1-1 By: Ellis, et al. S.B. No. 313
1-2 (In the Senate - Filed January 24, 1995; January 26, 1995,
1-3 read first time and referred to Committee on Jurisprudence;
1-4 April 19, 1995, reported favorably by the following vote: Yeas 4,
1-5 Nays 3; April 19, 1995, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the appointment of appellate justices and judges, to
1-9 the nonpartisan election of district judges, to the retention or
1-10 rejection of district and appellate judges, and to the creation of
1-11 certain judicial districts.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Chapter 22, Government Code, is amended by adding
1-14 Subchapter E to read as follows:
1-15 SUBCHAPTER E. APPOINTMENT AND RETENTION OF CERTAIN
1-16 JUDICIAL OFFICERS
1-17 Sec. 22.401. SUBJECT TO RETENTION ELECTION. (a) A justice
1-18 or judge is subject to retention or rejection in accordance with
1-19 Chapter 292, Election Code, at the last general election for state
1-20 and county officers to be held before the date the justice's or
1-21 judge's term expires.
1-22 (b) If a justice or judge does not seek retention, or
1-23 withdraws from the retention election, as provided by Chapter 292,
1-24 Election Code, the vacancy existing at the beginning of the
1-25 succeeding term shall be filled in the regular manner.
1-26 (c) If a vacancy occurs in the office of a justice or judge
1-27 seeking retention and the justice's or judge's name is omitted from
1-28 the retention election ballot under Chapter 292, Election Code, the
1-29 vacancy shall be filled in the regular manner.
1-30 Sec. 22.402. EFFECT OF RETENTION VOTE. (a) If a majority
1-31 of the votes received on the question are for the retention of the
1-32 justice or judge, the person is entitled to remain in office for a
1-33 regular term of six years beginning on the first day of the
1-34 following January, unless the person becomes ineligible or is
1-35 removed as provided by law.
1-36 (b) If less than a majority of the votes received on the
1-37 question are for retention, a vacancy in the office exists on the
1-38 first day of the following January and the vacancy shall be filled
1-39 in the regular manner.
1-40 (c) If the name of a justice or judge seeking retention
1-41 appears on the retention election ballot under Chapter 292,
1-42 Election Code, although a vacancy has occurred in the office, the
1-43 retention election for that office has no effect and the vacancy
1-44 shall be filled in the regular manner.
1-45 SECTION 2. Subchapter A, Chapter 24, Government Code, is
1-46 amended by adding Sections 24.0015, 24.0016, and 24.0017 to read as
1-47 follows:
1-48 Sec. 24.0015. ELECTION FROM COMMISSIONERS COURT PRECINCT IN
1-49 POPULOUS COUNTIES. (a) The judges of the judicial districts
1-50 composed entirely of a county with a population of one million or
1-51 more shall be elected from commissioners court precincts.
1-52 (b) The secretary of state shall supervise the drawing of
1-53 lots to determine the number of the commissioners court precinct
1-54 from which each of the district judges is elected. An equal number
1-55 of district judges shall be elected from each commissioners court
1-56 precinct in a county.
1-57 Sec. 24.0016. ELECTION AND RETENTION CYCLE. (a) Except in
1-58 the case of a vacancy filled by appointment and in the case of an
1-59 incumbent judge seeking to be retained in office, the office of
1-60 district judge is filled by election at the nonpartisan judicial
1-61 election in accordance with Chapter 291, Election Code.
1-62 (b) At the end of a term of office to which a district judge
1-63 is elected, and at the end of the immediately following continuous
1-64 term in that office, the judge is subject to retention or rejection
1-65 by the voters of the judicial district in accordance with Chapter
1-66 292, Election Code.
1-67 (c) At the end of a second continuous term in which a judge
1-68 has been retained in office, the office is filled by election.
2-1 (d) For a judge seeking retention, including a judge elected
2-2 from a commissioners court precinct, the qualified voters of the
2-3 entire judicial district are entitled to vote on the issue of
2-4 retention or rejection.
2-5 (e) If a judge subject to retention or rejection does not
2-6 seek retention as provided by Chapter 292, Election Code, or the
2-7 name of a judge seeking retention is omitted from the retention
2-8 election ballot under that chapter, the succeeding term shall be
2-9 filled at the subsequent nonpartisan judicial election in
2-10 accordance with Chapter 291, Election Code.
2-11 Sec. 24.0017. EFFECT OF RETENTION VOTE. (a) If a majority
2-12 of the votes received on the question are for the retention of the
2-13 judge, the person is entitled to remain in office for a regular
2-14 term of four years beginning on the first day of the following
2-15 January, unless the person becomes ineligible or is removed as
2-16 provided by law.
2-17 (b) If less than a majority of the votes received on the
2-18 question are for retention, a vacancy in the office exists on the
2-19 first day of the following January and the vacancy shall be filled
2-20 in the regular manner.
