By Ellis S.B. No. 313
74R4293 GGS/RJA-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the appointment of appellate justices and judges, to
1-3 the nonpartisan election of district judges, to the retention or
1-4 rejection of district and appellate judges, and to the creation of
1-5 certain judicial districts.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. Chapter 22, Government Code, is amended by adding
1-8 Subchapter E to read as follows:
1-9 SUBCHAPTER E. APPOINTMENT AND RETENTION OF CERTAIN
1-10 JUDICIAL OFFICERS
1-11 Sec. 22.401. SUBJECT TO RETENTION ELECTION. (a) A justice
1-12 or judge is subject to retention or rejection in accordance with
1-13 Chapter 292, Election Code, at the last general election for state
1-14 and county officers to be held before the date the justice's or
1-15 judge's term expires.
1-16 (b) If a justice or judge does not seek retention, or
1-17 withdraws from the retention election, as provided by Chapter 292,
1-18 Election Code, the vacancy existing at the beginning of the
1-19 succeeding term shall be filled in the regular manner.
1-20 (c) If a vacancy occurs in the office of a justice or judge
1-21 seeking retention and the justice's or judge's name is omitted from
1-22 the retention election ballot under Chapter 292, Election Code, the
1-23 vacancy shall be filled in the regular manner.
1-24 Sec. 22.402. EFFECT OF RETENTION VOTE. (a) If a majority
2-1 of the votes received on the question are for the retention of the
2-2 justice or judge, the person is entitled to remain in office for a
2-3 regular term of six years beginning on the first day of the
2-4 following January, unless the person becomes ineligible or is
2-5 removed as provided by law.
2-6 (b) If less than a majority of the votes received on the
2-7 question are for retention, a vacancy in the office exists on the
2-8 first day of the following January, and the vacancy shall be filled
2-9 in the regular manner.
2-10 (c) If the name of a justice or judge seeking retention
2-11 appears on the retention election ballot under Chapter 292,
2-12 Election Code, although a vacancy has occurred in the office, the
2-13 retention election for that office has no effect and the vacancy
2-14 shall be filled in the regular manner.
2-15 SECTION 2. Subchapter A, Chapter 24, Government Code, is
2-16 amended by adding Sections 24.0015, 24.0016, and 24.0017 to read as
2-17 follows:
2-18 Sec. 24.0015. ELECTION FROM COMMISSIONERS COURT PRECINCT IN
2-19 POPULOUS COUNTIES. (a) The judges of the judicial districts
2-20 composed entirely of a county with a population of one million or
2-21 more shall be elected from commissioners court precincts.
2-22 (b) The secretary of state shall supervise the drawing of
2-23 lots to determine the number of the commissioners court precinct
2-24 from which each of the district judges is elected. An equal number
2-25 of district judges shall be elected from each commissioners court
2-26 precinct in a county.
2-27 Sec. 24.0016. ELECTION AND RETENTION CYCLE. (a) Except in
3-1 the case of a vacancy filled by appointment and in the case of an
3-2 incumbent judge seeking to be retained in office, the office of
3-3 district judge is filled by election at the nonpartisan judicial
3-4 election in accordance with Chapter 291, Election Code.
3-5 (b) At the end of a term of office to which a district judge
3-6 is elected, and at the end of the immediately following continuous
3-7 term in that office, the judge is subject to retention or rejection
3-8 by the voters of the judicial district in accordance with Chapter
3-9 292, Election Code.
3-10 (c) At the end of a second continuous term in which a judge
3-11 has been retained in office, the office is filled by election.
3-12 (d) For a judge seeking retention, including a judge elected
3-13 from a commissioners court precinct, the qualified voters of the
3-14 entire judicial district are entitled to vote on the issue of
3-15 retention or rejection.
3-16 (e) If a judge subject to retention or rejection does not
3-17 seek retention as provided by Chapter 292, Election Code, or the
3-18 name of a judge seeking retention is omitted from the retention
3-19 election ballot under that chapter, the succeeding term shall be
3-20 filled at the subsequent nonpartisan judicial election in
3-21 accordance with Chapter 291, Election Code.
3-22 Sec. 24.0017. EFFECT OF RETENTION VOTE. (a) If a majority
3-23 of the votes received on the question are for the retention of the
3-24 judge, the person is entitled to remain in office for a regular
3-25 term of four years beginning on the first day of the following
3-26 January, unless the person becomes ineligible or is removed as
3-27 provided by law.
4-1 (b) If less than a majority of the votes received on the
4-2 question are for retention, a vacancy in the office exists on the
4-3 first day of the following January, and the vacancy shall be filled
4-4 in the regular manner.
4-5 (c) If the name of a deceased or ineligible judge who sought
4-6 retention appears on the retention election ballot under Chapter
4-7 292, Election Code, the retention election for that office has no
4-8 effect and the vacancy existing at the beginning of the succeeding
4-9 term shall be filled in the regular manner.
