1-1     By:  Ellis                                             S.B. No. 409

 1-2           (In the Senate - Filed January 31, 1997; February 5, 1997,

 1-3     read first time and referred to Committee on Jurisprudence;

 1-4     April 9, 1997, reported adversely, with favorable Committee

 1-5     Substitute by the following vote:  Yeas 4, Nays 3; April 9, 1997,

 1-6     sent to printer.)

 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 409                    By:  Ellis

 1-8                            A BILL TO BE ENTITLED

 1-9                                   AN ACT

1-10     relating to the appointment of appellate justices and judges, to

1-11     the nonpartisan election of district judges, to the retention or

1-12     rejection of district and appellate judges, and to the creation of

1-13     certain judicial districts.

1-14           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-15           SECTION 1.  Chapter 22, Government Code, is amended by adding

1-16     Subchapter E to read as follows:

1-17             SUBCHAPTER E.  APPOINTMENT AND RETENTION OF CERTAIN

1-18                              JUDICIAL OFFICERS

1-19           Sec. 22.401.  SUBJECT TO RETENTION ELECTION.  (a)  A justice

1-20     or judge is subject to retention or rejection in accordance with

1-21     Chapter 292, Election Code, at the last general election for state

1-22     and county officers to be held before the date the justice's or

1-23     judge's term expires.

1-24           (b)  If a justice or judge does not seek retention, or

1-25     withdraws from the retention election, as provided by Chapter 292,

1-26     Election Code, the vacancy existing at the beginning of the

1-27     succeeding term shall be filled in the regular manner.

1-28           (c)  If a vacancy occurs in the office of a justice or judge

1-29     seeking retention and the justice's or judge's name is omitted from

1-30     the retention election ballot under Chapter 292, Election Code, the

1-31     vacancy shall be filled in the regular manner.

1-32           Sec. 22.402.  EFFECT OF RETENTION VOTE.  (a)  If a majority

1-33     of the votes received on the question are for the retention of the

1-34     justice or judge, the person is entitled to remain in office for a

1-35     regular term of six years beginning on the first day of the

1-36     following January, unless the person becomes ineligible or is

1-37     removed as provided by law.

1-38           (b)  If less than a majority of the votes received on the

1-39     question are for retention, a vacancy in the office exists on the

1-40     first day of the following January, and the vacancy shall be filled

1-41     in the regular manner.

1-42           (c)  If the name of a justice or judge seeking retention

1-43     appears on the retention election ballot under Chapter 292,

1-44     Election Code, although a vacancy has occurred in the office, the

1-45     retention election for that office has no effect, and the vacancy

1-46     shall be filled in the regular manner.

1-47           SECTION 2.  Subchapter A, Chapter 24, Government Code, is

1-48     amended by adding Sections 24.0015, 24.0016, and 24.0017 to read as

1-49     follows:

1-50           Sec. 24.0015.  ELECTION FROM COMMISSIONERS COURT PRECINCT IN

1-51     POPULOUS COUNTIES.  (a)  The judges of the judicial districts

1-52     composed entirely of a county with a population of one million or

1-53     more shall be elected from commissioners court precincts.

1-54           (b)  The secretary of state shall supervise the drawing of

1-55     lots to determine the number of the commissioners court precinct

1-56     from which each of the district judges is elected.  An equal number

1-57     of district judges shall be elected from each commissioners court

1-58     precinct in a county.

1-59           Sec. 24.0016.  ELECTION AND RETENTION CYCLE.  (a)  Except in

1-60     the case of a vacancy filled by appointment and in the case of an

1-61     incumbent judge seeking to be retained in office, the office of

1-62     district judge is filled by election at the nonpartisan judicial

1-63     election in accordance with Chapter 291, Election Code.

1-64           (b)  At the end of a term of office to which a district judge

 2-1     is elected, and at the end of the immediately following continuous

 2-2     term in that office, the judge is subject to retention or rejection

 2-3     by the voters of the judicial district in accordance with Chapter

 2-4     292, Election Code.

 2-5           (c)  At the end of a second continuous term in which a judge

 2-6     has been retained in office, the office is filled by election.