2-21 (c) If the name of a deceased or ineligible judge who sought
2-22 retention appears on the retention election ballot under Chapter
2-23 292, Election Code, the retention election for that office has no
2-24 effect and the vacancy existing at the beginning of the succeeding
2-25 term shall be filled in the regular manner.
2-26 SECTION 3. Subchapter C, Chapter 24, Government Code, is
2-27 amended by adding Sections 24.523 through 24.529 and Section 24.531
2-28 to read as follows:
2-29 Sec. 24.523. 378TH JUDICIAL DISTRICT (BEXAR COUNTY). The
2-30 378th Judicial District is composed of Bexar County.
2-31 Sec. 24.524. 379TH JUDICIAL DISTRICT (DALLAS COUNTY). The
2-32 379th Judicial District is composed of Dallas County.
2-33 Sec. 24.525. 380TH JUDICIAL DISTRICT (DALLAS COUNTY). The
2-34 380th Judicial District is composed of Dallas County.
2-35 Sec. 24.526. 381ST JUDICIAL DISTRICT (DALLAS COUNTY). The
2-36 381st Judicial District is composed of Dallas County.
2-37 Sec. 24.527. 382ND JUDICIAL DISTRICT (HARRIS COUNTY). The
2-38 382nd Judicial District is composed of Harris County.
2-39 Sec. 24.528. 383RD JUDICIAL DISTRICT (TARRANT COUNTY). The
2-40 383rd Judicial District is composed of Tarrant County.
2-41 Sec. 24.529. 384TH JUDICIAL DISTRICT (TARRANT COUNTY). The
2-42 384th Judicial District is composed of Tarrant County.
2-43 Sec. 24.531. 386TH JUDICIAL DISTRICT (TARRANT COUNTY). The
2-44 386th Judicial District is composed of Tarrant County.
2-45 SECTION 4. Section 41.002, Election Code, is amended to read
2-46 as follows:
2-47 Sec. 41.002. GENERAL ELECTION FOR STATE AND COUNTY OFFICERS.
2-48 The general election for state and county officers, including the
2-49 nonpartisan judicial election, shall be held on the first Tuesday
2-50 after the first Monday in November in even-numbered years.
2-51 SECTION 5. The Election Code is amended by adding Title 17
2-52 to read as follows:
2-53 TITLE 17. NONPARTISAN JUDICIAL ELECTIONS
2-54 CHAPTER 291. NONPARTISAN JUDICIAL ELECTION
2-55 SUBCHAPTER A. NONPARTISAN ELECTION OF JUDGES GENERALLY
2-56 Sec. 291.001. APPLICABILITY OF CHAPTER. This chapter
2-57 applies only to a judicial office required to be elected at the
2-58 nonpartisan judicial election.
2-59 Sec. 291.002. PARTY NOMINATION PROHIBITED. Nomination for a
2-60 nonpartisan judicial office by a political party is prohibited.
2-61 Sec. 291.003. Applicability of Other Parts of Code. The
2-62 other titles of this code apply to a nonpartisan judicial election
2-63 except provisions that are inconsistent with this title or that
2-64 cannot feasibly be applied in a nonpartisan judicial election.
2-65 Sec. 291.004. Additional Procedures. The secretary of state
2-66 shall prescribe any additional procedures necessary for the orderly
2-67 and proper administration of elections held under this chapter.
2-68 (Sections 291.005 to 291.020 reserved for expansion
2-69 SUBCHAPTER B. APPLICATION FOR PLACE ON BALLOT
2-70 Sec. 291.021. Application Required. (a) To be entitled to
3-1 a place on the nonpartisan judicial election ballot, a candidate
3-2 must make an application for a place on the ballot.
3-3 (b) An application must, in addition to complying with
3-4 Section 141.031, be accompanied by the appropriate filing fee or,
3-5 instead of the filing fee, a petition that satisfies the
3-6 requirements prescribed by Section 141.062.
3-7 (c) An application filed by mail is considered to be filed
3-8 at the time of its receipt by the appropriate authority.
3-9 (d) A candidate for an office specified by Section
3-10 291.024(a)(2) who chooses to pay the filing fee must also accompany
3-11 the application with a petition that complies with the requirements
3-12 prescribed for the petition authorized by Subsection (b), except
3-13 that the minimum number of signatures that must appear on the
3-14 petition required by this subsection is 250. If the candidate
3-15 chooses to file the petition authorized by Subsection (b) instead
3-16 of the filing fee, the minimum number of signatures required for
3-17 that petition is increased by 250. Signatures on a petition filed
3-18 under this subsection or Subsection (b) by a candidate covered by
3-19 this subsection may not be obtained on the grounds of a county
3-20 courthouse or courthouse annex.
3-21 Sec. 291.022. Authority With Whom Application Filed. An
3-22 application for a place on the nonpartisan judicial election ballot
3-23 must be filed with the secretary of state.
3-24 Sec. 291.023. Regular Filing Deadline. (a) An application
3-25 for a place on the nonpartisan judicial election ballot must be
3-26 filed not later than 5 p.m. of the 70th day before election day,
3-27 except as provided by Sections 291.053 and 202.008.
