By: Gallegos S.B. No. 1570
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the appointment of appellate justices and judges, to
1-2 the nonpartisan election of district judges, to the retention or
1-3 rejection of district and appellate judges, and to the creation of
1-4 certain judicial districts.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Chapter 22, Government Code, is amended by adding
1-7 Subchapter E to read as follows:
1-8 SUBCHAPTER E. APPOINTMENT AND RETENTION OF CERTAIN
1-9 JUDICIAL OFFICERS
1-10 Sec. 22.401. SUBJECT TO RETENTION ELECTION. (a) A justice
1-11 or judge is subject to retention or rejection in accordance with
1-12 Chapter 292, Election Code, at the last general election for state
1-13 and county officers to be held before the date the justice's or
1-14 judge's term expires.
1-15 (b) If a justice or judge does not seek retention, or
1-16 withdraws from the retention election, as provided by Chapter 292,
1-17 Election Code, the vacancy existing at the beginning of the
1-18 succeeding term shall be filled in the regular manner.
1-19 (c) If a vacancy occurs in the office of a justice or judge
1-20 seeking retention and the justice's or judge's name is omitted from
1-21 the retention election ballot under Chapter 292, Election Code, the
1-22 vacancy shall be filled in the regular manner.
1-23 Sec. 22.402. EFFECT OF RETENTION VOTE. (a) If a majority
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 STATE REPRESENTATIVE DISTRICTS
2-19 AND COMMISSIONERS COURT PRECINCTS IN CERTAIN POPULOUS COUNTIES.
2-20 (a) The judges of the judicial districts composed entirely of a
2-21 county with a population of 2.5 million or more shall be elected
2-22 from state representative districts. The judges of the judicial
2-23 districts composed entirely of a county with a population of one
2-24 million or more but less than 2.5 million shall be elected from
2-25 commissioners court precincts.
3-1 (b) The secretary of state shall supervise the drawing of
3-2 lots to determine the number of the state representative district
3-3 or the number of the commissioners court precinct, as applicable,
3-4 from which each of the district judges is elected. An equal number
3-5 of district judges shall be elected from each state representative
3-6 district or each commissioners court precinct in a county.
3-7 Sec. 24.0016. ELECTION AND RETENTION CYCLE. (a) Except in
3-8 the case of a vacancy filled by appointment and in the case of an
3-9 incumbent judge seeking to be retained in office, the office of the
3-10 district judge is filled by election at the nonpartisan judicial
3-11 election in accordance with Chapter 291, Election Code.
3-12 (b) At the end of a term of office to which a district judge
3-13 is elected, and at the end of the immediately following continuous
3-14 term in that office, the judge is subject to retention or rejection
3-15 by the voters of the judicial district in accordance with Chapter
3-16 292, Election Code.
3-17 (c) At the end of a second continuous term in which a judge
3-18 has been retained in office, the office is filled by election.
3-19 (d) For a judge seeking retention, including a judge elected
3-20 from a state representative district or a commissioners court
3-21 precinct, the qualified voters of the entire judicial district are
3-22 entitled to vote on the issue of retention or rejection.
3-23 (e) If a judge subject to retention or rejection does not
3-24 seek retention as provided by Chapter 292, Election Code, or the
3-25 name of a judge seeking retention is omitted from the retention
4-1 election ballot under that chapter, the succeeding term shall be
4-2 filled at the subsequent nonpartisan judicial election in
4-3 accordance with Chapter 291, Election Code.
4-4 Sec. 24.0017. EFFECT OF RETENTION VOTE. (a) If a majority
4-5 of the votes received on the question are for the retention of the
4-6 judge, the person is entitled to remain in office for a regular
4-7 term of four years beginning on the first day of the following
4-8 January, unless the person becomes ineligible or is removed as
4-9 provided by law.
4-10 (b) If less than a majority of the votes received on the
4-11 question are for retention, a vacancy in the office exists on the
4-12 first day of the following January, and the vacancy shall be filled
4-13 in the regular manner.
4-14 (c) If the name of a deceased or ineligible judge who sought
4-15 retention appears on the retention election ballot under Chapter
4-16 292, Election Code, the retention election for that office has no
4-17 effect and the vacancy existing at the beginning of the succeeding
4-18 term shall be filled in the regular manner.
4-19 SECTION 3. Subchapter C, Chapter 24, Government Code, is
4-20 amended by adding Sections 24.523-24.529 and Section 24.531 to read
4-21 as follows:
4-22 Sec. 24.523. 378TH JUDICIAL DISTRICT (BEXAR COUNTY). The
4-23 378th Judicial District is composed of Bexar County.
4-24 Sec. 24.524. 379TH JUDICIAL DISTRICT (DALLAS COUNTY). The
4-25 379th Judicial District is composed of Dallas County.
5-1 Sec. 24.525. 380TH JUDICIAL DISTRICT (DALLAS COUNTY). The
5-2 380th Judicial District is composed of Dallas County.