 2-7           (d)  For a judge seeking retention, including a judge elected

 2-8     from a commissioners court precinct, the qualified voters of the

 2-9     entire judicial district are entitled to vote on the issue of

2-10     retention or rejection.

2-11           (e)  If a judge subject to retention or rejection does not

2-12     seek retention as provided by Chapter 292, Election Code, or the

2-13     name of a judge seeking retention is omitted from the retention

2-14     election ballot under that chapter, the succeeding term shall be

2-15     filled at the subsequent nonpartisan judicial election in

2-16     accordance with Chapter 291, Election Code.

2-17           Sec. 24.0017.  EFFECT OF RETENTION VOTE.  (a)  If a majority

2-18     of the votes received on the question are for the retention of the

2-19     judge, the person is entitled to remain in office for a regular

2-20     term of four years beginning on the first day of the following

2-21     January, unless the person becomes ineligible or is removed as

2-22     provided by law.

2-23           (b)  If less than a majority of the votes received on the

2-24     question are for retention, a vacancy in the office exists on the

2-25     first day of the following January, and the vacancy shall be filled

2-26     in the regular manner.

2-27           (c)  If the name of a deceased or ineligible judge who sought

2-28     retention appears on the retention election ballot under Chapter

2-29     292, Election Code, the retention election for that office has no

2-30     effect, and the vacancy existing at the beginning of the succeeding

2-31     term shall be filled in the regular manner.

2-32           SECTION 3.  Subchapter C, Chapter 24, Government Code, is

2-33     amended by adding Sections 24.540 through 24.547 to read as

2-34     follows:

2-35           Sec. 24.540.  395TH JUDICIAL DISTRICT (BEXAR COUNTY). The

2-36     395th Judicial District is composed of Bexar County.

2-37           Sec. 24.541.  396TH JUDICIAL DISTRICT (DALLAS COUNTY). The

2-38     396th Judicial District is composed of Dallas County.

2-39           Sec. 24.542.  397TH JUDICIAL DISTRICT (DALLAS COUNTY). The

2-40     397th Judicial District is composed of Dallas County.

2-41           Sec. 24.543.  398TH JUDICIAL DISTRICT (DALLAS COUNTY). The

2-42     398th Judicial District is composed of Dallas County.

2-43           Sec. 24.544.  399TH JUDICIAL DISTRICT (HARRIS COUNTY). The

2-44     399th Judicial District is composed of Harris County.

2-45           Sec. 24.545.  400TH JUDICIAL DISTRICT (TARRANT COUNTY). The

2-46     400th Judicial District is composed of Tarrant County.

2-47           Sec. 24.546.  401ST JUDICIAL DISTRICT (TARRANT COUNTY). The

2-48     401st Judicial District is composed of Tarrant County.

2-49           Sec. 24.547.  402ND JUDICIAL DISTRICT (TARRANT COUNTY). The

2-50     402nd Judicial District is composed of Tarrant County.

2-51           SECTION 4.  Section 41.002, Election Code, is amended to read

2-52     as follows:

2-53           Sec. 41.002.  GENERAL ELECTION FOR STATE AND COUNTY OFFICERS.

2-54     (a)  The general election for state and county officers, including

2-55     the general nonpartisan judicial election, shall be held on the

2-56     first Tuesday after the first Monday in November in even-numbered

2-57     years.

2-58           (b)  Any runoff nonpartisan judicial election shall be held

2-59     on the first Tuesday after the first Monday in December following

2-60     the general election.

2-61           SECTION 5.  The Election Code is amended by adding Title 17

2-62     to read as follows:

2-63                  TITLE 17.  NONPARTISAN JUDICIAL ELECTIONS

2-64                 CHAPTER 291.  NONPARTISAN JUDICIAL ELECTION

2-65           SUBCHAPTER A.  NONPARTISAN ELECTION OF JUDGES GENERALLY

2-66           Sec. 291.001.  APPLICABILITY OF CHAPTER.  This chapter

2-67     applies only to a judicial office required to be elected at the

2-68     nonpartisan judicial election.

2-69           Sec. 291.002.  PARTY NOMINATION PROHIBITED.  Nomination for a

 3-1     nonpartisan judicial office by a political party is prohibited.