3-28 (b) An application may not be filed earlier than the 30th
3-29 day before the date of the regular filing deadline.
3-30 Sec. 291.024. Filing Fee. (a) The filing fee for a
3-31 nonpartisan judicial candidate is as follows:
3-32 (1) district judge, criminal district judge, or
3-33 family district judge, other than a judge specified by
3-34 Subdivision (2) ........................................... $1,200
3-35 (2) district or criminal district judge of a court in
3-36 a judicial district wholly contained in a county with a population
3-37 of more than one million .................................. $2,000
3-38 (b) A filing fee received by the secretary of state shall be
3-39 deposited in the state treasury to the credit of the general
3-40 revenue fund.
3-41 Sec. 291.025. Number of Petition Signatures Required. The
3-42 minimum number of signatures that must appear on the petition
3-43 authorized by Section 291.021 is the lesser of:
3-44 (1) 500; or
3-45 (2) two percent of the total vote received in the
3-46 district by all the candidates for governor in the most recent
3-47 gubernatorial general election.
3-48 Sec. 291.026. Statement on Petition. The following
3-49 statement must appear at the top of each page of a petition to be
3-50 filed under Section 291.021: "I know that the purpose of this
3-51 petition is to entitle (insert candidate's name) to have his name
3-52 placed on the ballot for the office of (insert office title,
3-53 including any place number or other distinguishing number) for the
3-54 nonpartisan judicial election."
3-55 Sec. 291.027. Certification of Names for Placement on
3-56 Nonpartisan Judicial Election Ballot. (a) Except as provided by
3-57 Subsection (c), the secretary of state shall certify in writing for
3-58 placement on the nonpartisan judicial election ballot the name of
3-59 each candidate who files with the secretary an application that
3-60 complies with Section 291.021(b).
3-61 (b) Not later than the 55th day before election day, the
3-62 secretary of state shall deliver the certification to the authority
3-63 responsible for having the official ballot prepared in each county
3-64 in which the candidate's name is to appear on the ballot.
3-65 (c) A candidate's name may not be certified:
3-66 (1) if, before delivering the certification, the
3-67 secretary of state learns that the name is to be omitted from the
3-68 ballot under Section 291.054; or
3-69 (2) for an office for which the candidate's
3-70 application is invalid under Section 141.033.
4-1 (Sections 291.028 to 291.050 reserved for expansion
4-2 SUBCHAPTER C. WITHDRAWAL, DEATH, AND INELIGIBILITY
4-3 OF CANDIDATE
4-4 Sec. 291.051. Withdrawal, Death, or Ineligibility Generally.
4-5 With respect to withdrawal, death, or ineligibility of a candidate
4-6 in a nonpartisan judicial election, this subchapter supersedes
4-7 Subchapter A, Chapter 145, to the extent of any conflict.
4-8 Sec. 291.052. Withdrawal From Nonpartisan Judicial Election.
4-9 (a) A candidate may not withdraw from the nonpartisan judicial
4-10 election after the 65th day before election day.
4-11 (b) A withdrawal request must be filed with the authority
4-12 with whom the withdrawing candidate's application for a place on
4-13 the ballot is required to be filed.
4-14 Sec. 291.053. Extended Filing Deadline. (a) The deadline
4-15 for filing an application for a place on the nonpartisan judicial
4-16 election ballot is extended as provided by this section if a
4-17 candidate who has made an application that complies with the
4-18 applicable requirements:
4-19 (1) dies on or after the fifth day before the date of
4-20 the regular filing deadline and on or before the 65th day before
4-21 election day;
4-22 (2) holds the office for which the application was
4-23 made and withdraws or is declared ineligible on or after the date
4-24 of the regular filing deadline and on or before the 65th day before
4-25 election day; or
4-26 (3) withdraws or is declared ineligible during the
4-27 period prescribed by Subdivision (2), and at the time of the
4-28 withdrawal or declaration of ineligibility no other candidate has
4-29 made an application that complies with the applicable requirements
4-30 for the office sought by the withdrawn or ineligible candidate.
4-31 (b) The filing deadline is also extended if a candidate for
4-32 retention who has made a declaration of candidacy that complies
4-33 with Section 292.001 dies, withdraws, or is declared ineligible on
4-34 or after the fifth day before the date of the regular filing
4-35 deadline for applications and on or before the 65th day before
4-36 election day.
4-37 (c) An application for an office sought by a withdrawn,
4-38 deceased, or ineligible candidate must be filed not later than
4-39 5 p.m. of the 60th day before election day.
4-40 (d) If the deadline for filing applications is extended,
4-41 notice of the extended filing shall be given in the same manner as
4-42 provided for a primary election.
4-43 Sec. 291.054. Withdrawn, Deceased, or Ineligible Candidate's
4-44 Name Omitted From Ballot. A candidate's name shall be omitted from
4-45 the nonpartisan judicial election ballot if the candidate
4-46 withdraws, dies, or is declared ineligible on or before the 65th
4-47 day before election day.
