By Ellis                                         S.B. No. 409

      75R2875 GGS-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the appointment of appellate justices and judges, to

 1-3     the nonpartisan election of district judges, to the retention or

 1-4     rejection of district and appellate judges, and to the creation of

 1-5     certain judicial districts.

 1-6           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-7           SECTION 1.  Chapter 22, Government Code, is amended by adding

 1-8     Subchapter E to read as follows:

 1-9             SUBCHAPTER E.  APPOINTMENT AND RETENTION OF CERTAIN

1-10                              JUDICIAL OFFICERS

1-11           Sec. 22.401.  SUBJECT TO RETENTION ELECTION.  (a)  A justice

1-12     or judge is subject to retention or rejection in accordance with

1-13     Chapter 292, Election Code, at the last general election for state

1-14     and county officers to be held before the date the justice's or

1-15     judge's term expires.

1-16           (b)  If a justice or judge does not seek retention, or

1-17     withdraws from the retention election, as provided by Chapter 292,

1-18     Election Code, the vacancy existing at the beginning of the

1-19     succeeding term shall be filled in the regular manner.

1-20           (c)  If a vacancy occurs in the office of a justice or judge

1-21     seeking retention and the justice's or judge's name is omitted from

1-22     the retention election ballot under Chapter 292, Election Code, the

1-23     vacancy shall be filled in the regular manner.

1-24           Sec. 22.402.  EFFECT OF RETENTION VOTE.  (a)  If a majority

 2-1     of the votes received on the question are for the retention of the

 2-2     justice or judge, the person is entitled to remain in office for a

 2-3     regular term of six years beginning on the first day of the

 2-4     following January, unless the person becomes ineligible or is

 2-5     removed as provided by law.

 2-6           (b)  If less than a majority of the votes received on the

 2-7     question are for retention, a vacancy in the office exists on the

 2-8     first day of the following January, and the vacancy shall be filled

 2-9     in the regular manner.

2-10           (c)  If the name of a justice or judge seeking retention

2-11     appears on the retention election ballot under Chapter 292,

2-12     Election Code, although a vacancy has occurred in the office, the

2-13     retention election for that office has no effect, and the vacancy

2-14     shall be filled in the regular manner.

2-15           SECTION 2.  Subchapter A, Chapter 24, Government Code, is

2-16     amended by adding Sections 24.0015, 24.0016, and 24.0017 to read as

2-17     follows:

2-18           Sec. 24.0015.  ELECTION FROM COMMISSIONERS COURT PRECINCT IN

2-19     POPULOUS COUNTIES.  (a)  The judges of the judicial districts

2-20     composed entirely of a county with a population of one million or

2-21     more shall be elected from commissioners court precincts.

2-22           (b)  The secretary of state shall supervise the drawing of

2-23     lots to determine the number of the commissioners court precinct

2-24     from which each of the district judges is elected.  An equal number

2-25     of district judges shall be elected from each commissioners court

2-26     precinct in a county.

2-27           Sec. 24.0016.  ELECTION AND RETENTION CYCLE.  (a)  Except in

 3-1     the case of a vacancy filled by appointment and in the case of an

 3-2     incumbent judge seeking to be retained in office, the office of

 3-3     district judge is filled by election at the nonpartisan judicial

 3-4     election in accordance with Chapter 291, Election Code.

 3-5           (b)  At the end of a term of office to which a district judge

 3-6     is elected, and at the end of the immediately following continuous

 3-7     term in that office, the judge is subject to retention or rejection

 3-8     by the voters of the judicial district in accordance with Chapter

 3-9     292, Election Code.

3-10           (c)  At the end of a second continuous term in which a judge

3-11     has been retained in office, the office is filled by election.

3-12           (d)  For a judge seeking retention, including a judge elected

3-13     from a commissioners court precinct, the qualified voters of the

3-14     entire judicial district are entitled to vote on the issue of

3-15     retention or rejection.

3-16           (e)  If a judge subject to retention or rejection does not

3-17     seek retention as provided by Chapter 292, Election Code, or the

3-18     name of a judge seeking retention is omitted from the retention

3-19     election ballot under that chapter, the succeeding term shall be

3-20     filled at the subsequent nonpartisan judicial election in

3-21     accordance with Chapter 291, Election Code.

3-22           Sec. 24.0017.  EFFECT OF RETENTION VOTE.  (a)  If a majority

3-23     of the votes received on the question are for the retention of the

3-24     judge, the person is entitled to remain in office for a regular

3-25     term of four years beginning on the first day of the following

3-26     January, unless the person becomes ineligible or is removed as

3-27     provided by law.

 4-1           (b)  If less than a majority of the votes received on the

 4-2     question are for retention, a vacancy in the office exists on the

 4-3     first day of the following January, and the vacancy shall be filled

 4-4     in the regular manner.

 4-5           (c)  If the name of a deceased or ineligible judge who sought

 4-6     retention appears on the retention election ballot under Chapter

 4-7     292, Election Code, the retention election for that office has no

 4-8     effect, and the vacancy existing at the beginning of the succeeding

 4-9     term shall be filled in the regular manner.

4-10           SECTION 3.  Subchapter C, Chapter 24, Government Code, is

4-11     amended by adding Sections 24.540-24.547 to read as follows:

4-12           Sec. 24.540.  395TH JUDICIAL DISTRICT (BEXAR COUNTY).  The

4-13     395th Judicial District is composed of Bexar County.

4-14           Sec. 24.541.  396TH JUDICIAL DISTRICT (DALLAS COUNTY).  The

4-15     396th Judicial District is composed of Dallas County.