5-3 Sec. 24.526. 381ST JUDICIAL DISTRICT (DALLAS COUNTY). The
5-4 381st Judicial District is composed of Dallas County.
5-5 Sec. 24.527. 382ND JUDICIAL DISTRICT (HARRIS COUNTY). The
5-6 382nd Judicial District is composed of Harris County.
5-7 Sec. 24.528. 383RD JUDICIAL DISTRICT (TARRANT COUNTY). The
5-8 383rd Judicial District is composed of Tarrant County.
5-9 Sec. 24.529. 384TH JUDICIAL DISTRICT (TARRANT COUNTY). The
5-10 384th Judicial District is composed of Tarrant County.
5-11 Sec. 24.531. 386TH JUDICIAL DISTRICT (TARRANT COUNTY). The
5-12 386th Judicial District is composed of Tarrant County.
5-13 SECTION 4. Section 41.002, Election Code, is amended to read
5-14 as follows:
5-15 Sec. 41.002. GENERAL ELECTION FOR STATE AND COUNTY OFFICERS.
5-16 The general election for state and county officers, including the
5-17 nonpartisan judicial election, shall be held on the first Tuesday
5-18 after the first Monday in November in even-numbered years.
5-19 SECTION 5. The Election Code is amended by adding Title 17
5-20 to read as follows:
5-21 TITLE 17. NONPARTISAN JUDICIAL ELECTIONS
5-22 CHAPTER 291. NONPARTISAN JUDICIAL ELECTION
5-23 SUBCHAPTER A. NONPARTISAN ELECTION OF JUDGES GENERALLY
5-24 Sec. 291.001. APPLICABILITY OF CHAPTER. This chapter applies
5-25 only to a judicial office required to be elected at the nonpartisan
6-1 judicial election.
6-2 Sec. 291.002. PARTY NOMINATION PROHIBITED. Nomination for a
6-3 nonpartisan judicial office by a political party is prohibited.
6-4 Sec. 291.003. Applicability of Other Parts of Code. The
6-5 other titles of this code apply to a nonpartisan judicial election
6-6 except provisions that are inconsistent with this title or that
6-7 cannot feasibly be applied in a nonpartisan judicial election.
6-8 Sec. 291.004. Additional Procedures. The secretary of state
6-9 shall prescribe any additional procedures necessary for the orderly
6-10 and proper administration of elections held under this chapter.
6-11 (Sections 291.005-291.020 reserved for expansion
6-12 SUBCHAPTER B. APPLICATION FOR PLACE ON BALLOT
6-13 Sec. 291.021. Application Required. (a) To be entitled to
6-14 a place on the nonpartisan judicial election ballot, a candidate
6-15 must make an application for a place on the ballot.
6-16 (b) An application must, in addition to complying with
6-17 Section 141.031, be accompanied by the appropriate filing fee or,
6-18 instead of the filing fee, a petition that satisfies the
6-19 requirements prescribed by Section 141.062.
6-20 (c) An application filed by mail is considered to be filed
6-21 at the time of its receipt by the appropriate authority.
6-22 (d) A candidate for an office specified by Section
6-23 291.024(a)(2) who chooses to pay the filing fee must also accompany
6-24 the application with a petition that complies with the requirements
6-25 prescribed for the petition authorized by Subsection (b), except
7-1 that the minimum number of signatures that must appear on the
7-2 petition required by this subsection is 250. If the candidate
7-3 chooses to file the petition authorized by Subsection (b) instead
7-4 of the filing fee, the minimum number of signatures required for
7-5 that petition is increased by 250. Signatures on a petition filed
7-6 under this subsection or Subsection (b) by a candidate covered by
7-7 this subsection may not be obtained on the grounds of a county
7-8 courthouse or courthouse annex.
7-9 Sec. 291.022. Authority With Whom Application Filed. An
7-10 application for a place on the nonpartisan judicial election ballot
7-11 must be filed with the secretary of state.
7-12 Sec. 291.023. Regular Filing Deadline. (a) An application
7-13 for a place on the nonpartisan judicial election ballot must be
7-14 filed not later than 5 p.m. of the 70th day before election day,
7-15 except as provided by Sections 291.053 and 202.008.
7-16 (b) An application may not be filed earlier than the 30th
7-17 day before the date of the regular filing deadline.
7-18 Sec. 291.024. Filing Fee. (a) The filing fee for a
7-19 nonpartisan judicial candidate is as follows:
7-20 (1) district judge, criminal district judge, or
7-21 family district judge, other than a judge specified by
7-22 Subdivision (2) ........................................... $1,200
7-23 (2) district or criminal district judge of a court in
7-24 a judicial district wholly contained in a county with a population
7-25 of more than one million .................................. $2,000
8-1 (b) A filing fee received by the secretary of state shall be
8-2 deposited in the state treasury to the credit of the general
8-3 revenue fund.