4-10 SECTION 3. Subchapter C, Chapter 24, Government Code, is
4-11 amended by adding Sections 24.523-24.529 and Section 24.531 to read
4-12 as follows:
4-13 Sec. 24.523. 378TH JUDICIAL DISTRICT (BEXAR COUNTY). The
4-14 378th Judicial District is composed of Bexar County.
4-15 Sec. 24.524. 379TH JUDICIAL DISTRICT (DALLAS COUNTY). The
4-16 379th Judicial District is composed of Dallas County.
4-17 Sec. 24.525. 380TH JUDICIAL DISTRICT (DALLAS COUNTY). The
4-18 380th Judicial District is composed of Dallas County.
4-19 Sec. 24.526. 381ST JUDICIAL DISTRICT (DALLAS COUNTY). The
4-20 381st Judicial District is composed of Dallas County.
4-21 Sec. 24.527. 382ND JUDICIAL DISTRICT (HARRIS COUNTY). The
4-22 382nd Judicial District is composed of Harris County.
4-23 Sec. 24.528. 383RD JUDICIAL DISTRICT (TARRANT COUNTY). The
4-24 383rd Judicial District is composed of Tarrant County.
4-25 Sec. 24.529. 384TH JUDICIAL DISTRICT (TARRANT COUNTY). The
4-26 384th Judicial District is composed of Tarrant County.
4-27 Sec. 24.531. 386TH JUDICIAL DISTRICT (TARRANT COUNTY). The
5-1 386th Judicial District is composed of Tarrant County.
5-2 SECTION 4. Section 41.002, Election Code, is amended to read
5-3 as follows:
5-4 Sec. 41.002. GENERAL ELECTION FOR STATE AND COUNTY OFFICERS.
5-5 The general election for state and county officers, including the
5-6 nonpartisan judicial election, shall be held on the first Tuesday
5-7 after the first Monday in November in even-numbered years.
5-8 SECTION 5. The Election Code is amended by adding Title 17
5-9 to read as follows:
5-10 TITLE 17. NONPARTISAN JUDICIAL ELECTIONS
5-11 CHAPTER 291. NONPARTISAN JUDICIAL ELECTION
5-12 SUBCHAPTER A. NONPARTISAN ELECTION OF JUDGES GENERALLY
5-13 Sec. 291.001. APPLICABILITY OF CHAPTER. This chapter
5-14 applies only to a judicial office required to be elected at the
5-15 nonpartisan judicial election.
5-16 Sec. 291.002. PARTY NOMINATION PROHIBITED. Nomination for a
5-17 nonpartisan judicial office by a political party is prohibited.
5-18 Sec. 291.003. Applicability of Other Parts of Code. The
5-19 other titles of this code apply to a nonpartisan judicial election
5-20 except provisions that are inconsistent with this title or that
5-21 cannot feasibly be applied in a nonpartisan judicial election.
5-22 Sec. 291.004. Additional Procedures. The secretary of state
5-23 shall prescribe any additional procedures necessary for the orderly
5-24 and proper administration of elections held under this chapter.
5-25 (Sections 291.005-291.020 reserved for expansion
5-26 SUBCHAPTER B. APPLICATION FOR PLACE ON BALLOT
5-27 Sec. 291.021. Application Required. (a) To be entitled to
6-1 a place on the nonpartisan judicial election ballot, a candidate
6-2 must make an application for a place on the ballot.
6-3 (b) An application must, in addition to complying with
6-4 Section 141.031, be accompanied by the appropriate filing fee or,
6-5 instead of the filing fee, a petition that satisfies the
6-6 requirements prescribed by Section 141.062.
6-7 (c) An application filed by mail is considered to be filed
6-8 at the time of its receipt by the appropriate authority.
6-9 (d) A candidate for an office specified by Section
6-10 291.024(a)(2) who chooses to pay the filing fee must also accompany
6-11 the application with a petition that complies with the requirements
6-12 prescribed for the petition authorized by Subsection (b), except
6-13 that the minimum number of signatures that must appear on the
6-14 petition required by this subsection is 250. If the candidate
6-15 chooses to file the petition authorized by Subsection (b) instead
6-16 of the filing fee, the minimum number of signatures required for
6-17 that petition is increased by 250. Signatures on a petition filed
6-18 under this subsection or Subsection (b) by a candidate covered by
6-19 this subsection may not be obtained on the grounds of a county
6-20 courthouse or courthouse annex.
6-21 Sec. 291.022. Authority With Whom Application Filed. An
6-22 application for a place on the nonpartisan judicial election ballot
6-23 must be filed with the secretary of state.
6-24 Sec. 291.023. Regular Filing Deadline. (a) An application
6-25 for a place on the nonpartisan judicial election ballot must be
6-26 filed not later than 5 p.m. of the 70th day before election day,
6-27 except as provided by Sections 291.053 and 202.008.
7-1 (b) An application may not be filed earlier than the 30th
7-2 day before the date of the regular filing deadline.