4-16           Sec. 24.542.  397TH JUDICIAL DISTRICT (DALLAS COUNTY).  The

4-17     397th Judicial District is composed of Dallas County.

4-18           Sec. 24.543.  398TH JUDICIAL DISTRICT (DALLAS COUNTY).  The

4-19     398th Judicial District is composed of Dallas County.

4-20           Sec. 24.544.  399TH JUDICIAL DISTRICT (HARRIS COUNTY).  The

4-21     399th Judicial District is composed of Harris County.

4-22           Sec. 24.545.  400TH JUDICIAL DISTRICT (TARRANT COUNTY).  The

4-23     400th Judicial District is composed of Tarrant County.

4-24           Sec. 24.546.  401ST JUDICIAL DISTRICT (TARRANT COUNTY).  The

4-25     401st Judicial District is composed of Tarrant County.

4-26           Sec. 24.547.  402ND JUDICIAL DISTRICT (TARRANT COUNTY).  The

4-27     402nd Judicial District is composed of Tarrant County.

 5-1           SECTION 4.  Section 41.002, Election Code, is amended to read

 5-2     as follows:

 5-3           Sec. 41.002.  GENERAL ELECTION FOR STATE AND COUNTY OFFICERS.

 5-4     (a)  The general election for state and county officers, including

 5-5     the general nonpartisan judicial election, shall be held on the

 5-6     first Tuesday after the first Monday in November in even-numbered

 5-7     years.

 5-8           (b)  Any runoff nonpartisan judicial election shall be held

 5-9     on the first Tuesday after the first Monday in December following

5-10     the general election.

5-11           SECTION 5.  The Election Code is amended by adding Title 17

5-12     to read as follows:

5-13                 TITLE 17.  NONPARTISAN JUDICIAL  ELECTIONS

5-14                 CHAPTER 291.  NONPARTISAN JUDICIAL ELECTION

5-15           SUBCHAPTER A.  NONPARTISAN ELECTION OF JUDGES GENERALLY

5-16           Sec. 291.001.  APPLICABILITY OF CHAPTER.  This chapter

5-17     applies only to a judicial office required to be elected at the

5-18     nonpartisan judicial election.

5-19           Sec. 291.002.  PARTY NOMINATION PROHIBITED.  Nomination for a

5-20     nonpartisan judicial office by a political party is prohibited.

5-21           Sec. 291.003.  VOTE REQUIRED FOR ELECTION.  (a)  To be

5-22     elected to a nonpartisan judicial office, a candidate must receive

5-23     at least 30 percent of the total number of votes received by all

5-24     candidates for the office and more votes than any other candidate

5-25     for the office.

5-26           (b)  If no candidate for a particular office receives the

5-27     vote required for election, a runoff election for that office is

 6-1     required.  Except as otherwise provided by this chapter, Subchapter

 6-2     B, Chapter 2, applies to a runoff election held under this chapter.

 6-3           Sec. 291.004.  APPLICABILITY OF OTHER PARTS OF CODE.  The

 6-4     other titles of this code apply to a nonpartisan judicial election

 6-5     except provisions that are inconsistent with this title or that

 6-6     cannot feasibly be applied in a nonpartisan judicial election.

 6-7           Sec. 291.005.  ADDITIONAL PROCEDURES.  The secretary of state

 6-8     shall prescribe any additional procedures necessary for the orderly

 6-9     and proper administration of elections held under this chapter.

6-10              (Sections 291.006-291.020 reserved for expansion

6-11               SUBCHAPTER B.  APPLICATION FOR PLACE ON BALLOT

6-12           Sec. 291.021.  APPLICATION REQUIRED.  (a)  To be entitled to

6-13     a place on the nonpartisan judicial election ballot, a candidate

6-14     must make an application for a place on the ballot.

6-15           (b)  An application must, in addition to complying with

6-16     Section 141.031, be accompanied by the appropriate filing fee or,

6-17     instead of the filing fee, a petition that satisfies the

6-18     requirements prescribed by Section 141.062.

6-19           (c)  An application filed by mail is considered to be filed

6-20     at the time of its receipt by the appropriate authority.

6-21           (d)  A candidate for an office specified by Section

6-22     291.024(a)(2) who chooses to pay the filing fee must also accompany

6-23     the application with a petition that complies with the requirements

6-24     prescribed for the petition authorized by Subsection (b), except

6-25     that the minimum number of signatures that must appear on the

6-26     petition required by this subsection is 250.  If the candidate

6-27     chooses to file the petition authorized by Subsection (b) instead

 7-1     of the filing fee, the minimum number of signatures required for

 7-2     that petition is increased by 250.  Signatures on a petition filed

 7-3     under this subsection or Subsection (b) by a candidate covered by

 7-4     this subsection may not be obtained on the grounds of a county

 7-5     courthouse or courthouse annex.

 7-6           Sec. 291.022.  AUTHORITY WITH WHOM APPLICATION FILED.  An

 7-7     application for a place on the nonpartisan judicial election ballot

 7-8     must be filed with the secretary of state.

 7-9           Sec. 291.023.  REGULAR FILING DEADLINE.  (a)  An application

7-10     for a place on the nonpartisan judicial election ballot must be

7-11     filed not later than 5 p.m. of the 70th day before election day,

7-12     except as provided by Sections 291.053 and 202.008.

7-13           (b)  An application may not be filed earlier than the 30th

7-14     day before the date of the regular filing deadline.

