By Thompson                                           H.B. No. 1175

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the method of selection of certain justices and judges.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Section 41.002, Election Code, is amended to read

 1-5     as follows:

 1-6           Sec. 41.002.  GENERAL ELECTION FOR STATE AND COUNTY OFFICERS.

 1-7     (a)  The general election for state and county officers, including

 1-8     the general nonpartisan judicial election, shall be held on the

 1-9     first Tuesday after the first Monday in November in even-numbered

1-10     years.

1-11           (b)  Any runoff nonpartisan judicial election shall be held

1-12     on the first Tuesday after the first Monday in December following

1-13     the general election.

1-14           SECTION 2.  The Election Code is amended by adding Title 17

1-15     to read as follows:

1-16                 TITLE 17.  NONPARTISAN JUDICIAL  ELECTIONS

1-17                 CHAPTER 291.  NONPARTISAN JUDICIAL ELECTION

1-18           SUBCHAPTER A.  NONPARTISAN ELECTION OF JUDGES GENERALLY

1-19           Sec. 291.001.  APPLICABILITY OF CHAPTER.  An appellate

1-20     justice or judge is subject to nonpartisan election in accordance

1-21     with this chapter at the last general nonpartisan judicial election

1-22     to be held before the date the justice's or judge's term expires.

1-23           Sec. 291.002.  PARTY NOMINATION PROHIBITED.  Nomination for a

 2-1     nonpartisan judicial office by a political party is prohibited.

 2-2           Sec. 291.003.  VOTE REQUIRED FOR ELECTION.  (a)  To be

 2-3     elected to a nonpartisan judicial office, a candidate must receive

 2-4     a majority of the total number of votes received by all candidates

 2-5     for the office.

 2-6           (b)  If no candidate for a particular office receives the

 2-7     vote required for election, a runoff election for that office is

 2-8     required.  Except as otherwise provided by this chapter, Subchapter

 2-9     B, Chapter 2, applies to a runoff election held under this chapter.

2-10           Sec. 291.004.  APPLICABILITY OF OTHER PARTS OF CODE.  The

2-11     other titles of this code apply to a nonpartisan judicial election

2-12     except provisions that are inconsistent with this title or that

2-13     cannot feasibly be applied in a nonpartisan judicial election.

2-14           Sec. 291.005.  ADDITIONAL PROCEDURES.  The secretary of state

2-15     shall prescribe any additional procedures necessary for the orderly

2-16     and proper administration of elections held under this chapter.

2-17              (Sections 291.006-291.020 reserved for expansion

2-18               SUBCHAPTER B.  APPLICATION FOR PLACE ON BALLOT

2-19           Sec. 291.021.  APPLICATION REQUIRED.  (a)  To be entitled to

2-20     a place on the nonpartisan judicial election ballot, a candidate

2-21     must make an application for a place on the ballot.

2-22           (b)  An application must, in addition to complying with

2-23     Section 141.031, be accompanied by the appropriate filing fee or,

2-24     instead of the filing fee, a petition that satisfies the

2-25     requirements prescribed by Section 141.062.

 3-1           (c)  An application filed by mail is considered to be filed

 3-2     at the time of its receipt by the appropriate authority.

 3-3           (d)  A candidate for an office specified by Section

 3-4     291.024(a)(3) who chooses to pay the filing fee must also accompany

 3-5     the application with a petition that complies with the requirements

 3-6     prescribed for the petition authorized by Subsection (b), except

 3-7     that the minimum number of signatures that must appear on the

 3-8     petition required by this subsection is 250.  If the candidate

 3-9     chooses to file the petition authorized by Subsection (b) instead

3-10     of the filing fee, the minimum number of signatures required for

3-11     that petition is increased by 250.  Signatures on a petition filed

3-12     under this subsection or Subsection (b) by a candidate covered by

3-13     this subsection may not be obtained on the grounds of a county

3-14     courthouse or courthouse annex.

3-15           Sec. 291.022.  AUTHORITY WITH WHOM APPLICATION FILED.  An

3-16     application for a place on the nonpartisan judicial election ballot

3-17     must be filed with the secretary of state.