8-4 Sec. 291.025. Number of Petition Signatures Required. The
8-5 minimum number of signatures that must appear on the petition
8-6 authorized by Section 291.021 is the lesser of:
8-7 (1) 500; or
8-8 (2) two percent of the total vote received in the
8-9 district by all the candidates for governor in the most recent
8-10 gubernatorial general election.
8-11 Sec. 291.026. Statement on Petition. The following
8-12 statement must appear at the top of each page of a petition to be
8-13 filed under Section 291.021: "I know that the purpose of this
8-14 petition is to entitle (insert candidate's name) to have his name
8-15 placed on the ballot for the office of (insert office title,
8-16 including any place number or other distinguishing number) for the
8-17 nonpartisan judicial election."
8-18 Sec. 291.027. Certification of Names for Placement on
8-19 Nonpartisan Judicial Election Ballot. (a) Except as provided by
8-20 Subsection (c), the secretary of state shall certify in writing for
8-21 placement on the nonpartisan judicial election ballot the name of
8-22 each candidate who files with the secretary an application that
8-23 complies with Section 291.021(b).
8-24 (b) Not later than the 55th day before election day, the
8-25 secretary of state shall deliver the certification to the authority
9-1 responsible for having the official ballot prepared in each county
9-2 in which the candidate's name is to appear on the ballot.
9-3 (c) A candidate's name may not be certified:
9-4 (1) if, before delivering the certification, the
9-5 secretary of state learns that the name is to be omitted from the
9-6 ballot under Section 291.054; or
9-7 (2) for an office for which the candidate's
9-8 application is invalid under Section 141.033.
9-9 (Sections 291.028-291.050 reserved for expansion
9-10 SUBCHAPTER C. WITHDRAWAL, DEATH, AND INELIGIBILITY
9-11 OF CANDIDATE
9-12 Sec. 291.051. Withdrawal, Death, or Ineligibility Generally.
9-13 With respect to withdrawal, death, or ineligibility of a candidate
9-14 in a nonpartisan judicial election, this subchapter supersedes
9-15 Subchapter A, Chapter 145, to the extent of any conflict.
9-16 Sec. 291.052. Withdrawal From Nonpartisan Judicial Election.
9-17 (a) A candidate may not withdraw from the nonpartisan judicial
9-18 election after the 65th day before election day.
9-19 (b) A withdrawal request must be filed with the authority
9-20 with whom the withdrawing candidate's application for a place on
9-21 the ballot is required to be filed.
9-22 Sec. 291.053. Extended Filing Deadline. (a) The deadline
9-23 for filing an application for a place on the nonpartisan judicial
9-24 election ballot is extended as provided by this section if a
9-25 candidate who has made an application that complies with the
10-1 applicable requirements:
10-2 (1) dies on or after the fifth day before the date of
10-3 the regular filing deadline and on or before the 65th day before
10-4 election day;
10-5 (2) holds the office for which the application was
10-6 made and withdraws or is declared ineligible on or after the date
10-7 of the regular filing deadline and on or before the 65th day before
10-8 election day; or
10-9 (3) withdraws or is declared ineligible during the
10-10 period prescribed by Subdivision (2), and at the time of the
10-11 withdrawal or declaration of ineligibility no other candidate has
10-12 made an application that complies with the applicable requirements
10-13 for the office sought by the withdrawn or ineligible candidate.
10-14 (b) The filing deadline is also extended if a candidate for
10-15 retention who has made a declaration of candidacy that complies
10-16 with Section 292.001 dies, withdraws, or is declared ineligible on
10-17 or after the fifth day before the date of the regular filing
10-18 deadline for applications and on or before the 65th day before
10-19 election day.
10-20 (c) An application for an office sought by a withdrawn,
10-21 deceased, or ineligible candidate must be filed not later than
10-22 5 p.m. of the 60th day before election day.
10-23 (d) If the deadline for filing applications is extended,
10-24 notice of the extended filing shall be given in the same manner as
10-25 provided for a primary election.
11-1 Sec. 291.054. Withdrawn, Deceased, or Ineligible Candidate's
11-2 Name Omitted From Ballot. A candidate's name shall be omitted from
11-3 the nonpartisan judicial election ballot if the candidate
11-4 withdraws, dies, or is declared ineligible on or before the 65th
11-5 day before election day.
11-6 Sec. 291.055. Deceased or Ineligible Candidate's Name to
11-7 Appear on Ballot. If a candidate who has made an application for a
11-8 place on the nonpartisan judicial election ballot that complies
11-9 with the applicable requirements dies or is declared ineligible
11-10 after the 65th day before election day, the candidate's name shall
11-11 be placed on the ballot.