4-48 Sec. 291.055. Deceased or Ineligible Candidate's Name to
4-49 Appear on Ballot. If a candidate who has made an application for a
4-50 place on the nonpartisan judicial election ballot that complies
4-51 with the applicable requirements dies or is declared ineligible
4-52 after the 65th day before election day, the candidate's name shall
4-53 be placed on the ballot.
4-54 (Sections 291.056 to 291.070 reserved for expansion
4-55 SUBCHAPTER D. CONDUCT OF ELECTION
4-56 Sec. 291.071. Nonpartisan Judicial Election Ballot. The
4-57 nonpartisan judicial offices and candidates shall be listed as a
4-58 separate ballot on the general election ballot following the
4-59 partisan offices under the heading "Election For Nonpartisan
4-60 Judicial Offices."
4-61 Sec. 291.072. General Procedure for Conduct of Nonpartisan
4-62 Judicial Election. Except as otherwise provided by this code, the
4-63 nonpartisan judicial election shall be conducted and the results
4-64 canvassed, tabulated, and reported in the manner applicable to
4-65 partisan offices in the general election for state and county
4-66 officers.
4-67 CHAPTER 292. RETENTION ELECTION
4-68 Sec. 292.001. Declaration of Candidacy. (a) Not later than
4-69 5 p.m. on June 1 preceding the nonpartisan judicial election at
4-70 which the justice or judge is subject to retention or rejection, a
5-1 justice or judge who seeks to continue to serve in that office must
5-2 file with the secretary of state a declaration of candidacy to
5-3 succeed to the next term.
5-4 (b) A declaration may not be filed earlier than the 30th day
5-5 before the date of the filing deadline. A declaration filed by
5-6 mail is considered to be filed at the time of its receipt by the
5-7 appropriate authority.
5-8 (c) The filling of the office for which a declaration of
5-9 candidacy is not filed is covered by Chapter 22 or 24, Government
5-10 Code, as applicable.
5-11 Sec. 292.002. Withdrawal, Death, or Ineligibility.
5-12 (a) With respect to withdrawal, death, or ineligibility of a
5-13 candidate in a retention election, this section supersedes
5-14 Subchapter A, Chapter 145, to the extent of any conflict.
5-15 (b) A candidate may not withdraw from the retention election
5-16 after the 65th day before election day.
5-17 (c) A withdrawal request must be filed with the authority
5-18 with whom the withdrawing candidate's declaration of candidacy is
5-19 required to be filed.
5-20 (d) A candidate's name shall be omitted from the retention
5-21 election ballot if the candidate withdraws, dies, or is declared
5-22 ineligible on or before the 65th day before election day.
5-23 (e) If a candidate who has made a declaration of candidacy
5-24 that complies with the applicable requirements dies or is declared
5-25 ineligible after the 65th day before election day, the candidate's
5-26 name shall be placed on the retention election ballot.
5-27 (f) The filling of the office following implementation of
5-28 Subsection (d) or (e) is covered by Chapter 22 or 24, Government
5-29 Code, as applicable.
5-30 Sec. 292.003. Certification of Names for Placement on
5-31 Retention Election Ballot. (a) Except as provided by Subsection
5-32 (c), the secretary of state shall certify in writing for placement
5-33 on the retention election ballot the name of each candidate who
5-34 files with the secretary a declaration of candidacy that complies
5-35 with Section 292.001.
5-36 (b) Not later than the 55th day before election day, the
5-37 secretary of state shall deliver the certification to the authority
5-38 responsible for having the official ballot prepared in each county
5-39 in which the candidate's name is to appear on the ballot.
5-40 (c) A candidate's name may not be certified if, before
5-41 delivering the certification, the secretary of state learns that
5-42 the name is to be omitted from the ballot under Section 292.002.
5-43 Sec. 292.004. Retention Election Ballot. The name of the
5-44 person subject to retention or rejection shall be submitted to the
5-45 voters on the nonpartisan judicial election ballot following the
5-46 offices subject to election under the heading "Retention of
5-47 Nonpartisan Judicial Offices," in substantially the following form:
5-48 "Shall (Justice or Judge)__________________________
5-49 ___________________________________________________
5-50 be retained in office as (justice or judge) of the
5-51 (name of court)__________________________________?"
5-52 ____"Yes"
5-53 ____"No"
5-54 Sec. 292.005. General Procedure for Conduct of Retention
5-55 Election. (a) Except as otherwise provided by this code, the
5-56 retention election shall be conducted and the results canvassed,
5-57 tabulated, and reported in the manner applicable to partisan
5-58 offices in the general election for state and county officers.
5-59 (b) A certificate of election shall be issued to a retained
5-60 officer in the same manner as provided for a candidate elected to
5-61 the office.
5-62 Sec. 292.006. WRITE-IN VOTING PROHIBITED. Write-in voting
5-63 is not permitted in a retention election.