7-15           Sec. 291.024.  Filing Fee.  (a)  The filing fee for a

7-16     nonpartisan judicial candidate is as follows:

7-17                 (1)  district  judge, criminal   district  judge, or

7-18     family  district   judge,  other   than   a   judge   specified  by

7-19     Subdivision (2) ...........................................  $1,200

7-20                 (2)  district or criminal district judge of a court in

7-21     a judicial district wholly contained in a county with a population

7-22     of more than one million ..................................  $2,000

7-23           (b)  A filing fee received by the secretary of state shall be

7-24     deposited in the state treasury to the credit of the general

7-25     revenue fund.

7-26           Sec. 291.025.  Number of Petition Signatures Required.  The

7-27     minimum number of signatures that must appear on the petition

 8-1     authorized by Section 291.021 is the lesser of:

 8-2                 (1)  500; or

 8-3                 (2)  two percent of the total vote received in the

 8-4     district by all the candidates for governor in the most recent

 8-5     gubernatorial general election.

 8-6           Sec. 291.026.  Statement on Petition.  The following

 8-7     statement must appear at the top of each page of a petition to be

 8-8     filed under Section 291.021:  "I know that the purpose of this

 8-9     petition is to entitle (insert candidate's name) to have his name

8-10     placed on the ballot for the office of (insert office title,

8-11     including any place number or other distinguishing number) for the

8-12     nonpartisan judicial election."

8-13           Sec. 291.027.  Certification of Names for Placement on

8-14     Nonpartisan Judicial Election Ballot.  (a)  Except as provided by

8-15     Subsection (c), the secretary of state shall certify in writing for

8-16     placement on the nonpartisan judicial election ballot the name of

8-17     each candidate who files with the secretary an application that

8-18     complies with Section 291.021(b).

8-19           (b)  Not later than the 55th day before election day, the

8-20     secretary of state shall deliver the certification to the authority

8-21     responsible for having the official ballot prepared in each county

8-22     in which the candidate's name is to appear on the ballot.

8-23           (c)  A candidate's name may not be certified:

8-24                 (1)  if, before delivering the certification, the

8-25     secretary of state learns that the name is to be omitted from the

8-26     ballot under Section 291.054; or

8-27                 (2)  for an office for which the candidate's

 9-1     application is invalid under Section 141.033.

 9-2              (Sections 291.028-291.050 reserved for expansion

 9-3             SUBCHAPTER C.  WITHDRAWAL, DEATH, AND INELIGIBILITY

 9-4                                OF CANDIDATE

 9-5           Sec. 291.051.  Withdrawal, Death, or Ineligibility Generally.

 9-6     With respect to withdrawal, death, or ineligibility of a candidate

 9-7     in a nonpartisan judicial election, this subchapter supersedes

 9-8     Subchapter A, Chapter 145, to the extent of any conflict.

 9-9           Sec. 291.052.  Withdrawal From Nonpartisan Judicial Election.

9-10     (a)  A candidate may not withdraw from the nonpartisan judicial

9-11     election after the 65th day before election day.

9-12           (b)  A withdrawal request must be filed with the authority

9-13     with whom the withdrawing candidate's application for a place on

9-14     the ballot is required to be filed.

9-15           Sec. 291.053.  Extended Filing Deadline.  (a)  The deadline

9-16     for filing an application for a place on the nonpartisan judicial

9-17     election ballot is extended as provided by this section if a

9-18     candidate who has made an application that complies with the

9-19     applicable requirements:

9-20                 (1)  dies on or after the fifth day before the date of

9-21     the regular filing deadline and on or before the 65th day before

9-22     election day;

9-23                 (2)  holds the office for which the application was

9-24     made and withdraws or is declared ineligible on or after the date

9-25     of the regular filing deadline and on or before the 65th day before

9-26     election day; or

9-27                 (3)  withdraws or is declared ineligible during the

 10-1    period prescribed by Subdivision (2), and at the time of the

 10-2    withdrawal or declaration of ineligibility no other candidate has

 10-3    made an application that complies with the applicable requirements

 10-4    for the office sought by the withdrawn or ineligible candidate.

 10-5          (b)  The filing deadline is also extended if a candidate for

 10-6    retention who has made a declaration of candidacy that complies

 10-7    with Section 292.001 dies, withdraws, or is declared ineligible on

 10-8    or after the fifth day before the date of the regular filing

 10-9    deadline for applications and on or before the 65th day before

10-10    election day.

10-11          (c)  An application for an office sought by a withdrawn,

10-12    deceased, or ineligible candidate must be filed not later than

10-13    5 p.m. of the 60th day before election day.

10-14          (d)  If the deadline for filing applications is extended,

10-15    notice of the extended filing shall be given in the same manner as

10-16    provided for a primary election.

10-17          Sec. 291.054.  Withdrawn, Deceased, or Ineligible Candidate's

10-18    Name Omitted From Ballot.  A candidate's name shall be omitted from

10-19    the nonpartisan judicial election ballot if the candidate

10-20    withdraws, dies, or is declared ineligible on or before the 65th

10-21    day before election day.

10-22          Sec. 291.055.  Deceased or Ineligible Candidate's Name to

10-23    Appear on Ballot.  If a candidate who has made an application for a

10-24    place on the nonpartisan judicial election ballot that complies

10-25    with the applicable requirements dies or is declared ineligible

10-26    after the 65th day before election day, the candidate's name shall

10-27    be placed on the ballot.

 11-1          Sec. 291.056.  WITHDRAWAL FROM RUNOFF.  (a)  A candidate may

 11-2    not withdraw from the runoff nonpartisan judicial election after 5

 11-3    p.m. of the 10th day after the date of the general nonpartisan

 11-4    judicial election.