11-12 (Sections 291.056-291.070 reserved for expansion
11-13 SUBCHAPTER D. CONDUCT OF ELECTION
11-14 Sec. 291.071. Nonpartisan Judicial Election Ballot. The
11-15 nonpartisan judicial offices and candidates shall be listed as a
11-16 separate ballot on the general election ballot following the
11-17 partisan offices under the heading "Election For Nonpartisan
11-18 Judicial Offices."
11-19 Sec. 291.072. General Procedure for Conduct of Nonpartisan
11-20 Judicial Election. Except as otherwise provided by this code, the
11-21 nonpartisan judicial election shall be conducted and the results
11-22 canvassed, tabulated, and reported in the manner applicable to
11-23 partisan offices in the general election for state and county
11-24 officers.
11-25 CHAPTER 292. RETENTION ELECTION
12-1 Sec. 292.001. Declaration of Candidacy. (a) Not later than
12-2 5 p.m. on June 1 preceding the nonpartisan judicial election at
12-3 which the justice or judge is subject to retention or rejection, a
12-4 justice or judge who seeks to continue to serve in that office must
12-5 file with the secretary of state a declaration of candidacy to
12-6 succeed to the next term.
12-7 (b) A declaration may not be filed earlier than the 30th day
12-8 before the date of the filing deadline. A declaration filed by
12-9 mail is considered to be filed at the time of its receipt by the
12-10 appropriate authority.
12-11 (c) The filling of the office for which a declaration of
12-12 candidacy is not filed is covered by Chapter 22 or 24, Government
12-13 Code, as applicable.
12-14 Sec. 292.002. Withdrawal, Death, or Ineligibility.
12-15 (a) With respect to withdrawal, death, or ineligibility of a
12-16 candidate in a retention election, this section supersedes
12-17 Subchapter A, Chapter 145, to the extent of any conflict.
12-18 (b) A candidate may not withdraw from the retention election
12-19 after the 65th day before election day.
12-20 (c) A withdrawal request must be filed with the authority
12-21 with whom the withdrawing candidate's declaration of candidacy is
12-22 required to be filed.
12-23 (d) A candidate's name shall be omitted from the retention
12-24 election ballot if the candidate withdraws, dies, or is declared
12-25 ineligible on or before the 65th day before election day.
13-1 (e) If a candidate who has made a declaration of candidacy
13-2 that complies with the applicable requirements dies or is declared
13-3 ineligible after the 65th day before election day, the candidate's
13-4 name shall be placed on the retention election ballot.
13-5 (f) The filling of the office following implementation of
13-6 Subsection (d) or (e) is covered by Chapter 22 or 24, Government
13-7 Code, as applicable.
13-8 Sec. 292.003. Certification of Names for Placement on
13-9 Retention Election Ballot. (a) Except as provided by Subsection
13-10 (c), the secretary of state shall certify in writing for placement
13-11 on the retention election ballot the name of each candidate who
13-12 files with the secretary a declaration of candidacy that complies
13-13 with Section 292.001.
13-14 (b) Not later than the 55th day before election day, the
13-15 secretary of state shall deliver the certification to the authority
13-16 responsible for having the official ballot prepared in each county
13-17 in which the candidate's name is to appear on the ballot.
13-18 (c) A candidate's name may not be certified if, before
13-19 delivering the certification, the secretary of state learns that
13-20 the name is to be omitted from the ballot under Section 292.002.
13-21 Sec. 292.004. Retention Election Ballot. The name of the
13-22 person subject to retention or rejection shall be submitted to the
13-23 voters on the nonpartisan judicial election ballot following the
13-24 offices subject to election under the heading "Retention of
13-25 Nonpartisan Judicial Offices," in substantially the following form:
14-1 "Shall (Justice or Judge)__________________________
14-2 ___________________________________________________
14-3 be retained in office as (justice or judge) of the
14-4 (name of court)__________________________________?"
14-5 ____"Yes"
14-6 ____"No"
14-7 Sec. 292.005. General Procedure for Conduct of Retention
14-8 Election. (a) Except as otherwise provided by this code, the
14-9 retention election shall be conducted and the results canvassed,
14-10 tabulated, and reported in the manner applicable to partisan
14-11 offices in the general election for state and county officers.
14-12 (b) A certificate of election shall be issued to a retained
14-13 officer in the same manner as provided for a candidate elected to
14-14 the office.
14-15 Sec. 292.006. WRITE-IN VOTING PROHIBITED. Write-in voting
14-16 is not permitted in a retention election.
14-17 Sec. 292.007. Political Contributions and Expenditures. A
14-18 candidate for retention of a judicial office is subject to Title 15
14-19 and shall comply with that title in the same manner as a candidate
14-20 for election to the office.
14-21 Sec. 292.008. Applicability of Other Parts of Code. The
14-22 other titles of this code apply to a retention election under this
14-23 chapter except provisions that are inconsistent with this title or
14-24 that cannot feasibly be applied in a retention election.
