membership of the
   4-25  commission, may disqualify the member.
   4-26        (b)  An individual member who receives a written
   4-27  communication relating to a candidate for judicial office shall
    5-1  forward the communication to all other members of the commission.
    5-2  An individual member shall prepare and forward to all other members
    5-3  a summary of any oral conversations the individual member has
    5-4  concerning any candidate under consideration by the commission.
    5-5  Communications forwarded under this subsection are confidential and
    5-6  may not be disclosed to any person not a member of the commission.
    5-7  A member of the commission may not initiate or receive any
    5-8  communications directly or indirectly with the governor about a
    5-9  candidate for a vacancy before the submission of a final list of
   5-10  nominees to the governor.  The governor may not initiate any
   5-11  communication directly or indirectly with any member of a
   5-12  commission concerning a candidate for a judicial vacancy and may
   5-13  not respond to any inquiry by any member of a commission concerning
   5-14  a candidate.
   5-15        Sec. 22.409.  Rules.  A commission operates under rules
   5-16  adopted by the appellate court commission.
   5-17        Sec. 22.410.  Appropriations.  The legislature shall provide
   5-18  the necessary appropriations for operation of the commissions,
   5-19  including any compensation for the members.
   5-20        Sec. 22.411.  List of Nominees.  (a)  When a vacancy occurs
   5-21  in the office of a supreme court justice, a court of criminal
   5-22  appeals judge, or a court of appeals justice, or in an office to
   5-23  which Article V, Section 28(c), of the Texas Constitution applies,
   5-24  or when an incumbent in one of those offices does not file a
   5-25  declaration of candidacy as provided by Section 291.001(a),
   5-26  Election Code, the appellate court commission or the appropriate
   5-27  court of appeals or district court commission shall submit to the
    6-1  governor a list of three nominees eligible to hold the office.  A
    6-2  commission shall list the names of the nominees in alphabetical
    6-3  order without comment or ranking.
    6-4        (b)  A commission shall hold a public hearing to take public
    6-5  testimony regarding the proposed nominees before it submits the
    6-6  list to the governor and shall submit a record of the hearing with
    6-7  the list.
    6-8        (c)  Prospective nominees or third parties may submit names
    6-9  to a commission for nomination, but applications must contain a
   6-10  consent to the appointment and are public information on receipt by
   6-11  the commission.
   6-12        (d)  Except as provided by Subsections (e) and (f), the
   6-13  appropriate commission shall submit the list and record to the
   6-14  governor not later than the 60th day after the date a vacancy
   6-15  occurs.
   6-16        (e)  If a vacancy occurs because an incumbent has not filed a
   6-17  declaration of candidacy as provided by Section 291.001(a),
   6-18  Election Code, the appropriate commission shall submit the list and
   6-19  record to the governor not later than the 60th day after the date
   6-20  the secretary of state notifies the commission as provided by
   6-21  Section 291.001(c), Election Code.
   6-22        (f)  If a vacancy occurs on or after the 155th day before the
   6-23  date of the general election for state and county officers and
   6-24  before the 111th day before that date, the appropriate commission
   6-25  shall submit the list and record to the governor not later than the
   6-26  80th day before the date of that general election.  For purposes of
   6-27  this subchapter, a vacancy that occurs on or after the 111th day
    7-1  before the date of the general election for state and county
    7-2  officers occurs after the date of that election.
    7-3        Sec. 22.412.  Appointment by Governor.  (a)  The governor
    7-4  shall appoint a person to fill an existing vacancy, or a vacancy
    7-5  that will exist because an incumbent did not file a declaration of
    7-6  candidacy as provided by Section 291.001(a), Election Code, from
    7-7  the list of nominees submitted to the governor by the appropriate
    7-8  commission to fill that particular vacancy.
    7-9        (b)  Except as provided by Subsection (c), the governor shall
   7-10  appoint a person not later than the 30th day after the date the
   7-11  governor receives the list.