3-18           Sec. 291.023.  REGULAR FILING DEADLINE.  (a)  An application

3-19     for a place on the nonpartisan judicial election ballot must be

3-20     filed not later than 5 p.m. of the 70th day before election day,

3-21     except as provided by Section 291.053.

3-22           (b)  An application may not be filed earlier than the 30th

3-23     day before the date of the regular filing deadline.

3-24           Sec. 291.024.  Filing Fee.  (a)  The filing fee for a

3-25     nonpartisan judicial candidate is as follows:

 4-1                 (1)  office elected statewide .................. $3,000

 4-2                 (2)  chief justice or justice, court of appeals, other

 4-3     than a justice  specified  by   Subdivision (3) ............. 1,500

 4-4                 (3)  chief justice or justice of a court of appeals

 4-5     that serves a court of appeals district in which a county with a

 4-6     population of more than one million is wholly or partly situated

 4-7     ............................................................. 2,000

 4-8           (b)  A filing fee received by the secretary of state shall be

 4-9     deposited in the state treasury to the credit of the general

4-10     revenue fund.

4-11           Sec. 291.025.  Number of Petition Signatures Required.  The

4-12     minimum number of signatures that must appear on the petition

4-13     authorized by Section 291.021 is:

4-14                 (1)  for a statewide office, 5,000; or

4-15                 (2)  for a district office, the lesser of:

4-16                       (A)  500; or

4-17                       (B)  two percent of the total vote received in

4-18     the district by all the candidates for governor in the most recent

4-19     gubernatorial general election.

4-20           Sec. 291.026.  Statement on Petition.  The following

4-21     statement must appear at the top of each page of a petition to be

4-22     filed under Section 291.021:  "I know that the purpose of this

4-23     petition is to entitle (insert candidate's name) to have his or her

4-24     name placed on the ballot for the office of (insert office title,

4-25     including any place number or other distinguishing number) for the

 5-1     nonpartisan judicial election."

 5-2           Sec. 291.027.  Certification of Names for Placement on

 5-3     Nonpartisan Judicial Election Ballot.  (a)  Except as provided by

 5-4     Subsection (c), the secretary of state shall certify in writing for

 5-5     placement on the nonpartisan judicial election ballot the name of

 5-6     each candidate who files with the secretary an application that

 5-7     complies with Section 291.021(b).

 5-8           (b)  Not later than the 55th day before election day, the

 5-9     secretary of state shall deliver the certification to the authority

5-10     responsible for having the official ballot prepared in each county

5-11     in which the candidate's name is to appear on the ballot.

5-12           (c)  A candidate's name may not be certified:

5-13                 (1)  if, before delivering the certification, the

5-14     secretary of state learns that the name is to be omitted from the

5-15     ballot under Section 291.054; or

5-16                 (2)  for an office for which the candidate's

5-17     application is invalid under Section 141.033.

5-18              (Sections 291.028-291.050 reserved for expansion

5-19             SUBCHAPTER C.  WITHDRAWAL, DEATH, AND INELIGIBILITY

5-20                                OF CANDIDATE

5-21           Sec. 291.051.  Withdrawal, Death, or Ineligibility Generally.

5-22     With respect to withdrawal, death, or ineligibility of a candidate

5-23     in a nonpartisan judicial election, this subchapter supersedes

5-24     Subchapter A, Chapter 145, to the extent of any conflict.

5-25           Sec. 291.052.  Withdrawal From Nonpartisan Judicial Election.

 6-1     (a)  A candidate may not withdraw from the nonpartisan judicial

 6-2     election after the 65th day before election day.

 6-3           (b)  A withdrawal request must be filed with the authority

 6-4     with whom the withdrawing candidate's application for a place on

 6-5     the ballot is required to be filed.

 6-6           Sec. 291.053.  Extended Filing Deadline.  (a)  The deadline

 6-7     for filing an application for a place on the nonpartisan judicial

 6-8     election ballot is extended as provided by this section if a

 6-9     candidate who has made an application that complies with the

6-10     applicable requirements:

6-11                 (1)  dies on or after the fifth day before the date of

6-12     the regular filing deadline and on or before the 65th day before

6-13     election day;

6-14                 (2)  holds the office for which the application was

6-15     made and withdraws or is declared ineligible on or after the date

6-16     of the regular filing deadline and on or before the 65th day before

6-17     election day; or

6-18                 (3)  withdraws or is declared ineligible during the

6-19     period prescribed by Subdivision (2), and at the time of the

6-20     withdrawal or declaration of ineligibility no other candidate has

6-21     made an application that complies with the applicable requirements

6-22     for the office sought by the withdrawn or ineligible candidate.

