By: Ellis, et al. S.B. No. 313
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the appointment of appellate justices and judges, to
1-2 the nonpartisan election of district judges, to the retention or
1-3 rejection of district and appellate judges, and to the creation of
1-4 certain judicial districts.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Chapter 22, Government Code, is amended by adding
1-7 Subchapter E to read as follows:
1-8 SUBCHAPTER E. APPOINTMENT AND RETENTION OF CERTAIN
1-9 JUDICIAL OFFICERS
1-10 Sec. 22.401. SUBJECT TO RETENTION ELECTION. (a) A justice
1-11 or judge is subject to retention or rejection in accordance with
1-12 Chapter 292, Election Code, at the last general election for state
1-13 and county officers to be held before the date the justice's or
1-14 judge's term expires.
1-15 (b) If a justice or judge does not seek retention, or
1-16 withdraws from the retention election, as provided by Chapter 292,
1-17 Election Code, the vacancy existing at the beginning of the
1-18 succeeding term shall be filled in the regular manner.
1-19 (c) If a vacancy occurs in the office of a justice or judge
1-20 seeking retention and the justice's or judge's name is omitted from
1-21 the retention election ballot under Chapter 292, Election Code, the
1-22 vacancy shall be filled in the regular manner.
1-23 Sec. 22.402. EFFECT OF RETENTION VOTE. (a) If a majority
1-24 of the votes received on the question are for the retention of the
2-1 justice or judge, the person is entitled to remain in office for a
2-2 regular term of six years beginning on the first day of the
2-3 following January, unless the person becomes ineligible or is
2-4 removed as provided by law.
2-5 (b) If less than a majority of the votes received on the
2-6 question are for retention, a vacancy in the office exists on the
2-7 first day of the following January and the vacancy shall be filled
2-8 in the regular manner.
2-9 (c) If the name of a justice or judge seeking retention
2-10 appears on the retention election ballot under Chapter 292,
2-11 Election Code, although a vacancy has occurred in the office, the
2-12 retention election for that office has no effect and the vacancy
2-13 shall be filled in the regular manner.
2-14 SECTION 2. Subchapter A, Chapter 24, Government Code, is
2-15 amended by adding Sections 24.0015, 24.0016, and 24.0017 to read as
2-16 follows:
2-17 Sec. 24.0015. ELECTION FROM COMMISSIONERS COURT PRECINCT IN
2-18 POPULOUS COUNTIES. (a) The judges of the judicial districts
2-19 composed entirely of a county with a population of one million or
2-20 more shall be elected from commissioners court precincts.
2-21 (b) The secretary of state shall supervise the drawing of
2-22 lots to determine the number of the commissioners court precinct
2-23 from which each of the district judges is elected. An equal number
2-24 of district judges shall be elected from each commissioners court
2-25 precinct in a county.
2-26 Sec. 24.0016. ELECTION AND RETENTION CYCLE. (a) Except in
2-27 the case of a vacancy filled by appointment and in the case of an
3-1 incumbent judge seeking to be retained in office, the office of
3-2 district judge is filled by election at the nonpartisan judicial
3-3 election in accordance with Chapter 291, Election Code.
3-4 (b) At the end of a term of office to which a district judge
3-5 is elected, and at the end of the immediately following continuous
3-6 term in that office, the judge is subject to retention or rejection
3-7 by the voters of the judicial district in accordance with Chapter
3-8 292, Election Code.
3-9 (c) At the end of a second continuous term in which a judge
3-10 has been retained in office, the office is filled by election.
3-11 (d) For a judge seeking retention, including a judge elected
3-12 from a commissioners court precinct, the qualified voters of the
3-13 entire judicial district are entitled to vote on the issue of
3-14 retention or rejection.
3-15 (e) If a judge subject to retention or rejection does not
3-16 seek retention as provided by Chapter 292, Election Code, or the
3-17 name of a judge seeking retention is omitted from the retention
3-18 election ballot under that chapter, the succeeding term shall be
3-19 filled at the subsequent nonpartisan judicial election in
3-20 accordance with Chapter 291, Election Code.
3-21 Sec. 24.0017. EFFECT OF RETENTION VOTE. (a) If a majority
3-22 of the votes received on the question are for the retention of the
3-23 judge, the person is entitled to remain in office for a regular
3-24 term of four years beginning on the first day of the following
3-25 January, unless the person becomes ineligible or is removed as
3-26 provided by law.
3-27 (b) If less than a majority of the votes received on the
4-1 question are for retention, a vacancy in the office exists on the
4-2 first day of the following January and the vacancy shall be filled
4-3 in the regular manner.
4-4 (c) If the name of a deceased or ineligible judge who sought
4-5 retention appears on the retention election ballot under Chapter
4-6 292, Election Code, the retention election for that office has no
4-7 effect and the vacancy existing at the beginning of the succeeding
4-8 term shall be filled in the regular manner.
4-9 SECTION 3. Subchapter A, Chapter 24, Government Code, is
4-10 amended by adding Section 24.005 to read as follows:
4-11 Sec. 24.005. OBJECTION TO JUDGE. (a) This section applies
4-12 only to a case before a district judge elected as provided by
4-13 Section 24.0015.