14-25 Sec. 292.009. Additional Procedures. The secretary of state
15-1 shall prescribe any additional procedures necessary for the orderly
15-2 and proper administration of elections held under this chapter.
15-3 CHAPTER 293. VOTER INFORMATION PAMPHLET
15-4 Sec. 293.001. APPLICABILITY OF CHAPTER. This chapter applies
15-5 to each candidate whose name is to appear on the ballot or a list
15-6 of declared write-in candidates in the nonpartisan judicial
15-7 election.
15-8 Sec. 293.002. STATEMENT FILED BY CANDIDATE. Not later than
15-9 the 70th day before the date of the nonpartisan judicial election,
15-10 a candidate may file with the secretary of state an informational
15-11 statement, on a form prescribed by the secretary, to be included in
15-12 the voter information pamphlet for that election.
15-13 Sec. 293.003. STATEMENT REQUIREMENTS. (a) A candidate's
15-14 statement must include a summary of the following information:
15-15 (1) current occupation;
15-16 (2) educational and occupational background;
15-17 (3) biographical information; and
15-18 (4) any previous experience serving in government.
15-19 (b) The secretary of state shall prescribe the format and
15-20 length of the candidate's statement.
15-21 Sec. 293.004. REVIEW BY SECRETARY OF STATE. (a) Not later
15-22 than the fifth day after the date the candidate's statement is
15-23 received, the secretary of state shall review the statement to
15-24 determine whether it complies with this chapter.
15-25 (b) If the secretary of state determines that the statement
16-1 does not comply with the applicable requirements, the secretary
16-2 shall reject the statement and deliver written notice of the reason
16-3 for the rejection to the candidate not later than the second day
16-4 after the date of rejection.
16-5 (c) A candidate whose statement is rejected may resubmit the
16-6 statement subject to the prescribed deadline.
16-7 Sec. 293.005. PREPARATION OF PAMPHLET. (a) The secretary
16-8 of state shall contract for the preparation and printing of the
16-9 voter information pamphlet after soliciting bids for that work.
16-10 The secretary may prepare or print the pamphlet if the secretary
16-11 determines that the costs of that preparation or printing are less
16-12 than or equal to the most reasonable bid submitted.
16-13 (b) The pamphlet must include the candidates' statements
16-14 that comply with this chapter, with candidates for election,
16-15 write-in candidates for election, and candidates for retention as
16-16 separate groups. The order of the candidates' names within the
16-17 groups is determined by a drawing conducted by the secretary of
16-18 state.
16-19 (c) To the extent practicable, the pamphlets shall be
16-20 prepared so that they contain only candidates for offices on which
16-21 the voters receiving them will be eligible to vote.
16-22 (d) The secretary of state shall prescribe appropriate
16-23 explanatory material to be included in the pamphlet to assist the
16-24 voters, including a statement that the pamphlet may be used at the
16-25 polls to assist the voters in marking their ballots.
17-1 Sec. 293.006. DISTRIBUTION OF PAMPHLET. Not later than the
17-2 45th day before the date of each nonpartisan judicial election, the
17-3 secretary of state shall mail the appropriate voter information
17-4 pamphlet to each household in this state in which a registered
17-5 voter resides.
17-6 Sec. 293.007. ADDITIONAL PROCEDURES PRESCRIBED BY SECRETARY
17-7 OF STATE. The secretary of state shall prescribe any additional
17-8 procedures necessary to implement this chapter.
17-9 SECTION 6. Section 1.005, Election Code, is amended by
17-10 amending Subdivision (9) and by adding Subdivisions (25) and (26)
17-11 to read as follows:
17-12 (9) "Independent candidate" means a candidate in a
17-13 nonpartisan election or a candidate in a partisan election who is
17-14 not the nominee of a political party. The term does not include a
17-15 nonpartisan judicial candidate.
17-16 (25) "Nonpartisan judicial election" means an election
17-17 held under Title 17.
17-18 (26) "Nonpartisan judicial candidate" means a
17-19 candidate in a nonpartisan judicial election.
17-20 SECTION 7. Section 52.092, Election Code, is amended to read
17-21 as follows:
17-22 Sec. 52.092. Offices Regularly Filled at General Election
17-23 for State and County Officers. (a) For an election at which
17-24 offices regularly filled at the general election for state and
17-25 county officers, including the nonpartisan judicial election, are
18-1 to appear on the ballot, the offices shall be listed in the
18-2 following order:
18-3 (1) offices of the federal government;
18-4 (2) offices of the state government:
18-5 (A) statewide offices;
18-6 (B) district offices;
18-7 (3) offices of the county government:
18-8 (A) county offices;
18-9 (B) precinct offices.
18-10 (b) Offices of the federal government shall be listed in the
18-11 following order:
18-12 (1) president and vice-president of the United States;
18-13 (2) United States senator;
18-14 (3) United States representative.