7-3 Sec. 291.024. Filing Fee. (a) The filing fee for a
7-4 nonpartisan judicial candidate is as follows:
7-5 (1) district judge, criminal district judge, or
7-6 family district judge, other than a judge specified by
7-7 Subdivision (2) ........................................... $1,200
7-8 (2) district or criminal district judge of a court in
7-9 a judicial district wholly contained in a county with a population
7-10 of more than one million .................................. $2,000
7-11 (b) A filing fee received by the secretary of state shall be
7-12 deposited in the state treasury to the credit of the general
7-13 revenue fund.
7-14 Sec. 291.025. Number of Petition Signatures Required. The
7-15 minimum number of signatures that must appear on the petition
7-16 authorized by Section 291.021 is the lesser of:
7-17 (1) 500; or
7-18 (2) two percent of the total vote received in the
7-19 district by all the candidates for governor in the most recent
7-20 gubernatorial general election.
7-21 Sec. 291.026. Statement on Petition. The following
7-22 statement must appear at the top of each page of a petition to be
7-23 filed under Section 291.021: "I know that the purpose of this
7-24 petition is to entitle (insert candidate's name) to have his name
7-25 placed on the ballot for the office of (insert office title,
7-26 including any place number or other distinguishing number) for the
7-27 nonpartisan judicial election."
8-1 Sec. 291.027. Certification of Names for Placement on
8-2 Nonpartisan Judicial Election Ballot. (a) Except as provided by
8-3 Subsection (c), the secretary of state shall certify in writing for
8-4 placement on the nonpartisan judicial election ballot the name of
8-5 each candidate who files with the secretary an application that
8-6 complies with Section 291.021(b).
8-7 (b) Not later than the 55th day before election day, the
8-8 secretary of state shall deliver the certification to the authority
8-9 responsible for having the official ballot prepared in each county
8-10 in which the candidate's name is to appear on the ballot.
8-11 (c) A candidate's name may not be certified:
8-12 (1) if, before delivering the certification, the
8-13 secretary of state learns that the name is to be omitted from the
8-14 ballot under Section 291.054; or
8-15 (2) for an office for which the candidate's
8-16 application is invalid under Section 141.033.
8-17 (Sections 291.028-291.050 reserved for expansion
8-18 SUBCHAPTER C. WITHDRAWAL, DEATH, AND INELIGIBILITY
8-19 OF CANDIDATE
8-20 Sec. 291.051. Withdrawal, Death, or Ineligibility Generally.
8-21 With respect to withdrawal, death, or ineligibility of a candidate
8-22 in a nonpartisan judicial election, this subchapter supersedes
8-23 Subchapter A, Chapter 145, to the extent of any conflict.
8-24 Sec. 291.052. Withdrawal From Nonpartisan Judicial Election.
8-25 (a) A candidate may not withdraw from the nonpartisan judicial
8-26 election after the 65th day before election day.
8-27 (b) A withdrawal request must be filed with the authority
9-1 with whom the withdrawing candidate's application for a place on
9-2 the ballot is required to be filed.
9-3 Sec. 291.053. Extended Filing Deadline. (a) The deadline
9-4 for filing an application for a place on the nonpartisan judicial
9-5 election ballot is extended as provided by this section if a
9-6 candidate who has made an application that complies with the
9-7 applicable requirements:
9-8 (1) dies on or after the fifth day before the date of
9-9 the regular filing deadline and on or before the 65th day before
9-10 election day;
9-11 (2) holds the office for which the application was
9-12 made and withdraws or is declared ineligible on or after the date
9-13 of the regular filing deadline and on or before the 65th day before
9-14 election day; or
9-15 (3) withdraws or is declared ineligible during the
9-16 period prescribed by Subdivision (2), and at the time of the
9-17 withdrawal or declaration of ineligibility no other candidate has
9-18 made an application that complies with the applicable requirements
9-19 for the office sought by the withdrawn or ineligible candidate.
9-20 (b) The filing deadline is also extended if a candidate for
9-21 retention who has made a declaration of candidacy that complies
9-22 with Section 292.001 dies, withdraws, or is declared ineligible on
9-23 or after the fifth day before the date of the regular filing
9-24 deadline for applications and on or before the 65th day before
9-25 election day.
9-26 (c) An application for an office sought by a withdrawn,
9-27 deceased, or ineligible candidate must be filed not later than
10-1 5 p.m. of the 60th day before election day.
10-2 (d) If the deadline for filing applications is extended,
10-3 notice of the extended filing shall be given in the same manner as
10-4 provided for a primary election.
10-5 Sec. 291.054. Withdrawn, Deceased, or Ineligible Candidate's
10-6 Name Omitted From Ballot. A candidate's name shall be omitted from
10-7 the nonpartisan judicial election ballot if the candidate
10-8 withdraws, dies, or is declared ineligible on or before the 65th
10-9 day before election day.