 11-5          (b)  A withdrawal request for the runoff must be filed with

 11-6    the authority with whom the withdrawing candidate's application for

 11-7    a place on the ballot is required to be filed.

 11-8          (c)  If a runoff candidate withdraws, the remaining candidate

 11-9    is the winner and the runoff election for that office is not held.

11-10          Sec. 291.057.  DECEASED OR INELIGIBLE CANDIDATE'S NAME TO

11-11    APPEAR ON RUNOFF BALLOT.  If a candidate in the runoff nonpartisan

11-12    judicial election dies or is declared ineligible before runoff

11-13    election day, the candidate's name shall be placed on the ballot.

11-14             (Sections 291.058-291.070 reserved for expansion

11-15                    SUBCHAPTER D.  CONDUCT OF ELECTION

11-16          Sec. 291.071.  Nonpartisan Judicial Election Ballot.  The

11-17    nonpartisan judicial offices and candidates shall be listed as a

11-18    separate ballot on the general election ballot following the

11-19    partisan offices under the heading "Election For Nonpartisan

11-20    Judicial Offices."

11-21          Sec. 291.072.  General Procedure for Conduct of Nonpartisan

11-22    Judicial Election.  Except as otherwise provided by this code, the

11-23    nonpartisan judicial election shall be conducted and the results

11-24    canvassed, tabulated, and reported in the manner applicable to

11-25    partisan offices in the general election for state and county

11-26    officers.

11-27          Sec. 291.073.  CERTIFICATION OF CANDIDATES FOR PLACEMENT ON

 12-1    RUNOFF BALLOT.  (a)  The secretary of state shall certify in

 12-2    writing for placement on the runoff nonpartisan judicial election

 12-3    ballot the name of each candidate who is to be a candidate in the

 12-4    runoff.

 12-5          (b)  The secretary of state shall deliver the certification

 12-6    to the authority responsible for having the official ballot

 12-7    prepared in each affected county as soon as practicable after the

 12-8    state canvass of the general nonpartisan judicial election is

 12-9    completed.

12-10          Sec. 291.074.  GENERAL PROCEDURE FOR CONDUCT OF RUNOFF

12-11    NONPARTISAN JUDICIAL ELECTION.  The runoff nonpartisan judicial

12-12    election shall be conducted and the results canvassed, tabulated,

12-13    and reported in the same manner as the general nonpartisan judicial

12-14    election.

12-15                     CHAPTER 292.  RETENTION ELECTION

12-16          Sec. 292.001.  Declaration of Candidacy.  (a)  Not later than

12-17    5 p.m. on June 1 preceding the nonpartisan judicial election  at

12-18    which the justice or judge is subject to retention or rejection, a

12-19    justice or judge  who seeks to continue to serve in that office

12-20    must file with the secretary of state a declaration of candidacy to

12-21    succeed to the next term.

12-22          (b)  A declaration may not be filed earlier than the 30th day

12-23    before the date of the filing deadline.  A declaration filed by

12-24    mail is considered to be filed at the  time of its receipt by the

12-25    appropriate authority.

12-26          (c)  The filling of the office for which a declaration of

12-27    candidacy is not filed is covered by Chapter 22 or 24, Government

 13-1    Code, as applicable.

 13-2          Sec. 292.002.  Withdrawal, Death, or Ineligibility.  (a)

 13-3    With respect to withdrawal, death, or ineligibility of a candidate

 13-4    in a retention election, this section supersedes Subchapter A,

 13-5    Chapter 145, to the extent of any conflict.

 13-6          (b)  A candidate may not withdraw from the retention election

 13-7    after the 65th day before election day.

 13-8          (c)  A withdrawal request must be filed with the authority

 13-9    with whom the withdrawing candidate's declaration of candidacy is

13-10    required to be filed.

13-11          (d)  A candidate's name shall be omitted from the retention

13-12    election ballot if the candidate withdraws, dies, or is declared

13-13    ineligible on or before the 65th day before election day.

13-14          (e)  If a candidate who has made a declaration of candidacy

13-15    that complies with the applicable requirements dies or is declared

13-16    ineligible after the 65th day before election day, the candidate's

13-17    name shall be placed on the retention election ballot.

13-18          (f)  The filling of the office following implementation of

13-19    Subsection (d) or (e) is covered by Chapter 22 or 24, Government

13-20    Code, as applicable.

13-21          Sec. 292.003.  Certification of Names for Placement on

13-22    Retention Election Ballot.  (a)  Except as provided by Subsection

13-23    (c), the secretary of state shall certify in writing for placement

13-24    on the retention election ballot the name of each candidate who

13-25    files with the secretary a declaration of candidacy that complies

13-26    with Section 292.001.

13-27          (b)  Not later than the 55th day before election day, the

 14-1    secretary of state shall deliver the certification to the authority

 14-2    responsible for having the official ballot prepared in each county

 14-3    in which the candidate's name is to appear on the ballot.

 14-4          (c)  A candidate's name may not be certified if, before

 14-5    delivering the certification, the secretary of state learns that

 14-6    the name is to be omitted from the ballot under Section 292.002.

 14-7          Sec. 292.004.  Retention Election Ballot.  The name of the

 14-8    person subject to retention or rejection shall be submitted to the

 14-9    voters on the nonpartisan judicial election ballot following the

14-10    offices subject to election under the heading "Retention of

14-11    Nonpartisan Judicial Offices," in substantially the following form:

14-12                    "Shall (Justice or Judge)__________________________

14-13                    ___________________________________________________

14-14                    be retained in office  as (justice or judge) of the

14-15                    (name of court)__________________________________?"