5-64 Sec. 292.007. Political Contributions and Expenditures. A
5-65 candidate for retention of a judicial office is subject to Title 15
5-66 and shall comply with that title in the same manner as a candidate
5-67 for election to the office.
5-68 Sec. 292.008. Applicability of Other Parts of Code. The
5-69 other titles of this code apply to a retention election under this
5-70 chapter except provisions that are inconsistent with this title or
6-1 that cannot feasibly be applied in a retention election.
6-2 Sec. 292.009. Additional Procedures. The secretary of state
6-3 shall prescribe any additional procedures necessary for the orderly
6-4 and proper administration of elections held under this chapter.
6-5 CHAPTER 293. VOTER INFORMATION PAMPHLET
6-6 Sec. 293.001. APPLICABILITY OF CHAPTER. This chapter
6-7 applies to each candidate whose name is to appear on the ballot or
6-8 a list of declared write-in candidates in the nonpartisan judicial
6-9 election.
6-10 Sec. 293.002. STATEMENT FILED BY CANDIDATE. Not later than
6-11 the 70th day before the date of the nonpartisan judicial election,
6-12 a candidate may file with the secretary of state an informational
6-13 statement, on a form prescribed by the secretary, to be included in
6-14 the voter information pamphlet for that election.
6-15 Sec. 293.003. STATEMENT REQUIREMENTS. (a) A candidate's
6-16 statement must include a summary of the following information:
6-17 (1) current occupation;
6-18 (2) educational and occupational background;
6-19 (3) biographical information; and
6-20 (4) any previous experience serving in government.
6-21 (b) The secretary of state shall prescribe the format and
6-22 length of the candidate's statement.
6-23 Sec. 293.004. REVIEW BY SECRETARY OF STATE. (a) Not later
6-24 than the fifth day after the date the candidate's statement is
6-25 received, the secretary of state shall review the statement to
6-26 determine whether it complies with this chapter.
6-27 (b) If the secretary of state determines that the statement
6-28 does not comply with the applicable requirements, the secretary
6-29 shall reject the statement and deliver written notice of the reason
6-30 for the rejection to the candidate not later than the second day
6-31 after the date of rejection.
6-32 (c) A candidate whose statement is rejected may resubmit the
6-33 statement subject to the prescribed deadline.
6-34 Sec. 293.005. PREPARATION OF PAMPHLET. (a) The secretary
6-35 of state shall contract for the preparation and printing of the
6-36 voter information pamphlet after soliciting bids for that work.
6-37 The secretary may prepare or print the pamphlet if the secretary
6-38 determines that the costs of that preparation or printing are less
6-39 than or equal to the most reasonable bid submitted.
6-40 (b) The pamphlet must include the candidates' statements
6-41 that comply with this chapter, with candidates for election,
6-42 write-in candidates for election, and candidates for retention as
6-43 separate groups. The order of the candidates' names within the
6-44 groups is determined by a drawing conducted by the secretary of
6-45 state.
6-46 (c) To the extent practicable, the pamphlets shall be
6-47 prepared so that they contain only candidates for offices on which
6-48 the voters receiving them will be eligible to vote.
6-49 (d) The secretary of state shall prescribe appropriate
6-50 explanatory material to be included in the pamphlet to assist the
6-51 voters, including a statement that the pamphlet may be used at the
6-52 polls to assist the voters in marking their ballots.
6-53 Sec. 293.006. DISTRIBUTION OF PAMPHLET. Not later than the
6-54 45th day before the date of each nonpartisan judicial election, the
6-55 secretary of state shall mail the appropriate voter information
6-56 pamphlet to each household in this state in which a registered
6-57 voter resides.
6-58 Sec. 293.007. ADDITIONAL PROCEDURES PRESCRIBED BY SECRETARY
6-59 OF STATE. The secretary of state shall prescribe any additional
6-60 procedures necessary to implement this chapter.
6-61 SECTION 6. Section 1.005, Election Code, is amended by
6-62 amending Subdivision (9) and by adding Subdivisions (25) and (26)
6-63 to read as follows:
6-64 (9) "Independent candidate" means a candidate in a
6-65 nonpartisan election or a candidate in a partisan election who is
6-66 not the nominee of a political party. The term does not include a
6-67 nonpartisan judicial candidate.
6-68 (25) "Nonpartisan judicial election" means an election
6-69 held under Title 17.
6-70 (26) "Nonpartisan judicial candidate" means a
7-1 candidate in a nonpartisan judicial election.
7-2 SECTION 7. Section 52.092, Election Code, is amended to read
7-3 as follows:
7-4 Sec. 52.092. Offices Regularly Filled at General Election
7-5 for State and County Officers. (a) For an election at which
7-6 offices regularly filled at the general election for state and
7-7 county officers, including the nonpartisan judicial election, are
7-8 to appear on the ballot, the offices shall be listed in the
7-9 following order:
7-10 (1) offices of the federal government;
7-11 (2) offices of the state government:
7-12 (A) statewide offices;
7-13 (B) district offices;
7-14 (3) offices of the county government:
7-15 (A) county offices;
7-16 (B) precinct offices.