4-14 (b) If a party to a civil or criminal case files a timely
4-15 objection to the judge, the judge may not hear the case. Each
4-16 party to the case is entitled to only one objection under this
4-17 section for the case.
4-18 (c) An objection under this section must be filed before the
4-19 first hearing in or trial of the case, including a pretrial
4-20 hearing, over which the judge is to preside.
4-21 SECTION 4. Subchapter C, Chapter 24, Government Code, is
4-22 amended by adding Sections 24.523 through 24.529 and Section 24.531
4-23 to read as follows:
4-24 Sec. 24.523. 378TH JUDICIAL DISTRICT (BEXAR COUNTY). The
4-25 378th Judicial District is composed of Bexar County.
4-26 Sec. 24.524. 379TH JUDICIAL DISTRICT (DALLAS COUNTY). The
4-27 379th Judicial District is composed of Dallas County.
5-1 Sec. 24.525. 380TH JUDICIAL DISTRICT (DALLAS COUNTY). The
5-2 380th Judicial District is composed of Dallas County.
5-3 Sec. 24.526. 381ST JUDICIAL DISTRICT (DALLAS COUNTY). The
5-4 381st Judicial District is composed of Dallas County.
5-5 Sec. 24.527. 382ND JUDICIAL DISTRICT (HARRIS COUNTY). The
5-6 382nd Judicial District is composed of Harris County.
5-7 Sec. 24.528. 383RD JUDICIAL DISTRICT (TARRANT COUNTY). The
5-8 383rd Judicial District is composed of Tarrant County.
5-9 Sec. 24.529. 384TH JUDICIAL DISTRICT (TARRANT COUNTY). The
5-10 384th Judicial District is composed of Tarrant County.
5-11 Sec. 24.531. 386TH JUDICIAL DISTRICT (TARRANT COUNTY). The
5-12 386th Judicial District is composed of Tarrant County.
5-13 SECTION 5. Section 41.002, Election Code, is amended to read
5-14 as follows:
5-15 Sec. 41.002. General Election for State and County Officers.
5-16 (a) The general election for state and county officers, including
5-17 the general nonpartisan judicial election, shall be held on the
5-18 first Tuesday after the first Monday in November in even-numbered
5-19 years.
5-20 (b) Any runoff nonpartisan judicial election shall be held
5-21 on the first Tuesday after the first Monday in December following
5-22 the general election.
5-23 SECTION 6. The Election Code is amended by adding Title 17
5-24 to read as follows:
5-25 TITLE 17. NONPARTISAN JUDICIAL ELECTIONS
5-26 CHAPTER 291. NONPARTISAN JUDICIAL ELECTION
5-27 SUBCHAPTER A. NONPARTISAN ELECTION OF JUDGES GENERALLY
6-1 Sec. 291.001. APPLICABILITY OF CHAPTER. This chapter
6-2 applies only to a judicial office required to be elected at the
6-3 nonpartisan judicial election.
6-4 Sec. 291.002. PARTY NOMINATION PROHIBITED. Nomination for a
6-5 nonpartisan judicial office by a political party is prohibited.
6-6 Sec. 291.003. Applicability of Other Parts of Code. The
6-7 other titles of this code apply to a nonpartisan judicial election
6-8 except provisions that are inconsistent with this title or that
6-9 cannot feasibly be applied in a nonpartisan judicial election.
6-10 Sec. 291.004. Additional Procedures. The secretary of state
6-11 shall prescribe any additional procedures necessary for the orderly
6-12 and proper administration of elections held under this chapter.
6-13 Sec. 291.005. VOTE REQUIRED FOR ELECTION. (a) This section
6-14 applies to the nonpartisan election of judicial officers
6-15 notwithstanding any other provision of this Act.
6-16 (b) If a candidate receives 30 percent of the total number
6-17 of votes received by all the candidates for the office in the
6-18 general nonpartisan judicial election, the candidate shall be
6-19 declared elected. If no candidate receives 30 percent of the
6-20 votes, the names of the two candidates who receive the highest and
6-21 second highest number of votes or who tie for the highest number of
6-22 votes shall be placed on the runoff nonpartisan judicial election
6-23 ballot, and the candidate receiving the most votes shall be
6-24 declared elected.
6-25 (Sections 291.006 to 291.020 reserved for expansion
6-26 SUBCHAPTER B. APPLICATION FOR PLACE ON BALLOT
6-27 Sec. 291.021. Application Required. (a) To be entitled to
7-1 a place on the nonpartisan judicial election ballot, a candidate
7-2 must make an application for a place on the ballot.
7-3 (b) An application must, in addition to complying with
7-4 Section 141.031, be accompanied by the appropriate filing fee or,
7-5 instead of the filing fee, a petition that satisfies the
7-6 requirements prescribed by Section 141.062.
7-7 (c) An application filed by mail is considered to be filed
7-8 at the time of its receipt by the appropriate authority.