14-16                ____"Yes"

14-17                ____"No"

14-18          Sec. 292.005.  General Procedure for Conduct of Retention

14-19    Election.  (a)  Except as otherwise provided by this code, the

14-20    retention election shall be conducted and the results canvassed,

14-21    tabulated, and reported in the manner applicable to partisan

14-22    offices in the general election for state and county officers.

14-23          (b)  A certificate of election shall be issued to a retained

14-24    officer in the same manner as provided for a candidate elected to

14-25    the office.

14-26          Sec. 292.006.  WRITE-IN VOTING PROHIBITED.  Write-in voting

14-27    is not permitted in a retention election.

 15-1          Sec. 292.007.  Political Contributions and Expenditures.  A

 15-2    candidate for retention of a judicial office is subject to Title 15

 15-3    and shall comply with that title in the same manner as a candidate

 15-4    for election to the office.

 15-5          Sec. 292.008.  Applicability of Other Parts of Code.  The

 15-6    other titles of this code apply to a retention election under this

 15-7    chapter except provisions that are inconsistent with this title or

 15-8    that cannot feasibly be applied in a retention election.

 15-9          Sec. 292.009.  Additional Procedures.  The secretary of state

15-10    shall prescribe any additional procedures necessary for the orderly

15-11    and proper administration of elections held under this chapter.

15-12                 CHAPTER 293.  VOTER INFORMATION PAMPHLET

15-13          Sec. 293.001.  APPLICABILITY OF CHAPTER.  This chapter

15-14    applies to each candidate whose name is to appear on the ballot or

15-15    a list of declared write-in candidates in the nonpartisan judicial

15-16    election.

15-17          Sec. 293.002.  STATEMENT FILED BY CANDIDATE.  Not later than

15-18    the 70th day before the date of the nonpartisan judicial election,

15-19    a candidate may file with the secretary of state an informational

15-20    statement, on a form prescribed by the secretary, to be included in

15-21    the voter information pamphlet for that election.

15-22          Sec. 293.003.  STATEMENT REQUIREMENTS.  (a)  A candidate's

15-23    statement must include a summary of the following information:

15-24                (1)  current occupation;

15-25                (2)  educational and occupational background;

15-26                (3)  biographical information; and

15-27                (4)  any previous experience serving in government.

 16-1          (b)  The secretary of state shall prescribe the format and

 16-2    length of the candidate's statement.

 16-3          Sec. 293.004.  REVIEW BY SECRETARY OF STATE.  (a)  Not later

 16-4    than the fifth day after the date the candidate's statement is

 16-5    received, the secretary of state shall review the statement to

 16-6    determine whether it complies with this chapter.

 16-7          (b)  If the secretary of state determines that the statement

 16-8    does not comply with the applicable requirements, the secretary

 16-9    shall reject the statement and deliver written notice of the reason

16-10    for the rejection to the candidate not later than the second day

16-11    after the date of rejection.

16-12          (c)  A candidate whose statement is rejected may resubmit the

16-13    statement subject to the prescribed deadline.

16-14          Sec. 293.005.  PREPARATION OF PAMPHLET.  (a)  The secretary

16-15    of state shall contract for the preparation and printing of the

16-16    voter information pamphlet after soliciting bids for that work.

16-17    The secretary may prepare or print the pamphlet if the secretary

16-18    determines that the costs of that preparation or printing are less

16-19    than or equal to the most reasonable bid submitted.

16-20          (b)  The pamphlet must include the candidates' statements

16-21    that comply with this chapter, with candidates for election,

16-22    write-in candidates for election, and candidates for retention as

16-23    separate groups.  The order of the candidates' names within the

16-24    groups is determined by a drawing conducted by the secretary of

16-25    state.

16-26          (c)  To the extent practicable, the pamphlets shall be

16-27    prepared so that they contain only candidates for offices on which

 17-1    the voters receiving them will be eligible to vote.

 17-2          (d)  The secretary of state shall prescribe appropriate

 17-3    explanatory material to be included in the pamphlet to assist the

 17-4    voters, including a statement that the pamphlet may be used at the

 17-5    polls to assist the voters in marking their ballots.

 17-6          Sec. 293.006.  DISTRIBUTION OF PAMPHLET.  Not later than the

 17-7    45th day before the date of each nonpartisan judicial election, the

 17-8    secretary of state shall mail the appropriate voter information

 17-9    pamphlet to each household in this state in which a registered

17-10    voter resides.

17-11          Sec. 293.007.  ADDITIONAL PROCEDURES.  The secretary of state

17-12    shall prescribe any additional procedures necessary to implement

17-13    this chapter.

17-14          SECTION 6.  Section 1.005, Election Code, is amended by

17-15    amending Subdivision (9) and by adding Subdivisions (25) and (26)

17-16    to read as follows:

17-17                (9)  "Independent candidate" means a candidate in a

17-18    nonpartisan election or a candidate in a partisan election who is

17-19    not the nominee of a political party.  The term does not include a

17-20    nonpartisan judicial candidate.

17-21                (25)  "Nonpartisan judicial election" means an election

17-22    held under Title 17.

17-23                (26)  "Nonpartisan judicial candidate" means a

17-24    candidate in a nonpartisan judicial election.