6-23           (b)  An application for an office sought by a withdrawn,

6-24     deceased, or ineligible candidate must be filed not later than

6-25     5 p.m. of the 60th day before election day.

 7-1           (c)  If the deadline for filing applications is extended,

 7-2     notice of the extended filing shall be given in the same manner as

 7-3     provided for a primary election.

 7-4           Sec. 291.054.  Withdrawn, Deceased, or Ineligible Candidate's

 7-5     Name Omitted From Ballot.  A candidate's name shall be omitted from

 7-6     the nonpartisan judicial election ballot if the candidate

 7-7     withdraws, dies, or is declared ineligible on or before the 65th

 7-8     day before election day.

 7-9           Sec. 291.055.  Deceased or Ineligible Candidate's Name to

7-10     Appear on Ballot.  If a candidate who has made an application for a

7-11     place on the nonpartisan judicial election ballot that complies

7-12     with the applicable requirements dies or is declared ineligible

7-13     after the 65th day before election day, the candidate's name shall

7-14     be placed on the ballot.

7-15           Sec. 291.056.  WITHDRAWAL FROM RUNOFF.  (a)  A candidate may

7-16     not withdraw from the runoff nonpartisan judicial election after 5

7-17     p.m. of the 10th day after the date of the general nonpartisan

7-18     judicial election.

7-19           (b)  A withdrawal request for the runoff must be filed with

7-20     the authority with whom the withdrawing candidate's application for

7-21     a place on the ballot is required to be filed.

7-22           (c)  If a runoff candidate withdraws, the remaining candidate

7-23     is the winner and the runoff election for that office is not held.

7-24           Sec. 291.057.  DECEASED OR INELIGIBLE CANDIDATE'S NAME TO

7-25     APPEAR ON RUNOFF BALLOT.  If a candidate in the runoff nonpartisan

 8-1     judicial election dies or is declared ineligible before runoff

 8-2     election day, the candidate's name shall be placed on the ballot.

 8-3              (Sections 291.058-291.070 reserved for expansion

 8-4                     SUBCHAPTER D.  CONDUCT OF ELECTION

 8-5           Sec. 291.071.  Nonpartisan Judicial Election Ballot.  The

 8-6     nonpartisan judicial offices and candidates shall be listed as a

 8-7     separate ballot on the general election ballot following the

 8-8     partisan offices under the heading "Election For Nonpartisan

 8-9     Judicial Offices."

8-10           Sec. 291.072.  General Procedure for Conduct of Nonpartisan

8-11     Judicial Election.  Except as otherwise provided by this code, the

8-12     nonpartisan judicial election shall be conducted and the results

8-13     canvassed, tabulated, and reported in the manner applicable to

8-14     partisan offices in the general election for state and county

8-15     officers.

8-16           Sec. 291.073.  CERTIFICATION OF CANDIDATES FOR PLACEMENT ON

8-17     RUNOFF BALLOT.  (a)  The secretary of state shall certify in

8-18     writing for placement on the runoff nonpartisan judicial election

8-19     ballot the name of each candidate who is to be a candidate in the

8-20     runoff.

8-21           (b)  The secretary of state shall deliver the certification

8-22     to the authority responsible for having the official ballot

8-23     prepared in each affected county as soon as practicable after the

8-24     state canvass of the general nonpartisan judicial election is

8-25     completed.

 9-1           Sec. 291.074.  GENERAL PROCEDURE FOR CONDUCT OF RUNOFF

 9-2     NONPARTISAN JUDICIAL ELECTION.  The runoff nonpartisan judicial

 9-3     election shall be conducted and the results canvassed, tabulated,

 9-4     and reported in the same manner as the general nonpartisan judicial

 9-5     election.

