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.