10-10 Sec. 291.055. Deceased or Ineligible Candidate's Name to
10-11 Appear on Ballot. If a candidate who has made an application for a
10-12 place on the nonpartisan judicial election ballot that complies
10-13 with the applicable requirements dies or is declared ineligible
10-14 after the 65th day before election day, the candidate's name shall
10-15 be placed on the ballot.
10-16 (Sections 291.056-291.070 reserved for expansion
10-17 SUBCHAPTER D. CONDUCT OF ELECTION
10-18 Sec. 291.071. Nonpartisan Judicial Election Ballot. The
10-19 nonpartisan judicial offices and candidates shall be listed as a
10-20 separate ballot on the general election ballot following the
10-21 partisan offices under the heading "Election For Nonpartisan
10-22 Judicial Offices."
10-23 Sec. 291.072. General Procedure for Conduct of Nonpartisan
10-24 Judicial Election. Except as otherwise provided by this code, the
10-25 nonpartisan judicial election shall be conducted and the results
10-26 canvassed, tabulated, and reported in the manner applicable to
10-27 partisan offices in the general election for state and county
11-1 officers.
11-2 CHAPTER 292. RETENTION ELECTION
11-3 Sec. 292.001. Declaration of Candidacy. (a) Not later than
11-4 5 p.m. on June 1 preceding the nonpartisan judicial election at
11-5 which the justice or judge is subject to retention or rejection, a
11-6 justice or judge who seeks to continue to serve in that office
11-7 must file with the secretary of state a declaration of candidacy to
11-8 succeed to the next term.
11-9 (b) A declaration may not be filed earlier than the 30th day
11-10 before the date of the filing deadline. A declaration filed by
11-11 mail is considered to be filed at the time of its receipt by the
11-12 appropriate authority.
11-13 (c) The filling of the office for which a declaration of
11-14 candidacy is not filed is covered by Chapter 22 or 24, Government
11-15 Code, as applicable.
11-16 Sec. 292.002. Withdrawal, Death, or Ineligibility. (a)
11-17 With respect to withdrawal, death, or ineligibility of a candidate
11-18 in a retention election, this section supersedes Subchapter A,
11-19 Chapter 145, to the extent of any conflict.
11-20 (b) A candidate may not withdraw from the retention election
11-21 after the 65th day before election day.
11-22 (c) A withdrawal request must be filed with the authority
11-23 with whom the withdrawing candidate's declaration of candidacy is
11-24 required to be filed.
11-25 (d) A candidate's name shall be omitted from the retention
11-26 election ballot if the candidate withdraws, dies, or is declared
11-27 ineligible on or before the 65th day before election day.
12-1 (e) If a candidate who has made a declaration of candidacy
12-2 that complies with the applicable requirements dies or is declared
12-3 ineligible after the 65th day before election day, the candidate's
12-4 name shall be placed on the retention election ballot.
12-5 (f) The filling of the office following implementation of
12-6 Subsection (d) or (e) is covered by Chapter 22 or 24, Government
12-7 Code, as applicable.
12-8 Sec. 292.003. Certification of Names for Placement on
12-9 Retention Election Ballot. (a) Except as provided by Subsection
12-10 (c), the secretary of state shall certify in writing for placement
12-11 on the retention election ballot the name of each candidate who
12-12 files with the secretary a declaration of candidacy that complies
12-13 with Section 292.001.
12-14 (b) Not later than the 55th day before election day, the
12-15 secretary of state shall deliver the certification to the authority
12-16 responsible for having the official ballot prepared in each county
12-17 in which the candidate's name is to appear on the ballot.
12-18 (c) A candidate's name may not be certified if, before
12-19 delivering the certification, the secretary of state learns that
12-20 the name is to be omitted from the ballot under Section 292.002.
12-21 Sec. 292.004. Retention Election Ballot. The name of the
12-22 person subject to retention or rejection shall be submitted to the
12-23 voters on the nonpartisan judicial election ballot following the
12-24 offices subject to election under the heading "Retention of
12-25 Nonpartisan Judicial Offices," in substantially the following form:
12-26 "Shall (Justice or Judge)__________________________
12-27 ___________________________________________________
13-1 be retained in office as (justice or judge) of the
13-2 (name of court)__________________________________?"
13-3 ____"Yes"
13-4 ____"No"
13-5 Sec. 292.005. General Procedure for Conduct of Retention
13-6 Election. (a) Except as otherwise provided by this code, the
13-7 retention election shall be conducted and the results canvassed,
13-8 tabulated, and reported in the manner applicable to partisan
13-9 offices in the general election for state and county officers.
13-10 (b) A certificate of election shall be issued to a retained
13-11 officer in the same manner as provided for a candidate elected to
13-12 the office.
13-13 Sec. 292.006. WRITE-IN VOTING PROHIBITED. Write-in voting
13-14 is not permitted in a retention election.
13-15 Sec. 292.007. Political Contributions and Expenditures. A
13-16 candidate for retention of a judicial office is subject to Title 15
13-17 and shall comply with that title in the same manner as a candidate
13-18 for election to the office.