7-9 (d) A candidate for an office specified by Section
7-10 291.024(a)(2) who chooses to pay the filing fee must also accompany
7-11 the application with a petition that complies with the requirements
7-12 prescribed for the petition authorized by Subsection (b), except
7-13 that the minimum number of signatures that must appear on the
7-14 petition required by this subsection is 250. If the candidate
7-15 chooses to file the petition authorized by Subsection (b) instead
7-16 of the filing fee, the minimum number of signatures required for
7-17 that petition is increased by 250.
7-18 (e) Signatures on a petition filed under this section may
7-19 not be obtained from employees in the workplaces of a building
7-20 owned or controlled by municipal, county, or state government.
7-21 Sec. 291.022. Authority With Whom Application Filed. An
7-22 application for a place on the nonpartisan judicial election ballot
7-23 must be filed with the secretary of state.
7-24 Sec. 291.023. Regular Filing Deadline. (a) An application
7-25 for a place on the nonpartisan judicial election ballot must be
7-26 filed not later than 5 p.m. of the 70th day before election day,
7-27 except as provided by Sections 291.053 and 202.008.
8-1 (b) An application may not be filed earlier than the 30th
8-2 day before the date of the regular filing deadline.
8-3 Sec. 291.024. Filing Fee. (a) The filing fee for a
8-4 nonpartisan judicial candidate is as follows:
8-5 (1) district judge, criminal district judge, or
8-6 family district judge, other than a judge specified by
8-7 Subdivision (2) ........................................... $1,200
8-8 (2) district or criminal district judge of a court in
8-9 a judicial district wholly contained in a county with a population
8-10 of more than one million .................................. $2,000
8-11 (b) A filing fee received by the secretary of state shall be
8-12 deposited in the state treasury to the credit of the general
8-13 revenue fund.
8-14 Sec. 291.025. Number of Petition Signatures Required. The
8-15 minimum number of signatures that must appear on the petition
8-16 authorized by Section 291.021 is the lesser of:
8-17 (1) 500; or
8-18 (2) two percent of the total vote received in the
8-19 district by all the candidates for governor in the most recent
8-20 gubernatorial general election.
8-21 Sec. 291.026. Statement on Petition. The following
8-22 statement must appear at the top of each page of a petition to be
8-23 filed under Section 291.021: "I know that the purpose of this
8-24 petition is to entitle (insert candidate's name) to have his name
8-25 placed on the ballot for the office of (insert office title,
8-26 including any place number or other distinguishing number) for the
8-27 nonpartisan judicial election."
9-1 Sec. 291.027. Certification of Names for Placement on
9-2 Nonpartisan Judicial Election Ballot. (a) Except as provided by
9-3 Subsection (c), the secretary of state shall certify in writing for
9-4 placement on the nonpartisan judicial election ballot the name of
9-5 each candidate who files with the secretary an application that
9-6 complies with Section 291.021(b).
9-7 (b) Not later than the 55th day before election day, the
9-8 secretary of state shall deliver the certification to the authority
9-9 responsible for having the official ballot prepared in each county
9-10 in which the candidate's name is to appear on the ballot.
9-11 (c) A candidate's name may not be certified:
9-12 (1) if, before delivering the certification, the
9-13 secretary of state learns that the name is to be omitted from the
9-14 ballot under Section 291.054; or
9-15 (2) for an office for which the candidate's
9-16 application is invalid under Section 141.033.
9-17 (Sections 291.028 to 291.050 reserved for expansion
9-18 SUBCHAPTER C. WITHDRAWAL, DEATH, AND INELIGIBILITY
9-19 OF CANDIDATE
9-20 Sec. 291.051. Withdrawal, Death, or Ineligibility Generally.
9-21 With respect to withdrawal, death, or ineligibility of a candidate
9-22 in a nonpartisan judicial election, this subchapter supersedes
9-23 Subchapter A, Chapter 145, to the extent of any conflict.
9-24 Sec. 291.052. Withdrawal From Nonpartisan Judicial Election.
9-25 (a) A candidate may not withdraw from the nonpartisan judicial
9-26 election after the 65th day before election day.
9-27 (b) A withdrawal request must be filed with the authority
10-1 with whom the withdrawing candidate's application for a place on
10-2 the ballot is required to be filed.
10-3 Sec. 291.053. Extended Filing Deadline. (a) The deadline
10-4 for filing an application for a place on the nonpartisan judicial
10-5 election ballot is extended as provided by this section if a
10-6 candidate who has made an application that complies with the
10-7 applicable requirements:
10-8 (1) dies on or after the fifth day before the date of
10-9 the regular filing deadline and on or before the 65th day before
10-10 election day;
10-11 (2) holds the office for which the application was
10-12 made and withdraws or is declared ineligible on or after the date
10-13 of the regular filing deadline and on or before the 65th day before
10-14 election day; or
10-15 (3) withdraws or is declared ineligible during the
10-16 period prescribed by Subdivision (2), and at the time of the
10-17 withdrawal or declaration of ineligibility no other candidate has
10-18 made an application that complies with the applicable requirements
10-19 for the office sought by the withdrawn or ineligible candidate.