   7-12        (c)  If the appropriate commission is required under Section
   7-13  22.411(f) to submit a list not later than the 80th day before the
   7-14  date of the general election for state and county officers, the
   7-15  governor shall appoint a person not later than the 15th day after
   7-16  the date the governor receives the list.
   7-17        (d)  If a commission does not submit a list and record within
   7-18  the period provided by Section 22.411, the governor may appoint any
   7-19  qualified person.  Section 22.414 does not apply to an appointment
   7-20  made under this subsection.
   7-21        Sec. 22.413.  Fewer than Three Nominees.  A commission may
   7-22  submit a list of fewer than three nominees if 12 members of the
   7-23  commission sign a certification that there are not three qualified,
   7-24  eligible nominees for a vacancy.  The certification must be a part
   7-25  of the list of nominees submitted to the governor.
   7-26        Sec. 22.414.  Governor Does Not Appoint.  (a)  If the
   7-27  governor does not make a judicial appointment within the period
    8-1  provided by Section 22.412(b), the lieutenant governor shall make
    8-2  the appointment from the list.  If the lieutenant governor does not
    8-3  make the appointment within 15 days after the date the period in
    8-4  which the governor may appoint expires, the speaker of the house of
    8-5  representatives shall make the appointment from the list.  If the
    8-6  speaker does not make the appointment within 15 days after the date
    8-7  the period in which the lieutenant governor may appoint expires,
    8-8  the commission shall by two-thirds vote of its membership make the
    8-9  appointment.  Appointments are made with the advice and consent of
   8-10  the senate in the manner provided by Article IV, Section 12, of the
   8-11  Texas Constitution.
   8-12        (b)  If the governor does not make a judicial appointment
   8-13  within the 15-day period provided by Section 22.412(c), the list is
   8-14  invalid and, for purposes of this subchapter, the vacancy occurs
   8-15  after the date of the general election.
   8-16        Sec. 22.415.  Commission Member Ineligible.  A member of the
   8-17  commission is not eligible for appointment to a state judicial
   8-18  office during the term for which appointed and for three years
   8-19  after the date the term expires.
   8-20        Sec. 22.416.  Subject to Confirmation Election.  (a)  Except
   8-21  as provided by Subsection (b), a justice or judge appointed to an
   8-22  initial term as provided by this subchapter is subject to
   8-23  confirmation or rejection for a term on a nonpartisan ballot at the
   8-24  first general election for state and county officers held after the
   8-25  date the oath of office is taken.  The initial term expires January
   8-26  1 following the general election at which the justice or judge is
   8-27  subject to confirmation or rejection.
    9-1        (b)  A justice or judge appointed to fill a vacancy created
    9-2  by an incumbent who has not filed the declaration required by
    9-3  Section 291.001(a), Election Code, is subject to confirmation or
    9-4  rejection on a nonpartisan ballot at the last general election held
    9-5  before the incumbent's term of office expires.  If an appellate
    9-6  justice or judge is confirmed, the justice or judge, unless removed
    9-7  as provided by law, serves a regular six-year term beginning
    9-8  January 1 following the confirmation election.  If a district judge
    9-9  is confirmed, the judge, unless removed as provided by law, serves
   9-10  a regular four-year term beginning January 1 following the
   9-11  confirmation election.
   9-12        Sec. 22.417.  Effect of Election.  If a majority of those
   9-13  voting on the question vote against the confirmation of the justice
   9-14  or judge, a vacancy in the office exists on the first day of the
   9-15  following January, and the vacancy shall be filled in the manner
   9-16  provided by this subchapter.  If a majority of those voting on the
   9-17  question vote for the confirmation of the justice or judge, the
   9-18  person unless removed as provided by law remains in office for the
   9-19  unexpired term, or for a regular term of six years for an appellate
   9-20  justice or judge and four years for a district judge, beginning on
   9-21  the first day of the following January.  If a deceased candidate
   9-22  receives the necessary votes for confirmation,  the vacancy shall
   9-23  be filled as in the case of a vacancy occurring after the election.