18-15 (c) Statewide offices of the state government shall be
18-16 listed in the following order:
18-17 (1) governor;
18-18 (2) lieutenant governor;
18-19 (3) attorney general;
18-20 (4) comptroller of public accounts;
18-21 (5) state treasurer;
18-22 (6) commissioner of the General Land Office;
18-23 (7) commissioner of agriculture;
18-24 (8) railroad commissioner<;>
18-25 <(9) chief justice, supreme court;>
19-1 <(10) justice, supreme court;>
19-2 <(11) presiding judge, court of criminal appeals;>
19-3 <(12) judge, court of criminal appeals>.
19-4 (d) District offices of the state government shall be listed
19-5 in the following order:
19-6 (1) member, State Board of Education;
19-7 (2) state senator;
19-8 (3) state representative;
19-9 <(4) chief justice, court of appeals;>
19-10 <(5) justice, court of appeals;>
19-11 <(6) district judge;>
19-12 <(7) criminal district judge;>
19-13 <(8) family district judge;>
19-14 (4) <(9)> district attorney;
19-15 (5) <(10)> criminal district attorney.
19-16 (e) County offices shall be listed in the following order:
19-17 (1) county judge;
19-18 (2) judge, county court at law;
19-19 (3) judge, county criminal court;
19-20 (4) judge, county probate court;
19-21 (5) county attorney;
19-22 (6) district clerk;
19-23 (7) district and county clerk;
19-24 (8) county clerk;
19-25 (9) sheriff;
20-1 (10) sheriff and tax assessor-collector;
20-2 (11) county tax assessor-collector;
20-3 (12) county treasurer;
20-4 (13) county school trustee (county with population of
20-5 two million or more);
20-6 (14) county surveyor;
20-7 (15) inspector of hides and animals.
20-8 (f) Precinct offices shall be listed in the following order:
20-9 (1) county commissioner;
20-10 (2) justice of the peace;
20-11 (3) constable;
20-12 (4) public weigher.
20-13 (g) The nonpartisan judicial offices shall be listed in the
20-14 following order:
20-15 (1) chief justice, supreme court;
20-16 (2) justice, supreme court;
20-17 (3) presiding judge, court of criminal appeals;
20-18 (4) judge, court of criminal appeals;
20-19 (5) chief justice, court of appeals;
20-20 (6) justice, court of appeals;
20-21 (7) district judge;
20-22 (8) criminal district judge;
20-23 (9) family district judge.
20-24 (h) <(g)> If two or more offices having the same title
20-25 except for a place number or other distinguishing number are to
21-1 appear on the ballot, the number shall appear as part of the office
21-2 title and the offices shall be listed in numerical order.
21-3 (i) <(h)> The secretary of state shall assign a place number
21-4 to each position for which a retention <to be filled at the
21-5 general> election is to be held for <state and county officers for
21-6 each full or unexpired term in> the following offices:
21-7 (1) justice, supreme court;
21-8 (2) judge, court of criminal appeals; and
21-9 (3) justice, court of appeals in a court having a
21-10 membership in excess of three, if distinguishing the positions to
21-11 be filled is necessary.
21-12 (j) <(i)> The secretary of state shall designate the
21-13 position of new offices on the ballot.
21-14 (k) <(j)> The office of judge of a multicounty statutory
21-15 county court created under Subchapter D, Chapter 25, Government
21-16 Code, is considered to be a county office for purposes of listing
21-17 the office on the ballot and to be a district office for all other
21-18 purposes under this code.
21-19 SECTION 8. Section 141.001(a), Election Code, is amended to
21-20 read as follows:
21-21 (a) To be eligible to be a candidate for, or elected or
21-22 appointed to, a public elective office in this state, a person
21-23 must:
21-24 (1) be a United States citizen;
21-25 (2) be 18 years of age or older on the first day of
22-1 the term to be filled at the election or on the date of
22-2 appointment, as applicable;
22-3 (3) have not been determined mentally incompetent by a
22-4 final judgment of a court;
22-5 (4) have not been finally convicted of a felony from
22-6 which the person has not been pardoned or otherwise released from
22-7 the resulting disabilities;
22-8 (5) have resided continuously in the state for 12
22-9 months and in the territory from which the office is elected for
22-10 six months immediately preceding the following date:
22-11 (A) for a candidate whose name is to appear on a
22-12 general primary election ballot, the date of the regular filing
22-13 deadline for a candidate's application for a place on the ballot;
22-14 (B) for an independent candidate or a
22-15 nonpartisan judicial candidate, other than a candidate for
22-16 retention, the date of the regular filing deadline for a
22-17 candidate's application for a place on the ballot;
22-18 (C) for a write-in candidate, the date of the
22-19 election at which the candidate's name is written in;
22-20 (D) for a party nominee who is nominated by any
22-21 method other than by primary election, the date the nomination is
22-22 made; and
22-23 (E) for an appointee to an office, the date the
22-24 appointment is made; and
22-25 (6) satisfy any other eligibility requirements
23-1 prescribed by law for the office.