10-20 (b) The filing deadline is also extended if a candidate for
10-21 retention who has made a declaration of candidacy that complies
10-22 with Section 292.001 dies, withdraws, or is declared ineligible on
10-23 or after the fifth day before the date of the regular filing
10-24 deadline for applications and on or before the 65th day before
10-25 election day.
10-26 (c) An application for an office sought by a withdrawn,
10-27 deceased, or ineligible candidate must be filed not later than
11-1 5 p.m. of the 60th day before election day.
11-2 (d) If the deadline for filing applications is extended,
11-3 notice of the extended filing shall be given in the same manner as
11-4 provided for a primary election.
11-5 Sec. 291.054. Withdrawn, Deceased, or Ineligible Candidate's
11-6 Name Omitted From Ballot. A candidate's name shall be omitted from
11-7 the nonpartisan judicial election ballot if the candidate
11-8 withdraws, dies, or is declared ineligible on or before the 65th
11-9 day before election day.
11-10 Sec. 291.055. Deceased or Ineligible Candidate's Name to
11-11 Appear on Ballot. If a candidate who has made an application for a
11-12 place on the nonpartisan judicial election ballot that complies
11-13 with the applicable requirements dies or is declared ineligible
11-14 after the 65th day before election day, the candidate's name shall
11-15 be placed on the ballot.
11-16 (Sections 291.056 to 291.070 reserved for expansion
11-17 SUBCHAPTER D. CONDUCT OF ELECTION
11-18 Sec. 291.071. Nonpartisan Judicial Election Ballot. The
11-19 nonpartisan judicial offices and candidates shall be listed as a
11-20 separate ballot on the general election ballot following the
11-21 partisan offices under the heading "Election For Nonpartisan
11-22 Judicial Offices."
11-23 Sec. 291.072. General Procedure for Conduct of Nonpartisan
11-24 Judicial Election. Except as otherwise provided by this code, the
11-25 nonpartisan judicial election shall be conducted and the results
11-26 canvassed, tabulated, and reported in the manner applicable to
11-27 partisan offices in the general election for state and county
12-1 officers.
12-2 CHAPTER 292. RETENTION ELECTION
12-3 Sec. 292.001. Declaration of Candidacy. (a) Not later than
12-4 5 p.m. on June 1 preceding the nonpartisan judicial election at
12-5 which the justice or judge is subject to retention or rejection, a
12-6 justice or judge who seeks to continue to serve in that office must
12-7 file with the secretary of state a declaration of candidacy to
12-8 succeed to the next term.
12-9 (b) A declaration may not be filed earlier than the 30th day
12-10 before the date of the filing deadline. A declaration filed by
12-11 mail is considered to be filed at the time of its receipt by the
12-12 appropriate authority.
12-13 (c) The filling of the office for which a declaration of
12-14 candidacy is not filed is covered by Chapter 22 or 24, Government
12-15 Code, as applicable.
12-16 Sec. 292.002. Withdrawal, Death, or Ineligibility.
12-17 (a) With respect to withdrawal, death, or ineligibility of a
12-18 candidate in a retention election, this section supersedes
12-19 Subchapter A, Chapter 145, to the extent of any conflict.
12-20 (b) A candidate may not withdraw from the retention election
12-21 after the 65th day before election day.
12-22 (c) A withdrawal request must be filed with the authority
12-23 with whom the withdrawing candidate's declaration of candidacy is
12-24 required to be filed.
12-25 (d) A candidate's name shall be omitted from the retention
12-26 election ballot if the candidate withdraws, dies, or is declared
12-27 ineligible on or before the 65th day before election day.
13-1 (e) If a candidate who has made a declaration of candidacy
13-2 that complies with the applicable requirements dies or is declared
13-3 ineligible after the 65th day before election day, the candidate's
13-4 name shall be placed on the retention election ballot.
13-5 (f) The filling of the office following implementation of
13-6 Subsection (d) or (e) is covered by Chapter 22 or 24, Government
13-7 Code, as applicable.
13-8 Sec. 292.003. Certification of Names for Placement on
13-9 Retention Election Ballot. (a) Except as provided by Subsection
13-10 (c), the secretary of state shall certify in writing for placement
13-11 on the retention election ballot the name of each candidate who
13-12 files with the secretary a declaration of candidacy that complies
13-13 with Section 292.001.
13-14 (b) Not later than the 55th day before election day, the
13-15 secretary of state shall deliver the certification to the authority
13-16 responsible for having the official ballot prepared in each county
13-17 in which the candidate's name is to appear on the ballot.
13-18 (c) A candidate's name may not be certified if, before
13-19 delivering the certification, the secretary of state learns that
13-20 the name is to be omitted from the ballot under Section 292.002.
13-21 Sec. 292.004. Retention Election Ballot. The name of the
13-22 person subject to retention or rejection shall be submitted to the
13-23 voters on the nonpartisan judicial election ballot following the
13-24 offices subject to election under the heading "Retention of
13-25 Nonpartisan Judicial Offices," in substantially the following form:
13-26 "Shall (Justice or Judge)__________________________
13-27 ___________________________________________________
14-1 be retained in office as (justice or judge) of the
14-2 (name of court)__________________________________?"