13-19 Sec. 292.008. Applicability of Other Parts of Code. The
13-20 other titles of this code apply to a retention election under this
13-21 chapter except provisions that are inconsistent with this title or
13-22 that cannot feasibly be applied in a retention election.
13-23 Sec. 292.009. Additional Procedures. The secretary of state
13-24 shall prescribe any additional procedures necessary for the orderly
13-25 and proper administration of elections held under this chapter.
13-26 CHAPTER 293. VOTER INFORMATION PAMPHLET
13-27 Sec. 293.001. APPLICABILITY OF CHAPTER. This chapter
14-1 applies to each candidate whose name is to appear on the ballot or
14-2 a list of declared write-in candidates in the nonpartisan judicial
14-3 election.
14-4 Sec. 293.002. STATEMENT FILED BY CANDIDATE. Not later than
14-5 the 70th day before the date of the nonpartisan judicial election,
14-6 a candidate may file with the secretary of state an informational
14-7 statement, on a form prescribed by the secretary, to be included in
14-8 the voter information pamphlet for that election.
14-9 Sec. 293.003. STATEMENT REQUIREMENTS. (a) A candidate's
14-10 statement must include a summary of the following information:
14-11 (1) current occupation;
14-12 (2) educational and occupational background;
14-13 (3) biographical information; and
14-14 (4) any previous experience serving in government.
14-15 (b) The secretary of state shall prescribe the format and
14-16 length of the candidate's statement.
14-17 Sec. 293.004. REVIEW BY SECRETARY OF STATE. (a) Not later
14-18 than the fifth day after the date the candidate's statement is
14-19 received, the secretary of state shall review the statement to
14-20 determine whether it complies with this chapter.
14-21 (b) If the secretary of state determines that the statement
14-22 does not comply with the applicable requirements, the secretary
14-23 shall reject the statement and deliver written notice of the reason
14-24 for the rejection to the candidate not later than the second day
14-25 after the date of rejection.
14-26 (c) A candidate whose statement is rejected may resubmit the
14-27 statement subject to the prescribed deadline.
15-1 Sec. 293.005. PREPARATION OF PAMPHLET. (a) The secretary
15-2 of state shall contract for the preparation and printing of the
15-3 voter information pamphlet after soliciting bids for that work.
15-4 The secretary may prepare or print the pamphlet if the secretary
15-5 determines that the costs of that preparation or printing are less
15-6 than or equal to the most reasonable bid submitted.
15-7 (b) The pamphlet must include the candidates' statements
15-8 that comply with this chapter, with candidates for election,
15-9 write-in candidates for election, and candidates for retention as
15-10 separate groups. The order of the candidates' names within the
15-11 groups is determined by a drawing conducted by the secretary of
15-12 state.
15-13 (c) To the extent practicable, the pamphlets shall be
15-14 prepared so that they contain only candidates for offices on which
15-15 the voters receiving them will be eligible to vote.
15-16 (d) The secretary of state shall prescribe appropriate
15-17 explanatory material to be included in the pamphlet to assist the
15-18 voters, including a statement that the pamphlet may be used at the
15-19 polls to assist the voters in marking their ballots.
15-20 Sec. 293.006. DISTRIBUTION OF PAMPHLET. Not later than the
15-21 45th day before the date of each nonpartisan judicial election, the
15-22 secretary of state shall mail the appropriate voter information
15-23 pamphlet to each household in this state in which a registered
15-24 voter resides.
15-25 Sec. 293.007. ADDITIONAL PROCEDURES PRESCRIBED BY SECRETARY
15-26 OF STATE. The secretary of state shall prescribe any additional
15-27 procedures necessary to implement this chapter.
16-1 SECTION 6. Section 1.005, Election Code, is amended by
16-2 amending Subdivision (9) and by adding Subdivisions (25) and (26)
16-3 to read as follows:
16-4 (9) "Independent candidate" means a candidate in a
16-5 nonpartisan election or a candidate in a partisan election who is
16-6 not the nominee of a political party. The term does not include a
16-7 nonpartisan judicial candidate.
16-8 (25) "Nonpartisan judicial election" means an election
16-9 held under Title 17.
16-10 (26) "Nonpartisan judicial candidate" means a
16-11 candidate in a nonpartisan judicial election.
16-12 SECTION 7. Section 52.092, Election Code, is amended to read
16-13 as follows:
16-14 Sec. 52.092. Offices Regularly Filled at General Election
16-15 for State and County Officers. (a) For an election at which
16-16 offices regularly filled at the general election for state and
16-17 county officers, including the nonpartisan judicial election, are
16-18 to appear on the ballot, the offices shall be listed in the
16-19 following order:
16-20 (1) offices of the federal government;
16-21 (2) offices of the state government:
16-22 (A) statewide offices;
16-23 (B) district offices;
16-24 (3) offices of the county government:
16-25 (A) county offices;
16-26 (B) precinct offices.