23-2 SECTION 9. Section 145.003(b), Election Code, is amended to
23-3 read as follows:
23-4 (b) A candidate in the general election for state and county
23-5 officers, including the nonpartisan judicial election, may be
23-6 declared ineligible before the 30th day preceding election day by:
23-7 (1) the party officer responsible for certifying the
23-8 candidate's name for placement on the general election ballot, in
23-9 the case of a candidate who is a political party's nominee; or
23-10 (2) the authority with whom the candidate's
23-11 application for a place on the ballot or declaration of candidacy
23-12 is required to be filed, in the case of an independent candidate or
23-13 a nonpartisan judicial candidate, as applicable.
23-14 SECTION 10. Section 145.005(a), Election Code, is amended to
23-15 read as follows:
23-16 (a) If the name of a deceased or ineligible candidate
23-17 appears on the ballot <under this chapter>, the votes cast for the
23-18 candidate shall be counted and entered on the official election
23-19 returns in the same manner as for the other candidates.
23-20 SECTION 11. Section 146.021, Election Code, is amended to
23-21 read as follows:
23-22 Sec. 146.021. Applicability of Subchapter. This subchapter
23-23 applies to a write-in candidate for an office that is to be voted
23-24 on at the general election for state and county officers, including
23-25 the nonpartisan judicial election.
24-1 SECTION 12. Sections 172.021(c) and (e), Election Code, are
24-2 amended to read as follows:
24-3 (c) An application filed by mail is considered to be filed
24-4 at the time of its receipt by the appropriate authority.
24-5 (e) A candidate for an office specified by Section
24-6 172.024(a)(8) <, (10), or (12)>, or for justice of the peace in a
24-7 county with a population of more than one million <850,000>, who
24-8 chooses to pay the filing fee must also accompany the application
24-9 with a petition that complies with the requirements prescribed for
24-10 the petition authorized by Subsection (b), except that the minimum
24-11 number of signatures that must appear on the petition required by
24-12 this subsection is 250. If the candidate chooses to file the
24-13 petition authorized by Subsection (b) instead of the filing fee,
24-14 the minimum number of signatures required for that petition is
24-15 increased by 250. Signatures on a petition filed under this
24-16 subsection or Subsection (b) by a candidate covered by this
24-17 subsection may not be obtained on the grounds of a county
24-18 courthouse or courthouse annex.
24-19 SECTION 13. Section 172.024(a), Election Code, is amended to
24-20 read as follows:
24-21 (a) The filing fee for a candidate for nomination in the
24-22 general primary election is as follows:
24-23 (1) United States senator ..................... $4,000
24-24 (2) office elected statewide, except United States
24-25 senator .................................... 3,000
25-1 (3) United States representative ............... 2,500
25-2 (4) state senator .............................. 1,000
25-3 (5) state representative ......................... 600
25-4 (6) member, State Board of Education ............. 250
25-5 <(7) chief justice or justice, court of appeals, other
25-6 than a justice specified by Subdivision (8)
25-7 .......................................... 1,500>
25-8 <(8) chief justice or justice of a court of appeals
25-9 that serves a court of appeals district in which
25-10 a county with a population of more than 850,000
25-11 is wholly or partly situated ............. 2,000>
25-12 <(9) district judge or judge specified by Section
25-13 52.092(d) for which this schedule does not
25-14 otherwise prescribe a fee ................ 1,200>
25-15 <(10) district or criminal district judge of a court in
25-16 a judicial district wholly contained in a county
25-17 with a population of more than 850,000 .. 2,000>
25-18 (7) <(11)> judge, statutory county court, other than a
25-19 judge specified by Subdivision (8) <(12)>
25-20 .......................................... 1,200
25-21 (8) <(12)> judge of a statutory county court in a county
25-22 with a population of more than one million
25-23 <850,000> ................................ 2,000
25-24 (9) <(13)> district attorney, criminal district
25-25 attorney, or county attorney performing the duties
26-1 of a district attorney ..................... 1,000
26-2 (10) <(14)> county commissioner or judge,
26-3 constitutional county court:
26-4 (A) county with a population of 200,000
26-5 or more ............................... 1,000
26-6 (B) county with a population of under
26-7 200,000 ................................. 600
26-8 (11) <(15)> justice of the peace or constable:
26-9 (A) county with a population of 200,000
26-10 or more ................................. 800
26-11 (B) county with a population of under
26-12 200,000 ................................. 300
26-13 (12) <(16)> county surveyor, inspector of hides and
26-14 animals, or public weigher .................... 50
26-15 (13) <(17)> office of the county government for
26-16 which this schedule does not otherwise
26-17 prescribe a fee ............................. 600
26-18 SECTION 14. Chapter 202, Election Code, is amended by
26-19 amending Section 202.002 and by adding Section 202.008 to read as
26-20 follows:
26-21 Sec. 202.002. Vacancy Filled at General Election. (a) If a
26-22 vacancy occurs on or before the 65th day before the date of the
26-23 general election for state and county officers, including the
26-24 nonpartisan judicial election, held in the next-to-last
26-25 even-numbered year of a term of office, the remainder of the
27-1 unexpired term, or for a nonpartisan judicial office the four-year
27-2 term beginning on the next January 1 following the general
27-3 election, shall be filled at the next general election for state
27-4 and county officers, as provided by this chapter.