7-17 (b) Offices of the federal government shall be listed in the
7-18 following order:
7-19 (1) president and vice-president of the United States;
7-20 (2) United States senator;
7-21 (3) United States representative.
7-22 (c) Statewide offices of the state government shall be
7-23 listed in the following order:
7-24 (1) governor;
7-25 (2) lieutenant governor;
7-26 (3) attorney general;
7-27 (4) comptroller of public accounts;
7-28 (5) state treasurer;
7-29 (6) commissioner of the General Land Office;
7-30 (7) commissioner of agriculture;
7-31 (8) railroad commissioner<;>
7-32 <(9) chief justice, supreme court;>
7-33 <(10) justice, supreme court;>
7-34 <(11) presiding judge, court of criminal appeals;>
7-35 <(12) judge, court of criminal appeals>.
7-36 (d) District offices of the state government shall be listed
7-37 in the following order:
7-38 (1) member, State Board of Education;
7-39 (2) state senator;
7-40 (3) state representative;
7-41 (4) <chief justice, court of appeals;>
7-42 <(5) justice, court of appeals;>
7-43 <(6) district judge;>
7-44 <(7) criminal district judge;>
7-45 <(8) family district judge;>
7-46 <(9)> district attorney;
7-47 (5) <(10)> criminal district attorney.
7-48 (e) County offices shall be listed in the following order:
7-49 (1) county judge;
7-50 (2) judge, county court at law;
7-51 (3) judge, county criminal court;
7-52 (4) judge, county probate court;
7-53 (5) county attorney;
7-54 (6) district clerk;
7-55 (7) district and county clerk;
7-56 (8) county clerk;
7-57 (9) sheriff;
7-58 (10) sheriff and tax assessor-collector;
7-59 (11) county tax assessor-collector;
7-60 (12) county treasurer;
7-61 (13) county school trustee (county with population of
7-62 two million or more);
7-63 (14) county surveyor;
7-64 (15) inspector of hides and animals.
7-65 (f) Precinct offices shall be listed in the following order:
7-66 (1) county commissioner;
7-67 (2) justice of the peace;
7-68 (3) constable;
7-69 (4) public weigher.
7-70 (g) The nonpartisan judicial offices shall be listed in the
8-1 following order:
8-2 (1) chief justice, supreme court;
8-3 (2) justice, supreme court;
8-4 (3) presiding judge, court of criminal appeals;
8-5 (4) judge, court of criminal appeals;
8-6 (5) chief justice, court of appeals;
8-7 (6) justice, court of appeals;
8-8 (7) district judge;
8-9 (8) criminal district judge;
8-10 (9) family district judge.
8-11 (h) If two or more offices having the same title except for
8-12 a place number or other distinguishing number are to appear on the
8-13 ballot, the number shall appear as part of the office title and the
8-14 offices shall be listed in numerical order.
8-15 (i) <(h)> The secretary of state shall assign a place number
8-16 to each position for which a retention <to be filled at the
8-17 general> election is to be held for <state and county officers for
8-18 each full or unexpired term in> the following offices:
8-19 (1) justice, supreme court;
8-20 (2) judge, court of criminal appeals; and
8-21 (3) justice, court of appeals in a court having a
8-22 membership in excess of three, if distinguishing the positions to
8-23 be filled is necessary.
8-24 (j) <(i)> The secretary of state shall designate the
8-25 position of new offices on the ballot.
8-26 (k) <(j)> The office of judge of a multicounty statutory
8-27 county court created under Subchapter D, Chapter 25, Government
8-28 Code, is considered to be a county office for purposes of listing
8-29 the office on the ballot and to be a district office for all other
8-30 purposes under this code.
8-31 SECTION 8. Subsection (a), Section 141.001, Election Code,
8-32 is amended to read as follows:
8-33 (a) To be eligible to be a candidate for, or elected or
8-34 appointed to, a public elective office in this state, a person
8-35 must:
8-36 (1) be a United States citizen;
8-37 (2) be 18 years of age or older on the first day of
8-38 the term to be filled at the election or on the date of
8-39 appointment, as applicable;
8-40 (3) have not been determined mentally incompetent by a
8-41 final judgment of a court;
8-42 (4) have not been finally convicted of a felony from
8-43 which the person has not been pardoned or otherwise released from
8-44 the resulting disabilities;
8-45 (5) have resided continuously in the state for 12
8-46 months and in the territory from which the office is elected for
8-47 six months immediately preceding the following date:
8-48 (A) for a candidate whose name is to appear on a
8-49 general primary election ballot, the date of the regular filing
8-50 deadline for a candidate's application for a place on the ballot;
8-51 (B) for an independent candidate or a
8-52 nonpartisan judicial candidate, other than a candidate for
8-53 retention, the date of the regular filing deadline for a
8-54 candidate's application for a place on the ballot;
8-55 (C) for a write-in candidate, the date of the
8-56 election at which the candidate's name is written in;
8-57 (D) for a party nominee who is nominated by any
8-58 method other than by primary election, the date the nomination is
8-59 made; and
8-60 (E) for an appointee to an office, the date the
8-61 appointment is made; and
8-62 (6) satisfy any other eligibility requirements
8-63 prescribed by law for the office.