   9-24        SECTION 2.  The Election Code is amended by adding Title 17
   9-25  to read as follows:
   9-26           TITLE 17.  ELECTION ON CONFIRMATION OF APPELLATE
   9-27            JUSTICES AND JUDGES AND CERTAIN DISTRICT JUDGES
   10-1               CHAPTER 291.  ELECTION ON CONFIRMATION OF
   10-2       APPELLATE JUSTICES AND JUDGES AND CERTAIN DISTRICT JUDGES
   10-3        Sec. 291.001.  Declaration of Candidacy.  (a)  Not later than
   10-4  6 p.m. on January 2 preceding the last general election for state
   10-5  and county officers before the expiration of the term of office,
   10-6  each justice of the supreme court, judge of the court of criminal
   10-7  appeals, justice of a court of appeals, and judge of a district
   10-8  court to which Article V, Section 28(c), of the Texas Constitution
   10-9  applies who desires to continue to serve in that office must file
  10-10  with the secretary of state a declaration of candidacy to succeed
  10-11  himself.  A declaration may not be filed earlier than the 30th day
  10-12  before the date of the filing deadline.
  10-13        (b)  If a declaration of candidacy is not filed for a
  10-14  particular office, the office becomes vacant on the expiration of
  10-15  the current term of office.
  10-16        (c)  Not later than the 10th day after the date of the filing
  10-17  deadline for declarations of candidacy under Subsection (a), the
  10-18  secretary of state shall notify the governor and the appellate
  10-19  court commission, the appropriate court of appeals commission, or
  10-20  the appropriate district court commission of each office for which
  10-21  the term is to expire and for which a declaration of candidacy has
  10-22  not been filed by the incumbent.
  10-23        Sec. 291.002.  Confirmation Ballot.  The name of the person
  10-24  subject to confirmation shall be submitted to the voters by
  10-25  separate ballot or on the general election ballot, if convenient,
  10-26  without party designation and under the heading "Nonpartisan
  10-27  Judicial Offices," in substantially the following form:
   11-1                  "Shall Justice (Judge)_____________________________
   11-2                  ___________________________________________________
   11-3                  be  confirmed  in office  as justice (judge) of the
   11-4                  ____________________________________________Court?"
   11-5              ____"Yes"
   11-6              ____"No" 
   11-7        Sec. 291.003.  General Procedure for Conduct of Confirmation
   11-8  Election.  (a)  Except as otherwise provided by this code, the
   11-9  nonpartisan judicial confirmation election shall be conducted and
  11-10  the results canvassed, tabulated, and reported in the manner
  11-11  applicable to partisan offices in the general election for state
  11-12  and county officers.
  11-13        (b)  Certificates of election shall be issued to the
  11-14  confirmed officers in the same manner as provided for candidates
  11-15  elected to partisan offices.
  11-16        Sec. 291.004.  Campaign Contributions and Expenditures.  A
  11-17  candidate for confirmation of a judicial office is subject to Title
  11-18  15 and shall comply with that title in the same manner as a
  11-19  candidate for a statewide or district partisan office, as
  11-20  applicable.
  11-21        Sec. 291.005.  Applicability of Other Parts of Code.  The
  11-22  other titles of this code apply to a nonpartisan judicial
  11-23  confirmation election except provisions that are inconsistent with
  11-24  this title or that cannot feasibly be applied in a nonpartisan
  11-25  judicial confirmation election.
  11-26        Sec. 291.006.  Additional Procedures.  The secretary of state
  11-27  shall prescribe any additional procedures necessary for the orderly
   12-1  and proper administration of nonpartisan judicial confirmation
   12-2  elections.
   12-3        SECTION 3.  Section 1.005(9), Election Code, is amended to
   12-4  read as follows:
   12-5              (9)  "Independent candidate" means a candidate in a
   12-6  nonpartisan election, other than a nonpartisan judicial
   12-7  confirmation election, or a candidate in a partisan election who is
   12-8  not the nominee of a political party.