27-5 (b) If a vacancy occurs after the 65th day before a general
27-6 election day, an election for the unexpired term, or for a
27-7 nonpartisan judicial office an election for a new four-year term,
27-8 may not be held at that general election. The appointment to fill
27-9 the vacancy continues until the next succeeding general election
27-10 and until a successor has been elected and has qualified for the
27-11 office.
27-12 Sec. 202.008. Filing Deadline For Application of Nonpartisan
27-13 Judicial Candidate. (a) If a vacancy in a nonpartisan judicial
27-14 office occurs on or before the 10th day before the date of the
27-15 regular deadline for filing an application for a place on the
27-16 nonpartisan judicial election ballot, an application for election
27-17 to the next four-year term must be filed by the regular filing
27-18 deadline.
27-19 (b) If the vacancy occurs after the 10th day before the date
27-20 of the regular filing deadline, an application for election to the
27-21 next four-year term must be filed not later than 5 p.m. of the 15th
27-22 day after the date the vacancy occurs or 5 p.m. of the 60th day
27-23 before election day, whichever is earlier.
27-24 SECTION 15. (a) A district judge in office on the effective
27-25 date of this Act, unless otherwise removed as provided by law, is
28-1 entitled to continue in office for the term to which elected as
28-2 provided by this section.
28-3 (b) Terms of district judges elected to full terms in the
28-4 general election in 1992 expire January 1, 1997. Terms of district
28-5 judges elected to full terms in the general election in 1994 expire
28-6 January 1, 1999.
28-7 (c) The first nonpartisan judicial election shall be the
28-8 election in November 1996. For the purpose of initiating the
28-9 election and retention cycle required by Section 24.0016,
28-10 Government Code, as added by this Act, district judges elected to
28-11 office and holding office for the terms provided by Subsection (b)
28-12 of this section stand for reelection or retention in accordance
28-13 with this subsection. In the last year of the term provided by
28-14 Subsection (b) of this section, and at each applicable subsequent
28-15 nonpartisan judicial election, the judge is subject to retention or
28-16 rejection unless at the end of that term the judge will have served
28-17 12 or more consecutive years in the office of district judge of
28-18 that court. At the end of the term during which the judge has
28-19 served 12 consecutive years in the office of district judge of a
28-20 court, the office is filled by election from the judicial district
28-21 state representative district or commissioners court precinct, as
28-22 applicable. If the judge is reelected, the term is considered the
28-23 first term to which the judge has been elected for purposes of
28-24 Section 24.0016, Government Code, as added by this Act, and in
28-25 accordance with that section at the end of that term and at the end
29-1 of the immediately following continuous term, the judge is subject
29-2 to retention or rejection.
29-3 SECTION 16. (a) Each supreme court justice, court of
29-4 criminal appeals judge, and court of appeals justice in office
29-5 January 1, 1996, unless otherwise removed as provided by law,
29-6 continues in office for the term to which elected.
29-7 (b) Each supreme court justice, court of criminal appeals
29-8 judge, and court of appeals justice who is in office January 1,
29-9 1996, is subject to confirmation or rejection, in the manner
29-10 provided by law, at the general election preceding the expiration
29-11 of the regular or unexpired term for which each was elected or
29-12 appointed. A vacancy does not exist in those offices until the
29-13 expiration of the term of the person who held the office January 1,
29-14 1996, or until that person does not hold the office, whichever
29-15 occurs first.
29-16 SECTION 17. This Act takes effect only if the constitutional
29-17 amendment proposed by the 74th Legislature, Regular Session, 1995,
29-18 relating to the appointment of appellate justices and judges by the
29-19 governor and retention or rejection of those justices and judges,
29-20 to the nonpartisan election and retention or rejection of district
29-21 judges, to the election of district judges in certain counties from
29-22 state representative districts or commissioners court precincts,
29-23 and to the alteration of the terms of certain judicial offices is
29-24 adopted. If the same amendment is adopted, this Act takes effect
29-25 January 1, 1996.
30-1 SECTION 18. The importance of this legislation and the
30-2 crowded condition of the calendars in both houses create an
30-3 emergency and an imperative public necessity that the
30-4 constitutional rule requiring bills to be read on three several
30-5 days in each house be suspended, and this rule is hereby suspended.