8-64 SECTION 9. Subsection (b), Section 145.003, Election Code,
8-65 is amended to read as follows:
8-66 (b) A candidate in the general election for state and county
8-67 officers, including the nonpartisan judicial election, may be
8-68 declared ineligible before the 30th day preceding election day by:
8-69 (1) the party officer responsible for certifying the
8-70 candidate's name for placement on the general election ballot, in
9-1 the case of a candidate who is a political party's nominee; or
9-2 (2) the authority with whom the candidate's
9-3 application for a place on the ballot or declaration of candidacy
9-4 is required to be filed, in the case of an independent candidate or
9-5 a nonpartisan judicial candidate, as applicable.
9-6 SECTION 10. Subsection (a), Section 145.005, Election Code,
9-7 is amended to read as follows:
9-8 (a) If the name of a deceased or ineligible candidate
9-9 appears on the ballot <under this chapter>, the votes cast for the
9-10 candidate shall be counted and entered on the official election
9-11 returns in the same manner as for the other candidates.
9-12 SECTION 11. Section 146.021, Election Code, is amended to
9-13 read as follows:
9-14 Sec. 146.021. Applicability of Subchapter. This subchapter
9-15 applies to a write-in candidate for an office that is to be voted
9-16 on at the general election for state and county officers, including
9-17 the nonpartisan judicial election.
9-18 SECTION 12. Subsections (c) and (e), Section 172.021,
9-19 Election Code, are amended to read as follows:
9-20 (c) An application filed by mail is considered to be filed
9-21 at the time of its receipt by the appropriate authority.
9-22 (e) A candidate for an office specified by Section
9-23 172.024(a)(8)<, (10), or (12)>, or for justice of the peace in a
9-24 county with a population of more than one million <850,000>, who
9-25 chooses to pay the filing fee must also accompany the application
9-26 with a petition that complies with the requirements prescribed for
9-27 the petition authorized by Subsection (b), except that the minimum
9-28 number of signatures that must appear on the petition required by
9-29 this subsection is 250. If the candidate chooses to file the
9-30 petition authorized by Subsection (b) instead of the filing fee,
9-31 the minimum number of signatures required for that petition is
9-32 increased by 250. Signatures on a petition filed under this
9-33 subsection or Subsection (b) by a candidate covered by this
9-34 subsection may not be obtained on the grounds of a county
9-35 courthouse or courthouse annex.
9-36 SECTION 13. Subsection (a), Section 172.024, Election Code,
9-37 is amended to read as follows:
9-38 (a) The filing fee for a candidate for nomination in the
9-39 general primary election is as follows:
9-40 (1) United States senator ...................... $4,000
9-41 (2) office elected statewide, except United
9-42 States senator ............................ 3,000
9-43 (3) United States representative ................ 2,500
9-44 (4) state senator ............................... 1,000
9-45 (5) state representative .......................... 600
9-46 (6) member, State Board of Education .............. 250
9-47 (7) <chief justice or justice, court of
9-48 appeals, other than a justice specified
9-49 by Subdivision (8) ........................ 1,500>
9-50 <(8) chief justice or justice of a court of
9-51 appeals that serves a court of appeals
9-52 district in which a county with a
9-53 population of more than 850,000 is
9-54 wholly or partly situated ................. 2,000>
9-55 <(9) district judge or judge specified by
9-56 Section 52.092(d) for which this
9-57 schedule does not otherwise prescribe a
9-58 fee ....................................... 1,200>
9-59 <(10) district or criminal district judge of a
9-60 court in a judicial district wholly
9-61 contained in a county with a population
9-62 of more than 850,000 ...................... 2,000>
9-63 <(11)> judge, statutory county court, other
9-64 than a judge specified by Subdivision
9-65 (8) <(12)> ................................ 1,200
9-66 (8) <(12)> judge of a statutory county court
9-67 in a county with a population of more
9-68 than one million <850,000> ................ 2,000
9-69 (9) <(13)> district attorney, criminal
9-70 district attorney, or county attorney
10-1 performing the duties of a district
10-2 attorney .................................. 1,000
10-3 (10) <(14)> county commissioner or judge,
10-4 constitutional county court:
10-5 (A) county with a population of 200,000
10-6 or more .............................. 1,000
10-7 (B) county with a population of under
10-8 200,000 ................................ 600
10-9 (11) <(15)> justice of the peace or constable:
10-10 (A) county with a population of 200,000
10-11 or more ................................ 800
10-12 (B) county with a population of under
10-13 200,000 ................................ 300
10-14 (12) <(16)> county surveyor, inspector of
10-15 hides and animals, or public weigher ......... 50
10-16 (13) <(17)> office of the county government
10-17 for which this schedule does not
10-18 otherwise prescribe a fee ................... 600
10-19 SECTION 14. Chapter 202, Election Code, is amended by
10-20 amending Section 202.002 and by adding Section 202.008 to read as
10-21 follows:
10-22 Sec. 202.002. Vacancy Filled at General Election. (a) If a
10-23 vacancy occurs on or before the 65th day before the date of the
10-24 general election for state and county officers, including the
10-25 nonpartisan judicial election, held in the next-to-last
10-26 even-numbered year of a term of office, the remainder of the
10-27 unexpired term or, for a nonpartisan judicial office, the four-year
10-28 term beginning on the next January 1 following the general election
10-29 shall be filled at the next general election for state and county
10-30 officers, as provided by this chapter.