   12-9        SECTION 4.  Section 41.002, Election Code, is amended to read
  12-10  as follows:
  12-11        Sec. 41.002.  GENERAL ELECTION FOR STATE AND COUNTY OFFICERS.
  12-12  The general election for state and county officers, including the
  12-13  nonpartisan judicial confirmation election, shall be held on the
  12-14  first Tuesday after the first Monday in November in even-numbered
  12-15  years.
  12-16        SECTION 5.  Section 52.092, Election Code, is amended to read
  12-17  as follows:
  12-18        Sec. 52.092.  OFFICES REGULARLY FILLED AT GENERAL ELECTION
  12-19  FOR STATE AND COUNTY OFFICERS.  (a)  For an election at which
  12-20  offices regularly filled at the general election for state and
  12-21  county officers, including the nonpartisan judicial confirmation
  12-22  election, are to appear on the ballot, the offices shall be listed
  12-23  in the following order:
  12-24              (1)  offices of the federal government;
  12-25              (2)  offices of the state government:
  12-26                    (A)  statewide offices;
  12-27                    (B)  district offices;
   13-1              (3)  offices of the county government:
   13-2                    (A)  county offices;
   13-3                    (B)  precinct offices.
   13-4        (b)  Offices of the federal government shall be listed in the
   13-5  following order:
   13-6              (1)  president and vice-president of the United States;
   13-7              (2)  United States senator;
   13-8              (3)  United States representative.
   13-9        (c)  Statewide offices of the state government shall be
  13-10  listed in the following order:
  13-11              (1)  governor;
  13-12              (2)  lieutenant governor;
  13-13              (3)  attorney general;
  13-14              (4)  comptroller of public accounts;
  13-15              (5)  state treasurer;
  13-16              (6)  commissioner of the General Land Office;
  13-17              (7)  commissioner of agriculture;
  13-18              (8)  railroad commissioner<;>
  13-19              <(9)  chief justice, supreme court;>
  13-20              <(10)  justice, supreme court;>
  13-21              <(11)  presiding judge, court of criminal appeals;>
  13-22              <(12)  judge, court of criminal appeals>.
  13-23        (d)  District offices of the state government shall be listed
  13-24  in the following order:
  13-25              (1)  member, State Board of Education;
  13-26              (2)  state senator;
  13-27              (3)  state representative;
   14-1              (4)  <chief justice, court of appeals;>
   14-2              <(5)  justice, court of appeals;>
   14-3              <(6)>  district judge for a district to which Article
   14-4  V, Section 28(c), of the Texas Constitution does not apply;
   14-5              (5) <(7)>  criminal district judge for a district to
   14-6  which Article V, Section 28(c), of the Texas Constitution does not
   14-7  apply;
   14-8              (6) <(8)>  family district judge for a district to
   14-9  which Article V, Section 28(c), of the Texas Constitution does not
  14-10  apply;
  14-11              (7) <(9)>  district attorney;
  14-12              (8) <(10)>  criminal district attorney.
  14-13        (e)  County offices shall be listed in the following order:
  14-14              (1)  county judge;
  14-15              (2)  judge, county court at law;
  14-16              (3)  judge, county criminal court;
  14-17              (4)  judge, county probate court;
  14-18              (5)  county attorney;
  14-19              (6)  district clerk;
  14-20              (7)  district and county clerk;
  14-21              (8)  county clerk;
  14-22              (9)  sheriff;
  14-23              (10)  sheriff and tax assessor-collector;
  14-24              (11)  county tax assessor-collector;
  14-25              (12)  county treasurer;
  14-26              (13)  county school trustee (county with population of
  14-27  two million or more);
   15-1              (14)  county surveyor;
   15-2              (15)  inspector of hides and animals.
   15-3        (f)  Precinct offices shall be listed in the following order:
   15-4              (1)  county commissioner;
   15-5              (2)  justice of the peace;
   15-6              (3)  constable;
   15-7              (4)  public weigher.