17-25          SECTION 7.  Section 52.092, Election Code, is amended to read

17-26    as follows:

17-27          Sec. 52.092.  Offices Regularly Filled at General Election

 18-1    for State and County Officers.  (a)  For an election at which

 18-2    offices regularly filled at the general election for state and

 18-3    county officers, including the nonpartisan judicial election,  are

 18-4    to appear on the ballot, the offices shall be listed in the

 18-5    following order:

 18-6                (1)  offices of the federal government;

 18-7                (2)  offices of the state government:

 18-8                      (A)  statewide offices;

 18-9                      (B)  district offices;

18-10                (3)  offices of the county government:

18-11                      (A)  county offices;

18-12                      (B)  precinct offices.

18-13          (b)  Offices of the federal government shall be listed in the

18-14    following order:

18-15                (1)  president and vice-president of the United States;

18-16                (2)  United States senator;

18-17                (3)  United States representative.

18-18          (c)  Statewide offices of the state government shall be

18-19    listed in the following order:

18-20                (1)  governor;

18-21                (2)  lieutenant governor;

18-22                (3)  attorney general;

18-23                (4)  comptroller of public accounts;

18-24                (5)  [state treasurer;]

18-25                [(6)]  commissioner of the General Land Office;

18-26                (6) [(7)]  commissioner of agriculture;

18-27                (7) [(8)]  railroad commissioner[;]

 19-1                [(9)  chief justice, supreme court;]

 19-2                [(10)  justice, supreme court;]

 19-3                [(11)  presiding judge, court of criminal appeals;]

 19-4                [(12)  judge, court of criminal appeals].

 19-5          (d)  District offices of the state government shall be listed

 19-6    in the following order:

 19-7                (1)  member, State Board of Education;

 19-8                (2)  state senator;

 19-9                (3)  state representative;

19-10                [(4)  chief justice, court of appeals;]

19-11                [(5)  justice, court of appeals;]

19-12                [(6)  district judge;]

19-13                [(7)  criminal district judge;]

19-14                [(8)  family district judge;]

19-15                (4) [(9)]  district attorney;

19-16                (5) [(10)]  criminal district attorney.

19-17          (e)  County offices shall be listed in the following order:

19-18                (1)  county judge;

19-19                (2)  judge, county court at law;

19-20                (3)  judge, county criminal court;

19-21                (4)  judge, county probate court;

19-22                (5)  county attorney;

19-23                (6)  district clerk;

19-24                (7)  district and county clerk;

19-25                (8)  county clerk;

19-26                (9)  sheriff;

19-27                (10)  sheriff and tax assessor-collector;

 20-1                (11)  county tax assessor-collector;

 20-2                (12)  county treasurer;

 20-3                (13)  county school trustee (county with population of

 20-4    two million or more);

 20-5                (14)  county surveyor;

 20-6                (15)  inspector of hides and animals.

 20-7          (f)  Precinct offices shall be listed in the following order:

 20-8                (1)  county commissioner;

 20-9                (2)  justice of the peace;

20-10                (3)  constable;

20-11                (4)  public weigher.

20-12          (g)  The nonpartisan judicial offices shall be listed in the

20-13    following order:

20-14                (1)  chief justice, supreme court;

20-15                (2)  justice, supreme court;

20-16                (3)  presiding judge, court of criminal appeals;

20-17                (4)  judge, court of criminal appeals;

20-18                (5)  chief justice, court of appeals;

20-19                (6)  justice, court of appeals;

20-20                (7)  district judge;

20-21                (8)  criminal district judge;

20-22                (9)  family district judge.

20-23          (h) [(g)]  If two or more offices having the same title

20-24    except for a place number or other distinguishing number are to

20-25    appear on the ballot, the number shall appear as part of the office

20-26    title and the offices shall be listed in numerical order.

20-27          (i) [(h)]  The secretary of state shall assign a place number

 21-1    to each position for which a retention [to be filled at the

 21-2    general] election is to be held for [state and county officers for

 21-3    each full or unexpired term in] the following offices:

 21-4                (1)  justice, supreme court;

 21-5                (2)  judge, court of criminal appeals; and

 21-6                (3)  justice, court of appeals in a court having a

 21-7    membership in excess of three, if distinguishing the positions to

 21-8    be filled is necessary.

 21-9          (j) [(i)]  The secretary of state shall designate the

21-10    position of new offices on the ballot.

21-11          (k) [(j)]  The office of judge of a multicounty statutory

21-12    county court created under Subchapter D, Chapter 25, Government

21-13    Code, is considered to be a county office for purposes of listing

21-14    the office on the ballot and to be a district office for all other

21-15    purposes under this code.

21-16          SECTION 8.  Section 67.003, Election Code, is amended to read

21-17    as follows:

21-18          Sec. 67.003.  TIME FOR LOCAL CANVASS.  Each local canvassing

21-19    authority shall convene to conduct the local canvass not earlier

21-20    than the second day or later than the sixth day after election day

21-21    at the time set by the canvassing authority's presiding officer,

21-22    except that the canvass for the nonpartisan judicial election shall

21-23    be conducted not later than the third day after election day.

21-24          SECTION 9.  Section 67.012(a), Election Code, is amended to

21-25    read as follows:

21-26          (a)  The governor shall conduct the state canvass not earlier

21-27    than the 15th or later than the 30th day after election day at the

 22-1    time set by the secretary of state, except that the canvass for the

 22-2    nonpartisan judicial election shall be conducted not later than the

 22-3    14th day after election day.