14-3 ____"Yes"
14-4 ____"No"
14-5 Sec. 292.005. General Procedure for Conduct of Retention
14-6 Election. (a) Except as otherwise provided by this code, the
14-7 retention election shall be conducted and the results canvassed,
14-8 tabulated, and reported in the manner applicable to partisan
14-9 offices in the general election for state and county officers.
14-10 (b) A certificate of election shall be issued to a retained
14-11 officer in the same manner as provided for a candidate elected to
14-12 the office.
14-13 Sec. 292.006. WRITE-IN VOTING PROHIBITED. Write-in voting
14-14 is not permitted in a retention election.
14-15 Sec. 292.007. Political Contributions and Expenditures. A
14-16 candidate for retention of a judicial office is subject to Title 15
14-17 and shall comply with that title in the same manner as a candidate
14-18 for election to the office.
14-19 Sec. 292.008. Applicability of Other Parts of Code. The
14-20 other titles of this code apply to a retention election under this
14-21 chapter except provisions that are inconsistent with this title or
14-22 that cannot feasibly be applied in a retention election.
14-23 Sec. 292.009. Additional Procedures. The secretary of state
14-24 shall prescribe any additional procedures necessary for the orderly
14-25 and proper administration of elections held under this chapter.
14-26 CHAPTER 293. VOTER INFORMATION PAMPHLET
14-27 Sec. 293.001. APPLICABILITY OF CHAPTER. This chapter
15-1 applies to each candidate whose name is to appear on the ballot or
15-2 a list of declared write-in candidates in the nonpartisan judicial
15-3 election.
15-4 Sec. 293.002. STATEMENT FILED BY CANDIDATE. Not later than
15-5 the 70th day before the date of the nonpartisan judicial election,
15-6 a candidate may file with the secretary of state an informational
15-7 statement, on a form prescribed by the secretary, to be included in
15-8 the voter information pamphlet for that election.
15-9 Sec. 293.003. STATEMENT REQUIREMENTS. (a) A candidate's
15-10 statement must include a summary of the following information:
15-11 (1) current occupation;
15-12 (2) educational and occupational background;
15-13 (3) biographical information; and
15-14 (4) any previous experience serving in government.
15-15 (b) The secretary of state shall prescribe the format and
15-16 length of the candidate's statement.
15-17 Sec. 293.004. REVIEW BY SECRETARY OF STATE. (a) Not later
15-18 than the fifth day after the date the candidate's statement is
15-19 received, the secretary of state shall review the statement to
15-20 determine whether it complies with this chapter.
15-21 (b) If the secretary of state determines that the statement
15-22 does not comply with the applicable requirements, the secretary
15-23 shall reject the statement and deliver written notice of the reason
15-24 for the rejection to the candidate not later than the second day
15-25 after the date of rejection.
15-26 (c) A candidate whose statement is rejected may resubmit the
15-27 statement subject to the prescribed deadline.
16-1 Sec. 293.005. PREPARATION OF PAMPHLET. (a) The secretary
16-2 of state shall contract for the preparation and printing of the
16-3 voter information pamphlet after soliciting bids for that work.
16-4 The secretary may prepare or print the pamphlet if the secretary
16-5 determines that the costs of that preparation or printing are less
16-6 than or equal to the most reasonable bid submitted.
16-7 (b) The pamphlet must include the candidates' statements
16-8 that comply with this chapter, with candidates for election,
16-9 write-in candidates for election, and candidates for retention as
16-10 separate groups. The order of the candidates' names within the
16-11 groups is determined by a drawing conducted by the secretary of
16-12 state.
16-13 (c) To the extent practicable, the pamphlets shall be
16-14 prepared so that they contain only candidates for offices on which
16-15 the voters receiving them will be eligible to vote.
16-16 (d) The secretary of state shall prescribe appropriate
16-17 explanatory material to be included in the pamphlet to assist the
16-18 voters, including a statement that the pamphlet may be used at the
16-19 polls to assist the voters in marking their ballots.
16-20 Sec. 293.006. DISTRIBUTION OF PAMPHLET. Not later than the
16-21 45th day before the date of each nonpartisan judicial election, the
16-22 secretary of state shall mail the appropriate voter information
16-23 pamphlet to each household in this state in which a registered
16-24 voter resides.
16-25 Sec. 293.007. ADDITIONAL PROCEDURES PRESCRIBED BY SECRETARY
16-26 OF STATE. The secretary of state shall prescribe any additional
16-27 procedures necessary to implement this chapter.
17-1 SECTION 7. Section 1.005, Election Code, is amended by
17-2 amending Subdivision (9) and by adding Subdivisions (25) and (26)
17-3 to read as follows:
17-4 (9) "Independent candidate" means a candidate in a
17-5 nonpartisan election or a candidate in a partisan election who is
17-6 not the nominee of a political party. The term does not include a
17-7 nonpartisan judicial candidate.
17-8 (25) "Nonpartisan judicial election" means an election
17-9 held under Title 17.
17-10 (26) "Nonpartisan judicial candidate" means a
17-11 candidate in a nonpartisan judicial election.