   15-8        (g)  The nonpartisan judicial offices shall be listed in the
   15-9  following order:
  15-10              (1)  chief justice, supreme court;
  15-11              (2)  justice, supreme court;
  15-12              (3)  presiding judge, court of criminal appeals;
  15-13              (4)  judge, court of criminal appeals;
  15-14              (5)  chief justice, court of appeals;
  15-15              (6)  justice, court of appeals;
  15-16              (7)  district judge for a district to which Article V,
  15-17  Section 28(c), of the Texas Constitution applies;
  15-18              (8)  criminal district judge for a district to which
  15-19  Article V, Section 28(c), of the Texas Constitution applies;
  15-20              (9)  family district judge for a district to which
  15-21  Article V, Section 28(c), of the Texas Constitution applies.
  15-22        (h)  If two or more offices having the same title except for
  15-23  a place number or other distinguishing number are to appear on the
  15-24  ballot, the number shall appear as part of the office title and the
  15-25  offices shall be listed in numerical order.
  15-26        (i) <(h)>  The secretary of state shall assign a place number
  15-27  to each position for which a confirmation <to be filled at the
   16-1  general> election is being held <for state and county officers> for
   16-2  each full or unexpired term in the following offices:
   16-3              (1)  justice, supreme court;
   16-4              (2)  judge, court of criminal appeals; and
   16-5              (3)  justice, court of appeals in a court having a
   16-6  membership in excess of three, if distinguishing the positions to
   16-7  be filled is necessary.
   16-8        (j) <(i)>  The secretary of state shall designate the
   16-9  position of new offices on the ballot.
  16-10        (k) <(j)>  The office of judge of a multicounty statutory
  16-11  county court created under Subchapter D, Chapter 25, Government
  16-12  Code, is considered to be a county office for purposes of listing
  16-13  the office on the ballot and to be a district office for all other
  16-14  purposes under this code.
  16-15        SECTION 6.  Section 145.003(b), Election Code, is amended to
  16-16  read as follows:
  16-17        (b)  A candidate in the general election for state and county
  16-18  officers, including the nonpartisan judicial confirmation election,
  16-19  may be declared ineligible before the 30th day preceding election
  16-20  day by:
  16-21              (1)  the party officer responsible for certifying the
  16-22  candidate's name for placement on the general election ballot, in
  16-23  the case of a candidate who is a political party's nominee; or
  16-24              (2)  the authority with whom the candidate's
  16-25  application for a place on the ballot or declaration of candidacy
  16-26  is required to be filed, in the case of an independent candidate or
  16-27  a candidate in a nonpartisan judicial confirmation election, as
   17-1  applicable.
   17-2        SECTION 7.  Section 172.024(a), Election Code, is amended to
   17-3  read as follows:
   17-4        (a)  The filing fee for a candidate for nomination in the
   17-5  general primary election is as follows:
   17-6             (1)  United States senator ...................... $4,000
   17-7             (2)  office elected statewide, except United States
   17-8                    senator ................................... 3,000
   17-9             (3)  United States representative ................ 2,500
  17-10             (4)  state senator ............................... 1,000
  17-11             (5)  state representative .......................... 600
  17-12             (6)  member, State Board of Education .............. 250
  17-13             (7)  <chief  justice or  justice, court   of appeals,
  17-14                    other than   a  justice    specified   by 
  17-15                    Subdivision (8) ........................... 1,500>
  17-16             <(8)  chief justice or justice of a court of appeals
  17-17                    that serves a court of appeals district in which
  17-18                    a county with a population of more than 850,000
  17-19                    is wholly or partly situated .............. 2,000>
  17-20             <(9)>  district judge or judge specified by Section
  17-21                    52.092(d) for which this schedule does not
  17-22                    otherwise prescribe a fee ................. 1,200
  17-23             <(10)  district  or  criminal  district  judge  of  a
  17-24                    court  in a judicial district  wholly  contained
  17-25                    in a county    with a    population of   more
  17-26                    than 850,000 ............................. 2,000>
  17-27             (8) <(11)>  judge,   statutory   county   court,  other