16-27 (b) Offices of the federal government shall be listed in the
17-1 following order:
17-2 (1) president and vice-president of the United States;
17-3 (2) United States senator;
17-4 (3) United States representative.
17-5 (c) Statewide offices of the state government shall be
17-6 listed in the following order:
17-7 (1) governor;
17-8 (2) lieutenant governor;
17-9 (3) attorney general;
17-10 (4) comptroller of public accounts;
17-11 (5) state treasurer;
17-12 (6) commissioner of the General Land Office;
17-13 (7) commissioner of agriculture;
17-14 (8) railroad commissioner<;>
17-15 <(9) chief justice, supreme court;>
17-16 <(10) justice, supreme court;>
17-17 <(11) presiding judge, court of criminal appeals;>
17-18 <(12) judge, court of criminal appeals>.
17-19 (d) District offices of the state government shall be listed
17-20 in the following order:
17-21 (1) member, State Board of Education;
17-22 (2) state senator;
17-23 (3) state representative;
17-24 <(4) chief justice, court of appeals;>
17-25 <(5) justice, court of appeals;>
17-26 <(6) district judge;>
17-27 <(7) criminal district judge;>
18-1 <(8) family district judge;>
18-2 (4) <(9)> district attorney;
18-3 (5) <(10)> criminal district attorney.
18-4 (e) County offices shall be listed in the following order:
18-5 (1) county judge;
18-6 (2) judge, county court at law;
18-7 (3) judge, county criminal court;
18-8 (4) judge, county probate court;
18-9 (5) county attorney;
18-10 (6) district clerk;
18-11 (7) district and county clerk;
18-12 (8) county clerk;
18-13 (9) sheriff;
18-14 (10) sheriff and tax assessor-collector;
18-15 (11) county tax assessor-collector;
18-16 (12) county treasurer;
18-17 (13) county school trustee (county with population of
18-18 two million or more);
18-19 (14) county surveyor;
18-20 (15) inspector of hides and animals.
18-21 (f) Precinct offices shall be listed in the following order:
18-22 (1) county commissioner;
18-23 (2) justice of the peace;
18-24 (3) constable;
18-25 (4) public weigher.
18-26 (g) The nonpartisan judicial offices shall be listed in the
18-27 following order:
19-1 (1) chief justice, supreme court;
19-2 (2) justice, supreme court;
19-3 (3) presiding judge, court of criminal appeals;
19-4 (4) judge, court of criminal appeals;
19-5 (5) chief justice, court of appeals;
19-6 (6) justice, court of appeals;
19-7 (7) district judge;
19-8 (8) criminal district judge;
19-9 (9) family district judge.
19-10 (h) <(g)> If two or more offices having the same title
19-11 except for a place number or other distinguishing number are to
19-12 appear on the ballot, the number shall appear as part of the office
19-13 title and the offices shall be listed in numerical order.
19-14 (i) <(h)> The secretary of state shall assign a place number
19-15 to each position for which a retention <to be filled at the
19-16 general> election is to be held for <state and county officers for
19-17 each full or unexpired term in> the following offices:
19-18 (1) justice, supreme court;
19-19 (2) judge, court of criminal appeals; and
19-20 (3) justice, court of appeals in a court having a
19-21 membership in excess of three, if distinguishing the positions to
19-22 be filled is necessary.
19-23 (j) <(i)> The secretary of state shall designate the
19-24 position of new offices on the ballot.
19-25 (k) <(j)> The office of judge of a multicounty statutory
19-26 county court created under Subchapter D, Chapter 25, Government
19-27 Code, is considered to be a county office for purposes of listing
20-1 the office on the ballot and to be a district office for all other
20-2 purposes under this code.
20-3 SECTION 8. Section 141.001(a), Election Code, is amended to
20-4 read as follows:
20-5 (a) To be eligible to be a candidate for, or elected or
20-6 appointed to, a public elective office in this state, a person
20-7 must:
20-8 (1) be a United States citizen;
20-9 (2) be 18 years of age or older on the first day of
20-10 the term to be filled at the election or on the date of
20-11 appointment, as applicable;
20-12 (3) have not been determined mentally incompetent by a
20-13 final judgment of a court;
20-14 (4) have not been finally convicted of a felony from
20-15 which the person has not been pardoned or otherwise released from
20-16 the resulting disabilities;
20-17 (5) have resided continuously in the state for 12
20-18 months and in the territory from which the office is elected for
20-19 six months immediately preceding the following date:
20-20 (A) for a candidate whose name is to appear on a
20-21 general primary election ballot, the date of the regular filing
20-22 deadline for a candidate's application for a place on the ballot;
20-23 (B) for an independent candidate or a
20-24 nonpartisan judicial candidate, other than a candidate for
20-25 retention, the date of the regular filing deadline for a
20-26 candidate's application for a place on the ballot;
20-27 (C) for a write-in candidate, the date of the
21-1 election at which the candidate's name is written in;
21-2 (D) for a party nominee who is nominated by any
21-3 method other than by primary election, the date the nomination is
21-4 made; and
21-5 (E) for an appointee to an office, the date the
21-6 appointment is made; and
21-7 (6) satisfy any other eligibility requirements
21-8 prescribed by law for the office.