10-31 (b) If a vacancy occurs after the 65th day before a general
10-32 election day, an election for the unexpired term, or for a
10-33 nonpartisan judicial office an election for a new four-year term,
10-34 may not be held at that general election. The appointment to fill
10-35 the vacancy continues until the next succeeding general election
10-36 and until a successor has been elected and has qualified for the
10-37 office.
10-38 Sec. 202.008. Filing Deadline For Application of Nonpartisan
10-39 Judicial Candidate. (a) If a vacancy in a nonpartisan judicial
10-40 office occurs on or before the 10th day before the date of the
10-41 regular deadline for filing an application for a place on the
10-42 nonpartisan judicial election ballot, an application for election
10-43 to the next four-year term must be filed by the regular filing
10-44 deadline.
10-45 (b) If the vacancy occurs after the 10th day before the date
10-46 of the regular filing deadline, an application for election to the
10-47 next four-year term must be filed not later than 5 p.m. of the 15th
10-48 day after the date the vacancy occurs or 5 p.m. of the 60th day
10-49 before election day, whichever is earlier.
10-50 SECTION 15. (a) A district judge in office on the effective
10-51 date of this Act, unless otherwise removed as provided by law, is
10-52 entitled to continue in office for the term to which elected as
10-53 provided by this section.
10-54 (b) Terms of district judges elected to full terms in the
10-55 general election in 1992 expire January 1, 1997. Terms of district
10-56 judges elected to full terms in the general election in 1994 expire
10-57 January 1, 1999.
10-58 (c) The first nonpartisan judicial election shall be the
10-59 election in November, 1996. For the purpose of initiating the
10-60 election and retention cycle required by Section 24.0016,
10-61 Government Code, as added by this Act, district judges elected to
10-62 office and holding office for the terms provided by Subsection (b)
10-63 of this section stand for reelection or retention in accordance
10-64 with this subsection. In the last year of the term provided by
10-65 Subsection (b) of this section, and at each applicable subsequent
10-66 nonpartisan judicial election, the judge is subject to retention or
10-67 rejection unless at the end of that term the judge will have served
10-68 12 or more consecutive years in the office of district judge of
10-69 that court. At the end of the term during which the judge has
10-70 served 12 consecutive years in the office of district judge of a
11-1 court, the office is filled by election from the judicial district
11-2 or commissioners court precinct, as applicable. If the judge is
11-3 reelected, the term is considered the first term to which the judge
11-4 has been elected for purposes of Section 24.0016, Government Code,
11-5 as added by this Act, and in accordance with that section at the
11-6 end of that term and at the end of the immediately following
11-7 continuous term, the judge is subject to retention or rejection.
11-8 SECTION 16. (a) Each supreme court justice, court of
11-9 criminal appeals judge, and court of appeals justice in office
11-10 January 1, 1996, unless otherwise removed as provided by law,
11-11 continues in office for the term to which elected.
11-12 (b) Each supreme court justice, court of criminal appeals
11-13 judge, and court of appeals justice who is in office January 1,
11-14 1996, is subject to confirmation or rejection, in the manner
11-15 provided by law, at the general election preceding the expiration
11-16 of the regular or unexpired term for which each was elected or
11-17 appointed. A vacancy does not exist in those offices until the
11-18 expiration of the term of the person who held the office January 1,
11-19 1996, or until that person does not hold the office, whichever
11-20 occurs first.
11-21 SECTION 17. This Act takes effect only if the constitutional
11-22 amendment proposed by the 74th Legislature, Regular Session, 1995,
11-23 relating to the appointment of appellate justices and judges by the
11-24 governor and retention or rejection of those justices and judges,
11-25 to the nonpartisan election and retention or rejection of district
11-26 judges, to the election of district judges in certain counties from
11-27 commissioners court precincts, and to the alteration of the terms
11-28 of certain judicial offices is adopted. If the amendment is
11-29 adopted, this Act takes effect January 1, 1996.
11-30 SECTION 18. The importance of this legislation and the
11-31 crowded condition of the calendars in both houses create an
11-32 emergency and an imperative public necessity that the
11-33 constitutional rule requiring bills to be read on three several
11-34 days in each house be suspended, and this rule is hereby suspended.
11-35 * * * * *