   18-1                    than a judge  specified by Subdivision
   18-2                    (9) <(12)> ................................ 1,200
   18-3             (9) <(12)>  judge of a statutory county court in a
   18-4                    county    with a    population of    more  than
   18-5                    850,000 ................................... 2,000
   18-6             (10) <(13)>  district attorney, criminal district
   18-7                    attorney, or county attorney performing the
   18-8                    duties of a district attorney ............. 1,000
   18-9             (11) <(14)>  county commissioner or judge,
  18-10                    constitutional county court:
  18-11                  (A)  county with a population of 200,000 or
  18-12                  more ........................................ 1,000
  18-13                  (B)  county   with a  population of  under
  18-14                  200,000 ....................................... 600
  18-15             (12) <(15)>  justice of the peace or constable:
  18-16                  (A)  county with a population of 200,000 or
  18-17                  more .......................................... 800
  18-18                  (B)  county   with a population   of  under
  18-19                  200,000 ....................................... 300
  18-20             (13) <(16)>  county surveyor, inspector of hides and
  18-21                     animals, or public weigher .................. 50
  18-22             (14) <(17)>  office of the county government for which
  18-23                     this schedule does not otherwise prescribe a
  18-24                     fee ........................................ 600
  18-25        SECTION 8.  TEMPORARY PROVISIONS.  (a)  This Act takes effect
  18-26  only if the constitutional amendment proposed by the 74th
  18-27  Legislature, Regular Session, 1995, relating to the appointment of
   19-1  appellate justices and judges and certain district judges by the
   19-2  governor and to confirmation elections on a nonpartisan ballot of
   19-3  those justices and judges is adopted.  If the amendment is adopted,
   19-4  this Act takes effect January 1, 1997.
   19-5        (b)  The initial members of the commissions created by this
   19-6  Act shall be appointed for terms beginning January 1, 1997.  In
   19-7  making the initial appointments, the governor, lieutenant governor,
   19-8  speaker of the house of representatives, president of the state
   19-9  bar, and chairs of the political parties shall act together as a
  19-10  selection committee to ensure compliance with Subchapter E, Chapter
  19-11  22, Government Code, as added by this Act.
  19-12              (1)  The following persons serve initial one-year
  19-13  terms:
  19-14                    (A)  one person licensed to practice law
  19-15  appointed by the governor;
  19-16                    (B)  one person not licensed to practice law
  19-17  appointed by the governor;
  19-18                    (C)  one person licensed to practice law
  19-19  appointed by the lieutenant governor;
  19-20                    (D)  one person not licensed to practice law
  19-21  appointed by the speaker of the house; and
  19-22                    (E)  one person appointed by the president of the
  19-23  state bar.
  19-24              (2)  The following persons serve initial two-year
  19-25  terms:
  19-26                    (A)  two persons not licensed to practice law
  19-27  appointed by the governor;
   20-1                    (B)  one person not licensed to practice law
   20-2  appointed by the lieutenant governor;
   20-3                    (C)  one person licensed to practice law
   20-4  appointed by the speaker of the house; and
   20-5                    (D)  one person appointed by the president of the
   20-6  state bar.
   20-7              (3)  The following persons serve initial three-year
   20-8  terms:
   20-9                    (A)  one person not licensed to practice law
  20-10  appointed by the lieutenant governor;
  20-11                    (B)  one person not licensed to practice law
  20-12  appointed by the speaker of the house;
  20-13                    (C)  one person appointed by the president of the
  20-14  state bar; and
  20-15                    (D)  two persons appointed one each by the chairs
  20-16  of the political parties entitled to make appointments under
  20-17  Subchapter E, Chapter 22, Government Code, as added by this Act.
  20-18        SECTION 9.  The importance of this legislation and the
  20-19  crowded condition of the calendars in both houses create an
  20-20  emergency and an imperative public necessity that the
  20-21  constitutional rule requiring bills to be read on three several
  20-22  days in each house be suspended, and this rule is hereby suspended.