17-12 SECTION 8. Section 52.092, Election Code, is amended to read
17-13 as follows:
17-14 Sec. 52.092. Offices Regularly Filled at General Election
17-15 for State and County Officers. (a) For an election at which
17-16 offices regularly filled at the general election for state and
17-17 county officers, including the nonpartisan judicial election, are
17-18 to appear on the ballot, the offices shall be listed in the
17-19 following order:
17-20 (1) offices of the federal government;
17-21 (2) offices of the state government:
17-22 (A) statewide offices;
17-23 (B) district offices;
17-24 (3) offices of the county government:
17-25 (A) county offices;
17-26 (B) precinct offices.
17-27 (b) Offices of the federal government shall be listed in the
18-1 following order:
18-2 (1) president and vice-president of the United States;
18-3 (2) United States senator;
18-4 (3) United States representative.
18-5 (c) Statewide offices of the state government shall be
18-6 listed in the following order:
18-7 (1) governor;
18-8 (2) lieutenant governor;
18-9 (3) attorney general;
18-10 (4) comptroller of public accounts;
18-11 (5) state treasurer;
18-12 (6) commissioner of the General Land Office;
18-13 (7) commissioner of agriculture;
18-14 (8) railroad commissioner<;>
18-15 <(9) chief justice, supreme court;>
18-16 <(10) justice, supreme court;>
18-17 <(11) presiding judge, court of criminal appeals;>
18-18 <(12) judge, court of criminal appeals>.
18-19 (d) District offices of the state government shall be listed
18-20 in the following order:
18-21 (1) member, State Board of Education;
18-22 (2) state senator;
18-23 (3) state representative;
18-24 (4) <chief justice, court of appeals;>
18-25 <(5) justice, court of appeals;>
18-26 <(6) district judge;>
18-27 <(7) criminal district judge;>
19-1 <(8) family district judge;>
19-2 <(9)> district attorney;
19-3 (5) <(10)> criminal district attorney.
19-4 (e) County offices shall be listed in the following order:
19-5 (1) county judge;
19-6 (2) judge, county court at law;
19-7 (3) judge, county criminal court;
19-8 (4) judge, county probate court;
19-9 (5) county attorney;
19-10 (6) district clerk;
19-11 (7) district and county clerk;
19-12 (8) county clerk;
19-13 (9) sheriff;
19-14 (10) sheriff and tax assessor-collector;
19-15 (11) county tax assessor-collector;
19-16 (12) county treasurer;
19-17 (13) county school trustee (county with population of
19-18 two million or more);
19-19 (14) county surveyor;
19-20 (15) inspector of hides and animals.
19-21 (f) Precinct offices shall be listed in the following order:
19-22 (1) county commissioner;
19-23 (2) justice of the peace;
19-24 (3) constable;
19-25 (4) public weigher.
19-26 (g) The nonpartisan judicial offices shall be listed in the
19-27 following order:
20-1 (1) chief justice, supreme court;
20-2 (2) justice, supreme court;
20-3 (3) presiding judge, court of criminal appeals;
20-4 (4) judge, court of criminal appeals;
20-5 (5) chief justice, court of appeals;
20-6 (6) justice, court of appeals;
20-7 (7) district judge;
20-8 (8) criminal district judge;
20-9 (9) family district judge.
20-10 (h) If two or more offices having the same title except for
20-11 a place number or other distinguishing number are to appear on the
20-12 ballot, the number shall appear as part of the office title and the
20-13 offices shall be listed in numerical order.
20-14 (i) <(h)> The secretary of state shall assign a place number
20-15 to each position for which a retention <to be filled at the
20-16 general> election is to be held for <state and county officers for
20-17 each full or unexpired term in> the following offices:
20-18 (1) justice, supreme court;
20-19 (2) judge, court of criminal appeals; and
20-20 (3) justice, court of appeals in a court having a
20-21 membership in excess of three, if distinguishing the positions to
20-22 be filled is necessary.
20-23 (j) <(i)> The secretary of state shall designate the
20-24 position of new offices on the ballot.
20-25 (k) <(j)> The office of judge of a multicounty statutory
20-26 county court created under Subchapter D, Chapter 25, Government
20-27 Code, is considered to be a county office for purposes of listing
21-1 the office on the ballot and to be a district office for all other
21-2 purposes under this code.
21-3 SECTION 9. Subsection (a), Section 141.001, Election Code,
21-4 is amended to read as follows:
21-5 (a) To be eligible to be a candidate for, or elected or
21-6 appointed to, a public elective office in this state, a person
21-7 must:
21-8 (1) be a United States citizen;
21-9 (2) be 18 years of age or older on the first day of
21-10 the term to be filled at the election or on the date of
21-11 appointment, as applicable;
21-12 (3) have not been determined mentally incompetent by a
21-13 final judgment of a court;
21-14 (4) have not been finally convicted of a felony from
21-15 which the person has not been pardoned or otherwise released from
21-16 the resulting disabilities;
21-17 (5) have resided continuously in the state for 12
21-18 months and in the territory from which the office is elected for
21-19 six months immediately preceding the following date:
21-20 (A) for a candidate whose name is to appear on a
21-21 general primary election ballot, the date of the regular filing
21-22 deadline for a candidate's application for a place on the ballot;
21-23 (B) for an independent candidate or a
21-24 nonpartisan judicial candidate, other than a candidate for
21-25 retention, the date of the regular filing deadline for a
21-26 candidate's application for a place on the ballot;
21-27 (C) for a write-in candidate, the date of the
22-1 election at which the candidate's name is written in;
22-2 (D) for a party nominee who is nominated by any
22-3 method other than by primary election, the date the nomination is
22-4 made; and
22-5 (E) for an appointee to an office, the date the
22-6 appointment is made; and
22-7 (6) satisfy any other eligibility requirements
22-8 prescribed by law for the office.