 9-6           SECTION 3.  Section 1.005, Election Code, is amended by

 9-7     amending Subdivision (9) and by adding Subdivisions (25) and (26)

 9-8     to read as follows:

 9-9                 (9)  "Independent candidate" means a candidate in a

9-10     nonpartisan election or a candidate in a partisan election who is

9-11     not the nominee of a political party.  The term does not include a

9-12     nonpartisan judicial candidate.

9-13                 (25)  "Nonpartisan judicial election" means an election

9-14     held under Title 17.

9-15                 (26)  "Nonpartisan judicial candidate" means a

9-16     candidate in a nonpartisan judicial election.

9-17           SECTION 4.  Section 52.092, Election Code, is amended by

9-18     amending Subsections (a), (c), (d), and (g)-(j) and by adding

9-19     Subsection (k) to read as follows:

9-20           (a)  For an election at which offices regularly filled at the

9-21     general election for state and county officers, including the

9-22     nonpartisan judicial election, are to appear on the ballot, the

9-23     offices shall be listed in the following order:

9-24                 (1)  offices of the federal government;

9-25                 (2)  offices of the state government:

 10-1                      (A)  statewide offices;

 10-2                      (B)  district offices;

 10-3                (3)  offices of the county government:

 10-4                      (A)  county offices;

 10-5                      (B)  precinct offices.

 10-6          (c)  Statewide offices of the state government shall be

 10-7    listed in the following order:

 10-8                (1)  governor;

 10-9                (2)  lieutenant governor;

10-10                (3)  attorney general;

10-11                (4)  comptroller of public accounts;

10-12                (5)  [state treasurer;]

10-13                [(6)]  commissioner of the General Land Office;

10-14                (6) [(7)]  commissioner of agriculture;

10-15                (7) [(8)]  railroad commissioner[;]

10-16                [(9)  chief justice, supreme court;]

10-17                [(10)  justice, supreme court;]

10-18                [(11)  presiding judge, court of criminal appeals;]

10-19                [(12)  judge, court of criminal appeals].

10-20          (d)  District offices of the state government shall be listed

10-21    in the following order:

10-22                (1)  member, State Board of Education;

10-23                (2)  state senator;

10-24                (3)  state representative;

10-25                (4)  [chief justice, court of appeals;]

 11-1                [(5)  justice, court of appeals;]

 11-2                [(6)]  district judge;

 11-3                (5) [(7)]  criminal district judge;

 11-4                (6) [(8)]  family district judge;

 11-5                (7) [(9)]  district attorney;

 11-6                (8) [(10)]  criminal district attorney.

 11-7          (g)  The nonpartisan judicial offices shall be listed in the

 11-8    following order:

 11-9                (1)  chief justice, supreme court;

11-10                (2)  justice, supreme court;

11-11                (3)  presiding judge, court of criminal appeals;

11-12                (4)  judge, court of criminal appeals;

11-13                (5)  chief justice, court of appeals;

11-14                (6)  justice, court of appeals.

11-15          (h) [(g)]  If two or more offices having the same title

11-16    except for a place number or other distinguishing number are to

11-17    appear on the ballot, the number shall appear as part of the office

11-18    title and the offices shall be listed in numerical order.

11-19          (i) [(h)]  The secretary of state shall assign a place number

11-20    to each position to be filled at the nonpartisan judicial [general]

11-21    election for [state and county officers for each full or unexpired

11-22    term in] the following offices:

11-23                (1)  justice, supreme court;

11-24                (2)  judge, court of criminal appeals; and

11-25                (3)  justice, court of appeals in a court having a

 12-1    membership in excess of three, if distinguishing the positions to

 12-2    be filled is necessary.

 12-3          (j) [(i)]  The secretary of state shall designate the

 12-4    position of new offices on the ballot.

 12-5          (k) [(j)]  The office of judge of a multicounty statutory

 12-6    county court created under Subchapter D, Chapter 25, Government

 12-7    Code, is considered to be a county office for purposes of listing

 12-8    the office on the ballot and to be a district office for all other

 12-9    purposes under this code.

12-10          SECTION 5.  Section 67.003, Election Code, is amended to read

12-11    as follows:

12-12          Sec. 67.003.  TIME FOR LOCAL CANVASS.  Each local canvassing

12-13    authority shall convene to conduct the local canvass not earlier

12-14    than the second day or later than the sixth day after election day

12-15    at the time set by the canvassing authority's presiding officer,

12-16    except that the canvass for the nonpartisan judicial election shall

12-17    be conducted not later than the third day after election day.