 22-4          SECTION 10.  Section 141.001(a), Election Code, is amended to

 22-5    read as follows:

 22-6          (a)  To be eligible to be a candidate for, or elected or

 22-7    appointed to, a public elective office in this state, a person

 22-8    must:

 22-9                (1)  be a United States citizen;

22-10                (2)  be 18 years of age or older on the first day of

22-11    the term to be filled at the election or on the date of

22-12    appointment, as applicable;

22-13                (3)  have not been determined mentally incompetent by a

22-14    final judgment of a court;

22-15                (4)  have not been finally convicted of a felony from

22-16    which the person has not been pardoned or otherwise released from

22-17    the resulting disabilities;

22-18                (5)  have resided continuously in the state for 12

22-19    months and in the territory from which the office is elected for

22-20    six months immediately preceding the following date:

22-21                      (A)  for a candidate whose name is to appear on a

22-22    general primary election ballot, the date of the regular filing

22-23    deadline for a candidate's application for a place on the ballot;

22-24                      (B)  for an independent candidate or a

22-25    nonpartisan judicial candidate, other than a candidate for

22-26    retention, the date of the regular filing deadline for a

22-27    candidate's application for a place on the ballot;

 23-1                      (C)  for a write-in candidate, the date of the

 23-2    election at which the candidate's name is written in;

 23-3                      (D)  for a party nominee who is nominated by any

 23-4    method other than by primary election, the date the nomination is

 23-5    made; and

 23-6                      (E)  for an appointee to an office, the date the

 23-7    appointment is made; and

 23-8                (6)  satisfy any other eligibility requirements

 23-9    prescribed by law for the office.

23-10          SECTION 11.  Section 145.003(b), Election Code, is amended to

23-11    read as follows:

23-12          (b)  A candidate in the general election for state and county

23-13    officers, including the nonpartisan judicial election, may be

23-14    declared ineligible before the 30th day preceding election day by:

23-15                (1)  the party officer responsible for certifying the

23-16    candidate's name for placement on the general election ballot, in

23-17    the case of a candidate who is a political party's nominee; or

23-18                (2)  the authority with whom the candidate's

23-19    application for a place on the ballot or declaration of candidacy

23-20    is required to be filed, in the case of an independent candidate or

23-21    a nonpartisan judicial candidate, as applicable.

23-22          SECTION 12.  Section 145.005(a), Election Code, is amended to

23-23    read as follows:

23-24          (a)  If the name of a deceased or ineligible candidate

23-25    appears on the ballot [under this chapter], the votes cast for the

23-26    candidate shall be counted and entered on the official election

23-27    returns in the same manner as for the other candidates.

 24-1          SECTION 13.  Section 146.021, Election Code, is amended to

 24-2    read as follows:

 24-3          Sec. 146.021.  Applicability of Subchapter.  This subchapter

 24-4    applies to a write-in candidate for an office that is to be voted

 24-5    on at the general election for state and county officers, including

 24-6    the nonpartisan judicial election.

 24-7          SECTION 14.  Sections 172.021(c) and (e), Election Code, are

 24-8    amended to read as follows:

 24-9          (c)  An application filed by mail is considered to be filed

24-10    at the time of its receipt by the appropriate authority.

24-11          (e)  A candidate for an office specified by Section

24-12    172.024(a)(8) [, (10), or (12)], or for justice of the peace in a

24-13    county with a population of more than one million [850,000], who

24-14    chooses to pay the filing fee must also accompany the application

24-15    with a petition that complies with the requirements prescribed for

24-16    the petition authorized by Subsection (b), except that the minimum

24-17    number of signatures that must appear on the petition required by

24-18    this subsection is 250.  If the candidate chooses to file the

24-19    petition authorized by Subsection (b) instead of the filing fee,

24-20    the minimum number of signatures required for that petition is

24-21    increased by 250.  Signatures on a petition filed under this

24-22    subsection or Subsection (b) by a candidate covered by this

24-23    subsection may not be obtained on the grounds of a county

24-24    courthouse or courthouse annex.

24-25          SECTION 15.  Section 172.024(a), Election Code, is amended to

24-26    read as follows:

24-27          (a)  The filing fee for a candidate for nomination in the

 25-1    general primary election is as follows:

 25-2    (1)  United States senator ................................. $4,000

 25-3    (2)  office elected statewide, except United States senator . 3,000

 25-4    (3)  United States representative ........................... 2,500

 25-5    (4)  state senator .......................................... 1,000

 25-6    (5)  state representative ..................................... 600

 25-7    (6)  member, State Board of Education ......................... 250

 25-8    [(7)  chief justice or justice, court of appeals, other than a

 25-9    justice  specified  by   Subdivision (8) .................... 1,500]

25-10    [(8)  chief justice or justice of a court of appeals that serves a

25-11    court of appeals district in which a county with a population of

25-12    more than 850,000 is wholly or partly situated .............. 2,000]

25-13    [(9)  district judge or judge specified by Section 52.092(d) for

25-14    which this schedule does not otherwise prescribe a fee ...... 1,200]

25-15    [(10)  district or criminal district judge of a court in a judicial

25-16    district wholly contained in a county with a population of more

25-17    than 850,000 ............................................... 2,000]

25-18    (7) [(11)]  judge, statutory county court, other than a judge

25-19    specified by Subdivision (8) [(12)] ......................... 1,200

25-20    (8) [(12)]  judge of a statutory county court in a county with a

25-21    population of more than one million [850,000] ............... 2,000

25-22    (9) [(13)]  district attorney, criminal district attorney, or

25-23    county attorney performing the duties of a district attorney

25-24    ............................................................. 1,000

25-25    (10) [(14)]  county commissioner or judge, constitutional county

25-26    court:

25-27    (A)  county    with   a    population  of  200,000

 26-1    or more ..................................................... 1,000

 26-2    (B)  county   with   a    population    of   under

 26-3    200,000 ....................................................... 600

 26-4    (11) [(15)]  justice of the peace or constable:

 26-5    (A)  county   with   a   population   of   200,000

 26-6    or more ....................................................... 800

 26-7    (B)  county   with   a    population    of   under

 26-8    200,000 ....................................................... 300

 26-9    (12) [(16)]  county surveyor, inspector of hides and animals, or

26-10    public weigher ................................................. 50

26-11    (13) [(17)]  office of the  county  government for  which  this

26-12    schedule    does    not  otherwise

26-13     prescribe a fee .............................................. 600

26-14          SECTION 16.  Chapter 202, Election Code, is amended by

26-15    amending Section 202.002 and by adding Section 202.008 to read as

26-16    follows:

26-17          Sec. 202.002.  Vacancy Filled at General Election.  (a)  If a

26-18    vacancy occurs on or before the 65th day before the date of the

26-19    general election for state and county officers, including the

26-20    nonpartisan judicial election, held in the next-to-last

26-21    even-numbered year of a term of office, the remainder of the

26-22    unexpired term, or for a nonpartisan judicial office the four-year

26-23    term beginning on the next January 1 following the general

26-24    election, shall be filled at the next general election for state

26-25    and county officers, as provided by this chapter.

26-26          (b)  If a vacancy occurs after the 65th day before a general

26-27    election day, an election for the unexpired term, or for a

 27-1    nonpartisan judicial office an election for a new four-year term,

 27-2    may not be held at that general election.  The appointment to fill

 27-3    the vacancy continues until the next succeeding general election

 27-4    and until a successor has been elected and has qualified for the

 27-5    office.

 27-6          Sec. 202.008.  Filing Deadline For Application of Nonpartisan

 27-7    Judicial Candidate.  (a)  If a vacancy in a nonpartisan judicial

 27-8    office occurs on or before the 10th day before the date of the

 27-9    regular deadline for filing an application for a place on the

27-10    nonpartisan judicial election ballot, an application for election

27-11    to the next four-year term must be filed by the regular filing

27-12    deadline.

27-13          (b)  If the vacancy occurs after the 10th day before the date

27-14    of the regular filing deadline, an application for election to the

27-15    next four-year term must be filed not later than 5 p.m. of the 15th

27-16    day after the date the vacancy occurs or 5 p.m. of the 60th day

27-17    before election day, whichever is earlier.

27-18          SECTION 17.  (a)  A district judge in office on the effective

27-19    date of this Act, unless otherwise removed as provided by law, is

27-20    entitled to continue in office for the term to which elected as

27-21    provided by this section.

27-22          (b)  Terms of district judges elected to full terms in the

27-23    general election in 1994 expire January 1, 1999.  Terms of district

27-24    judges elected to full terms in the general election in 1996 expire

27-25    January 1, 2001.

27-26          (c)  The first nonpartisan judicial election shall be the

27-27    election in November 1998.  For the purpose of initiating the

 28-1    election and retention cycle required by Section 24.0016,

 28-2    Government Code, as added by this Act, district judges elected to

 28-3    office and holding office for the terms provided by Subsection (b)

 28-4    of this section stand for reelection or retention in accordance

 28-5    with this subsection.  In the last year of the term provided by

 28-6    Subsection (b) of this section, and at each applicable subsequent

 28-7    nonpartisan judicial election, the judge is subject to retention or

 28-8    rejection unless at the end of that term the judge will have served

 28-9    12 or more consecutive years in the office of district judge of

28-10    that court.  At the end of the term during which the judge has

28-11    served 12 consecutive years in the office of district judge of a

28-12    court, the office is filled by election from the judicial district

28-13    or commissioners court precinct, as applicable.  If the judge is

28-14    reelected, the term is considered the first term to which the judge

28-15    has been elected for purposes of Section 24.0016, Government Code,

28-16    as added by this Act, and in accordance with that section at the

28-17    end of that term and at the end of the immediately following

28-18    continuous term, the judge is subject to retention or rejection.

28-19          SECTION 18.  (a)  Each supreme court justice, court of

28-20    criminal appeals judge, and court of appeals justice in office

28-21    January 1, 1998, unless otherwise removed as provided by law,

28-22    continues in office for the term to which elected.

28-23          (b)  Each supreme court justice, court of criminal appeals

28-24    judge, and court of appeals justice who is in office January 1,

28-25    1998, is subject to confirmation or rejection, in the manner

28-26    provided by law, at the general election preceding the expiration

28-27    of the regular or unexpired term for which each was elected or

 29-1    appointed.  A vacancy does not exist in those offices until the

 29-2    expiration of the term of the person who held the office January 1,

 29-3    1998, or until that person does not hold the office, whichever

 29-4    occurs first.

 29-5          SECTION 19.  This Act takes effect only if the constitutional

 29-6    amendment proposed by the 75th Legislature, Regular Session, 1997,

 29-7    relating to the appointment of appellate justices and judges by the

 29-8    governor and retention or rejection of those justices and judges,

 29-9    to the nonpartisan election and retention or rejection of district

29-10    judges, to the election of district judges in certain counties from

29-11    commissioners court precincts, and to the alteration of the terms

29-12    of certain judicial offices is adopted.  If the amendment is

29-13    adopted, this Act takes effect January 1, 1998.

29-14          SECTION 20.  The importance of this legislation and the

29-15    crowded condition of the calendars in both houses create an

29-16    emergency and an imperative public necessity that the

29-17    constitutional rule requiring bills to be read on three several

29-18    days in each house be suspended, and this rule is hereby suspended.