21-9 SECTION 9. Section 145.003(b), Election Code, is amended to
21-10 read as follows:
21-11 (b) A candidate in the general election for state and county
21-12 officers, including the nonpartisan judicial election, may be
21-13 declared ineligible before the 30th day preceding election day by:
21-14 (1) the party officer responsible for certifying the
21-15 candidate's name for placement on the general election ballot, in
21-16 the case of a candidate who is a political party's nominee; or
21-17 (2) the authority with whom the candidate's
21-18 application for a place on the ballot or declaration of candidacy
21-19 is required to be filed, in the case of an independent candidate or
21-20 a nonpartisan judicial candidate, as applicable.
21-21 SECTION 10. Section 145.005(a), Election Code, is amended to
21-22 read as follows:
21-23 (a) If the name of a deceased or ineligible candidate
21-24 appears on the ballot <under this chapter>, the votes cast for the
21-25 candidate shall be counted and entered on the official election
21-26 returns in the same manner as for the other candidates.
21-27 SECTION 11. Section 146.021, Election Code, is amended to
22-1 read as follows:
22-2 Sec. 146.021. Applicability of Subchapter. This subchapter
22-3 applies to a write-in candidate for an office that is to be voted
22-4 on at the general election for state and county officers, including
22-5 the nonpartisan judicial election.
22-6 SECTION 12. Sections 172.021(c) and (e), Election Code, are
22-7 amended to read as follows:
22-8 (c) An application filed by mail is considered to be filed
22-9 at the time of its receipt by the appropriate authority.
22-10 (e) A candidate for an office specified by Section
22-11 172.024(a)(8) <, (10), or (12)>, or for justice of the peace in a
22-12 county with a population of more than one million <850,000>, who
22-13 chooses to pay the filing fee must also accompany the application
22-14 with a petition that complies with the requirements prescribed for
22-15 the petition authorized by Subsection (b), except that the minimum
22-16 number of signatures that must appear on the petition required by
22-17 this subsection is 250. If the candidate chooses to file the
22-18 petition authorized by Subsection (b) instead of the filing fee,
22-19 the minimum number of signatures required for that petition is
22-20 increased by 250. Signatures on a petition filed under this
22-21 subsection or Subsection (b) by a candidate covered by this
22-22 subsection may not be obtained on the grounds of a county
22-23 courthouse or courthouse annex.
22-24 SECTION 13. Section 172.024(a), Election Code, is amended to
22-25 read as follows:
22-26 (a) The filing fee for a candidate for nomination in the
22-27 general primary election is as follows:
23-1 (1) United States senator ..................... $4,000
23-2 (2) office elected statewide, except United States
23-3 senator .................................... 3,000
23-4 (3) United States representative ............... 2,500
23-5 (4) state senator .............................. 1,000
23-6 (5) state representative ......................... 600
23-7 (6) member, State Board of Education ............. 250
23-8 <(7) chief justice or justice, court of appeals, other
23-9 than a justice specified by Subdivision (8)
23-10 .......................................... 1,500>
23-11 <(8) chief justice or justice of a court of appeals
23-12 that serves a court of appeals district in which
23-13 a county with a population of more than 850,000
23-14 is wholly or partly situated ............. 2,000>
23-15 <(9) district judge or judge specified by Section
23-16 52.092(d) for which this schedule does not
23-17 otherwise prescribe a fee ................ 1,200>
23-18 <(10) district or criminal district judge of a court in
23-19 a judicial district wholly contained in a county
23-20 with a population of more than 850,000 .. 2,000>
23-21 (7) <(11)> judge, statutory county court, other than a
23-22 judge specified by Subdivision (8) <(12)>
23-23 .......................................... 1,200
23-24 (8) <(12)> judge of a statutory county court in a county
23-25 with a population of more than one million
23-26 <850,000> ................................ 2,000
23-27 (9) <(13)> district attorney, criminal district
24-1 attorney, or county attorney performing the duties
24-2 of a district attorney ..................... 1,000
24-3 (10) <(14)> county commissioner or judge,
24-4 constitutional county court:
24-5 (A) county with a population of 200,000
24-6 or more ............................... 1,000
24-7 (B) county with a population of under
24-8 200,000 ................................. 600
24-9 (11) <(15)> justice of the peace or constable:
24-10 (A) county with a population of 200,000
24-11 or more ................................. 800
24-12 (B) county with a population of under
24-13 200,000 ................................. 300
24-14 (12) <(16)> county surveyor, inspector of hides and
24-15 animals, or public weigher .................... 50
24-16 (13) <(17)> office of the county government for
24-17 which this schedule does not otherwise
24-18 prescribe a fee ............................. 600
24-19 SECTION 14. Chapter 202, Election Code, is amended by
24-20 amending Section 202.002 and by adding Section 202.008 to read as
24-21 follows:
24-22 Sec. 202.002. Vacancy Filled at General Election. (a) If a
24-23 vacancy occurs on or before the 65th day before the date of the
24-24 general election for state and county officers, including the
24-25 nonpartisan judicial election, held in the next-to-last
24-26 even-numbered year of a term of office, the remainder of the
24-27 unexpired term, or for a nonpartisan judicial office the four-year
25-1 term beginning on the next January 1 following the general
25-2 election, shall be filled at the next general election for state
25-3 and county officers, as provided by this chapter.