12-18          SECTION 6.  Section 67.012(a), Election Code, is amended to

12-19    read as follows:

12-20          (a)  The governor shall conduct the state canvass not earlier

12-21    than the 15th or later than the 30th day after election day at the

12-22    time set by the secretary of state, except that the canvass for the

12-23    nonpartisan judicial election shall be conducted not later than the

12-24    14th day after election day.

12-25          SECTION 7.  Section 141.001(a), Election Code, is amended to

 13-1    read as follows:

 13-2          (a)  To be eligible to be a candidate for, or elected or

 13-3    appointed to, a public elective office in this state, a person

 13-4    must:

 13-5                (1)  be a United States citizen;

 13-6                (2)  be 18 years of age or older on the first day of

 13-7    the term to be filled at the election or on the date of

 13-8    appointment, as applicable;

 13-9                (3)  have not been determined mentally incompetent by a

13-10    final judgment of a court;

13-11                (4)  have not been finally convicted of a felony from

13-12    which the person has not been pardoned or otherwise released from

13-13    the resulting disabilities;

13-14                (5)  have resided continuously in the state for 12

13-15    months and in the territory from which the office is elected for

13-16    six months immediately preceding the following date:

13-17                      (A)  for a candidate whose name is to appear on a

13-18    general primary election ballot, the date of the regular filing

13-19    deadline for a candidate's application for a place on the ballot;

13-20                      (B)  for an independent candidate or a

13-21    nonpartisan judicial candidate, the date of the regular filing

13-22    deadline for a candidate's application for a place on the ballot;

13-23                      (C)  for a write-in candidate, the date of the

13-24    election at which the candidate's name is written in;

13-25                      (D)  for a party nominee who is nominated by any

 14-1    method other than by primary election, the date the nomination is

 14-2    made; and

 14-3                      (E)  for an appointee to an office, the date the

 14-4    appointment is made; and

 14-5                (6)  satisfy any other eligibility requirements

 14-6    prescribed by law for the office.

 14-7          SECTION 8.  Section 145.003(b), Election Code, is amended to

 14-8    read as follows:

 14-9          (b)  A candidate in the general election for state and county

14-10    officers, including the nonpartisan judicial election, may be

14-11    declared ineligible before the 30th day preceding election day by:

14-12                (1)  the party officer responsible for certifying the

14-13    candidate's name for placement on the general election ballot, in

14-14    the case of a candidate who is a political party's nominee; or

14-15                (2)  the authority with whom the candidate's

14-16    application for a place on the ballot is required to be filed, in

14-17    the case of an independent candidate or a nonpartisan judicial

14-18    candidate, as applicable.

14-19          SECTION 9.  Section 145.005(a), Election Code, is amended to

14-20    read as follows:

14-21          (a)  If the name of a deceased or ineligible candidate

14-22    appears on the ballot [under this chapter], the votes cast for the

14-23    candidate shall be counted and entered on the official election

14-24    returns in the same manner as for the other candidates.

14-25          SECTION 10.  Section 146.021, Election Code, is amended to

 15-1    read as follows:

 15-2          Sec. 146.021.  Applicability of Subchapter.  This subchapter

 15-3    applies to a write-in candidate for an office that is to be voted

 15-4    on at the general election for state and county officers, including

 15-5    the nonpartisan judicial election.

 15-6          SECTION 11.  Sections 172.021(c) and (e), Election Code, are

 15-7    amended to read as follows:

 15-8          (c)  An application filed by mail is considered to be filed

 15-9    at the time of its receipt by the appropriate authority.

15-10          (e)  A candidate for an office specified by Section

15-11    172.024(a)(8) or [,] (10)[, or (12)], or for justice of the peace

15-12    in a county with a population of more than one million [850,000],

15-13    who chooses to pay the filing fee must also accompany the

15-14    application with a petition that complies with the requirements

15-15    prescribed for the petition authorized by Subsection (b), except

15-16    that the minimum number of signatures that must appear on the

15-17    petition required by this subsection is 250.  If the candidate

15-18    chooses to file the petition authorized by Subsection (b) instead

15-19    of the filing fee, the minimum number of signatures required for

15-20    that petition is increased by 250.  Signatures on a petition filed

15-21    under this subsection or Subsection (b) by a candidate covered by

15-22    this subsection may not be obtained on the grounds of a county

15-23    courthouse or courthouse annex.

