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                               * * * * *