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.