25-4 (b) If a vacancy occurs after the 65th day before a general
25-5 election day, an election for the unexpired term, or for a
25-6 nonpartisan judicial office an election for a new four-year term,
25-7 may not be held at that general election. The appointment to fill
25-8 the vacancy continues until the next succeeding general election
25-9 and until a successor has been elected and has qualified for the
25-10 office.
25-11 Sec. 202.008. Filing Deadline For Application of Nonpartisan
25-12 Judicial Candidate. (a) If a vacancy in a nonpartisan judicial
25-13 office occurs on or before the 10th day before the date of the
25-14 regular deadline for filing an application for a place on the
25-15 nonpartisan judicial election ballot, an application for election
25-16 to the next four-year term must be filed by the regular filing
25-17 deadline.
25-18 (b) If the vacancy occurs after the 10th day before the date
25-19 of the regular filing deadline, an application for election to the
25-20 next four-year term must be filed not later than 5 p.m. of the 15th
25-21 day after the date the vacancy occurs or 5 p.m. of the 60th day
25-22 before election day, whichever is earlier.
25-23 SECTION 15. (a) A district judge in office on the effective
25-24 date of this Act, unless otherwise removed as provided by law, is
25-25 entitled to continue in office for the term to which elected as
25-26 provided by this section.
25-27 (b) Terms of district judges elected to full terms in the
26-1 general election in 1992 expire January 1, 1997. Terms of district
26-2 judges elected to full terms in the general election in 1994 expire
26-3 January 1, 1999.
26-4 (c) The first nonpartisan judicial election shall be the
26-5 election in November 1996. For the purpose of initiating the
26-6 election and retention cycle required by Section 24.0016,
26-7 Government Code, as added by this Act, district judges elected to
26-8 office and holding office for the terms provided by Subsection (b)
26-9 of this section stand for reelection or retention in accordance
26-10 with this subsection. In the last year of the term provided by
26-11 Subsection (b) of this section, and at each applicable subsequent
26-12 nonpartisan judicial election, the judge is subject to retention or
26-13 rejection unless at the end of that term the judge will have served
26-14 12 or more consecutive years in the office of district judge of
26-15 that court. At the end of the term during which the judge has
26-16 served 12 consecutive years in the office of district judge of a
26-17 court, the office is filled by election from the judicial district
26-18 or commissioners court precinct, as applicable. If the judge is
26-19 reelected, the term is considered the first term to which the judge
26-20 has been elected for purposes of Section 24.0016, Government Code,
26-21 as added by this Act, and in accordance with that section at the
26-22 end of that term and at the end of the immediately following
26-23 continuous term, the judge is subject to retention or rejection.
26-24 SECTION 16. (a) Each supreme court justice, court of
26-25 criminal appeals judge, and court of appeals justice in office
26-26 January 1, 1996, unless otherwise removed as provided by law,
26-27 continues in office for the term to which elected.
27-1 (b) Each supreme court justice, court of criminal appeals
27-2 judge, and court of appeals justice who is in office January 1,
27-3 1996, is subject to confirmation or rejection, in the manner
27-4 provided by law, at the general election preceding the expiration
27-5 of the regular or unexpired term for which each was elected or
27-6 appointed. A vacancy does not exist in those offices until the
27-7 expiration of the term of the person who held the office January 1,
27-8 1996, or until that person does not hold the office, whichever
27-9 occurs first.
27-10 SECTION 17. This Act takes effect only if the constitutional
27-11 amendment proposed by the 74th Legislature, Regular Session, 1995,
27-12 relating to the appointment of appellate justices and judges by the
27-13 governor and retention or rejection of those justices and judges,
27-14 to the nonpartisan election and retention or rejection of district
27-15 judges, to the election of district judges in certain counties from
27-16 commissioners court precincts, and to the alteration of the terms
27-17 of certain judicial offices is adopted. If the amendment is
27-18 adopted, this Act takes effect January 1, 1996.
27-19 SECTION 18. The importance of this legislation and the
27-20 crowded condition of the calendars in both houses create an
27-21 emergency and an imperative public necessity that the
27-22 constitutional rule requiring bills to be read on three several
27-23 days in each house be suspended, and this rule is hereby suspended.