15-24          SECTION 12.  Section 172.024(a), Election Code, is amended to

15-25    read as follows:

 16-1          (a)  The filing fee for a candidate for nomination in the

 16-2    general primary election is as follows:

 16-3                (1)  United States senator ..................... $4,000

 16-4                (2)  office elected statewide, except United States

 16-5                     senator .................................... 3,000

 16-6                (3)  United States representative ............... 2,500

 16-7                (4)  state senator .............................. 1,000

 16-8                (5)  state representative ......................... 600

 16-9                (6)  member, State Board of Education ............. 250

16-10                (7)  [chief justice or justice, court of appeals, other

16-11                       than a justice specified by Subdivision (8)

16-12                       .......................................... 1,500]

16-13                [(8)  chief justice or justice of a court of appeals

16-14                       that serves a court of appeals district in which

16-15                       a county with a population of more than 850,000

16-16                       is wholly or partly situated ............. 2,000]

16-17                [(9)]  district judge or judge specified by Section

16-18                       52.092(d) for which this schedule does not

16-19                       otherwise prescribe a fee ................ 1,200

16-20                (8) [(10)]  district or criminal district judge of a

16-21                       court in a judicial district wholly contained in

16-22                       a county with a population of more than one

16-23                       million [850,000] ........................ 2,000

16-24                (9) [(11)]  judge, statutory county court, other than a

16-25                       judge specified by Subdivision (10) [(12)]

 17-1                       .......................................... 1,200

 17-2                (10) [(12)]  judge of a statutory county court in a

 17-3                       county with a population of more than one

 17-4                       million [850,000] ........................ 2,000

 17-5                (11) [(13)]  district attorney, criminal district

 17-6                       attorney, or county attorney performing the

 17-7                       duties of a district attorney ............ 1,000

 17-8                (12) [(14)]  county commissioner or judge,

 17-9                     constitutional county court:

17-10                     (A)  county    with   a    population  of  200,000

17-11                          or more ............................... 1,000

17-12                     (B)  county   with   a    population    of   under

17-13                          200,000 ................................. 600

17-14                (13) [(15)]  justice of the peace or constable:

17-15                     (A)  county   with   a   population   of   200,000

17-16                          or more ................................. 800

17-17                     (B)  county   with   a    population    of   under

17-18                          200,000 ................................. 300

17-19                (14) [(16)]  county surveyor, inspector of hides and

17-20                     animals, or public weigher .................... 50

17-21                (15) [(17)]  office of the  county  government for

17-22                      which  this    schedule    does    not  otherwise

17-23                      prescribe a fee ............................. 600

17-24          SECTION 13.  Section 202.001, Election Code, is amended to

17-25    read as follows:

 18-1          Sec. 202.001.  APPLICABILITY OF CHAPTER.  (a)  This chapter

 18-2    applies to elective offices of the state and county governments

 18-3    except the offices of state senator and state representative.

 18-4          (b)  This chapter does not apply to the office of justice or

 18-5    judge of an appellate court.

 18-6          SECTION 14.  Each supreme court justice, court of criminal

 18-7    appeals judge, and court of appeals justice in office January 1,

 18-8    1998, unless otherwise removed as provided by law, continues in

 18-9    office for the term to which elected.

18-10          SECTION 15.  This Act takes effect only if the constitutional

18-11    amendment proposed by the 75th Legislature, Regular Session, 1997,

18-12    relating to the filling by gubernatorial appointment of vacancies

18-13    in the offices of appellate justices and judges and to the

18-14    nonpartisan election  of those justices and judges is adopted.  If

18-15    the amendment is adopted, this Act takes effect January 1, 1998.

18-16          SECTION 16.  The importance of this legislation and the

18-17    crowded condition of the calendars in both houses create an

18-18    emergency and an imperative public necessity that the

18-19    constitutional rule requiring bills to be read on three several

18-20    days in each house be suspended, and this rule is hereby suspended.