22-9 SECTION 10. Subsection (b), Section 145.003, Election Code,
22-10 is amended to read as follows:
22-11 (b) A candidate in the general election for state and county
22-12 officers, including the nonpartisan judicial election, may be
22-13 declared ineligible before the 30th day preceding election day by:
22-14 (1) the party officer responsible for certifying the
22-15 candidate's name for placement on the general election ballot, in
22-16 the case of a candidate who is a political party's nominee; or
22-17 (2) the authority with whom the candidate's
22-18 application for a place on the ballot or declaration of candidacy
22-19 is required to be filed, in the case of an independent candidate or
22-20 a nonpartisan judicial candidate, as applicable.
22-21 SECTION 11. Subsection (a), Section 145.005, Election Code,
22-22 is amended to read as follows:
22-23 (a) If the name of a deceased or ineligible candidate
22-24 appears on the ballot <under this chapter>, the votes cast for the
22-25 candidate shall be counted and entered on the official election
22-26 returns in the same manner as for the other candidates.
22-27 SECTION 12. Section 146.021, Election Code, is amended to
23-1 read as follows:
23-2 Sec. 146.021. Applicability of Subchapter. This subchapter
23-3 applies to a write-in candidate for an office that is to be voted
23-4 on at the general election for state and county officers, including
23-5 the nonpartisan judicial election.
23-6 SECTION 13. Subsections (c) and (e), Section 172.021,
23-7 Election Code, are amended to read as follows:
23-8 (c) An application filed by mail is considered to be filed
23-9 at the time of its receipt by the appropriate authority.
23-10 (e) A candidate for an office specified by Section
23-11 172.024(a)(8)<, (10), or (12)>, or for justice of the peace in a
23-12 county with a population of more than one million <850,000>, who
23-13 chooses to pay the filing fee must also accompany the application
23-14 with a petition that complies with the requirements prescribed for
23-15 the petition authorized by Subsection (b), except that the minimum
23-16 number of signatures that must appear on the petition required by
23-17 this subsection is 250. If the candidate chooses to file the
23-18 petition authorized by Subsection (b) instead of the filing fee,
23-19 the minimum number of signatures required for that petition is
23-20 increased by 250. Signatures on a petition filed under this
23-21 subsection or Subsection (b) by a candidate covered by this
23-22 subsection may not be obtained on the grounds of a county
23-23 courthouse or courthouse annex.
23-24 SECTION 14. Subsection (a), Section 172.024, Election Code,
23-25 is amended to read as follows:
23-26 (a) The filing fee for a candidate for nomination in the
23-27 general primary election is as follows:
24-1 (1) United States senator ...................... $4,000
24-2 (2) office elected statewide, except United
24-3 States senator ............................ 3,000
24-4 (3) United States representative ................ 2,500
24-5 (4) state senator ............................... 1,000
24-6 (5) state representative .......................... 600
24-7 (6) member, State Board of Education .............. 250
24-8 (7) <chief justice or justice, court of
24-9 appeals, other than a justice specified
24-10 by Subdivision (8) ........................ 1,500>
24-11 <(8) chief justice or justice of a court of
24-12 appeals that serves a court of appeals
24-13 district in which a county with a
24-14 population of more than 850,000 is
24-15 wholly or partly situated ................. 2,000>
24-16 <(9) district judge or judge specified by
24-17 Section 52.092(d) for which this
24-18 schedule does not otherwise prescribe a
24-19 fee ....................................... 1,200>
24-20 <(10) district or criminal district judge of a
24-21 court in a judicial district wholly
24-22 contained in a county with a population
24-23 of more than 850,000 ...................... 2,000>
24-24 <(11)> judge, statutory county court, other
24-25 than a judge specified by Subdivision
24-26 (8) <(12)> ................................ 1,200
24-27 (8) <(12)> judge of a statutory county court
25-1 in a county with a population of more
25-2 than one million <850,000> ................ 2,000
25-3 (9) <(13)> district attorney, criminal
25-4 district attorney, or county attorney
25-5 performing the duties of a district
25-6 attorney .................................. 1,000
25-7 (10) <(14)> county commissioner or judge,
25-8 constitutional county court:
25-9 (A) county with a population of 200,000
25-10 or more .............................. 1,000
25-11 (B) county with a population of under
25-12 200,000 ................................ 600
25-13 (11) <(15)> justice of the peace or constable:
25-14 (A) county with a population of 200,000
25-15 or more ................................ 800
25-16 (B) county with a population of under
25-17 200,000 ................................ 300
25-18 (12) <(16)> county surveyor, inspector of
25-19 hides and animals, or public weigher ......... 50
25-20 (13) <(17)> office of the county government
25-21 for which this schedule does not
25-22 otherwise prescribe a fee ................... 600
25-23 SECTION 15. Chapter 202, Election Code, is amended by
25-24 amending Section 202.002 and by adding Section 202.008 to read as
25-25 follows:
25-26 Sec. 202.002. Vacancy Filled at General Election. (a) If a
25-27 vacancy occurs on or before the 65th day before the date of the
26-1 general election for state and county officers, including the
26-2 nonpartisan judicial election, held in the next-to-last
26-3 even-numbered year of a term of office, the remainder of the
26-4 unexpired term or, for a nonpartisan judicial office, the four-year
26-5 term beginning on the next January 1 following the general election
26-6 shall be filled at the next general election for state and county
26-7 officers, as provided by this chapter.
26-8 (b) If a vacancy occurs after the 65th day before a general
26-9 election day, an election for the unexpired term, or for a
26-10 nonpartisan judicial office an election for a new four-year term,
26-11 may not be held at that general election. The appointment to fill
26-12 the vacancy continues until the next succeeding general election
26-13 and until a successor has been elected and has qualified for the
26-14 office.
26-15 Sec. 202.008. Filing Deadline For Application of Nonpartisan
26-16 Judicial Candidate. (a) If a vacancy in a nonpartisan judicial
26-17 office occurs on or before the 10th day before the date of the
26-18 regular deadline for filing an application for a place on the
26-19 nonpartisan judicial election ballot, an application for election
26-20 to the next four-year term must be filed by the regular filing
26-21 deadline.
26-22 (b) If the vacancy occurs after the 10th day before the date
26-23 of the regular filing deadline, an application for election to the
26-24 next four-year term must be filed not later than 5 p.m. of the 15th
26-25 day after the date the vacancy occurs or 5 p.m. of the 60th day
26-26 before election day, whichever is earlier.
26-27 SECTION 16. (a) A district judge in office on the effective
27-1 date of this Act, unless otherwise removed as provided by law, is
27-2 entitled to continue in office for the term to which elected as
27-3 provided by this section.
27-4 (b) Terms of district judges elected to full terms in the
27-5 general election in 1992 expire January 1, 1997. Terms of district
27-6 judges elected to full terms in the general election in 1994 expire
27-7 January 1, 1999.
27-8 (c) The first nonpartisan judicial election shall be the
27-9 election in November, 1996. For the purpose of initiating the
27-10 election and retention cycle required by Section 24.0016,
27-11 Government Code, as added by this Act, district judges elected to
27-12 office and holding office for the terms provided by Subsection (b)
27-13 of this section stand for reelection or retention in accordance
27-14 with this subsection. In the last year of the term provided by
27-15 Subsection (b) of this section, and at each applicable subsequent
27-16 nonpartisan judicial election, the judge is subject to retention or
27-17 rejection unless at the end of that term the judge will have served
27-18 12 or more consecutive years in the office of district judge of
27-19 that court. At the end of the term during which the judge has
27-20 served 12 consecutive years in the office of district judge of a
27-21 court, the office is filled by election from the judicial district
27-22 or commissioners court precinct, as applicable. If the judge is
27-23 reelected, the term is considered the first term to which the judge
27-24 has been elected for purposes of Section 24.0016, Government Code,
27-25 as added by this Act, and in accordance with that section at the
27-26 end of that term and at the end of the immediately following
27-27 continuous term, the judge is subject to retention or rejection.
28-1 SECTION 17. (a) Each supreme court justice, court of
28-2 criminal appeals judge, and court of appeals justice in office
28-3 January 1, 1996, unless otherwise removed as provided by law,
28-4 continues in office for the term to which elected.
28-5 (b) Each supreme court justice, court of criminal appeals
28-6 judge, and court of appeals justice who is in office January 1,
28-7 1996, is subject to confirmation or rejection, in the manner
28-8 provided by law, at the general election preceding the expiration
28-9 of the regular or unexpired term for which each was elected or
28-10 appointed. A vacancy does not exist in those offices until the
28-11 expiration of the term of the person who held the office January 1,
28-12 1996, or until that person does not hold the office, whichever
28-13 occurs first.
28-14 SECTION 18. This Act takes effect only if the constitutional
28-15 amendment proposed by the 74th Legislature, Regular Session, 1995,
28-16 relating to the appointment of appellate justices and judges by the
28-17 governor and retention or rejection of those justices and judges,
28-18 to the nonpartisan election and retention or rejection of district
28-19 judges, to the election of district judges in certain counties from
28-20 commissioners court precincts, and to the alteration of the terms
28-21 of certain judicial offices is adopted. If the amendment is
28-22 adopted, this Act takes effect January 1, 1996.
28-23 SECTION 19. The importance of this legislation and the
28-24 crowded condition of the calendars in both houses create an
28-25 emergency and an imperative public necessity that the
28-26 constitutional rule requiring bills to be read on three several
28-27 days in each house be suspended, and this rule is hereby suspended.