 3-2           Sec. 291.003.  VOTE REQUIRED FOR ELECTION.  (a)  To be

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

 3-4     at least 30 percent of the total number of votes received by all

 3-5     candidates for the office and more votes than any other candidate

 3-6     for the office.

 3-7           (b)  If no candidate for a particular office receives the

 3-8     vote required for election, a runoff election for that office is

 3-9     required.  Except as otherwise provided by this chapter, Subchapter

3-10     B, Chapter 2, applies to a runoff election held under this chapter.

3-11           Sec. 291.004.  APPLICABILITY OF OTHER PARTS OF CODE.  The

3-12     other titles of this code apply to a nonpartisan judicial election

3-13     except provisions that are inconsistent with this title or that

3-14     cannot feasibly be applied in a nonpartisan judicial election.

3-15           Sec. 291.005.  ADDITIONAL PROCEDURES.  The secretary of state

3-16     shall prescribe any additional procedures necessary for the orderly

3-17     and proper administration of elections held under this chapter.

3-18              (Sections 291.006-291.020 reserved for expansion

3-19               SUBCHAPTER B.  APPLICATION FOR PLACE ON BALLOT

3-20           Sec. 291.021.  APPLICATION REQUIRED.  (a)  To be entitled to

3-21     a place on the nonpartisan judicial election ballot, a candidate

3-22     must make an application for a place on the ballot.

3-23           (b)  An application must, in addition to complying with

3-24     Section 141.031, be accompanied by the appropriate filing fee or,

3-25     instead of the filing fee, a petition that satisfies the

3-26     requirements prescribed by Section 141.062.

3-27           (c)  An application filed by mail is considered to be filed

3-28     at the time of its receipt by the appropriate authority.

3-29           (d)  A candidate for an office specified by Section

3-30     291.024(a)(2) who chooses to pay the filing fee must also accompany

3-31     the application with a petition that complies with the requirements

3-32     prescribed for the petition authorized by Subsection (b), except

3-33     that the minimum number of signatures that must appear on the

3-34     petition required by this subsection is 250.  If the candidate

3-35     chooses to file the petition authorized by Subsection (b) instead

3-36     of the filing fee, the minimum number of signatures required for

3-37     that petition is increased by 250.  Signatures on a petition filed

3-38     under this subsection or Subsection (b) by a candidate covered by

3-39     this subsection may not be obtained on the grounds of a county

3-40     courthouse or courthouse annex.

3-41           Sec. 291.022.  AUTHORITY WITH WHOM APPLICATION FILED.  An

3-42     application for a place on the nonpartisan judicial election ballot

3-43     must be filed with the secretary of state.

3-44           Sec. 291.023.  REGULAR FILING DEADLINE.  (a)  An application

3-45     for a place on the nonpartisan judicial election ballot must be

3-46     filed not later than 5 p.m. of the 70th day before election day,

3-47     except as provided by Sections 291.053 and 202.008.

3-48           (b)  An application may not be filed earlier than the 30th

3-49     day before the date of the regular filing deadline.

3-50           Sec. 291.024.  Filing Fee.  (a)  The filing fee for a

3-51     nonpartisan judicial candidate is as follows:

3-52                 (1)  district  judge, criminal   district  judge, or

3-53     family  district   judge,  other   than   a   judge   specified  by

3-54     Subdivision (2) ...........................................  $1,200

3-55                 (2)  district or criminal district judge of a court in

3-56     a judicial district wholly contained in a county with a population

3-57     of more than one million ..................................  $2,000

3-58           (b)  A filing fee received by the secretary of state shall be

3-59     deposited in the state treasury to the credit of the general

3-60     revenue fund.

3-61           Sec. 291.025.  Number of Petition Signatures Required.  The

3-62     minimum number of signatures that must appear on the petition

3-63     authorized by Section 291.021 is the lesser of:

3-64                 (1)  500; or

3-65                 (2)  two percent of the total vote received in the

3-66     district by all the candidates for governor in the most recent

3-67     gubernatorial general election.

3-68           Sec. 291.026.  Statement on Petition.  The following

3-69     statement must appear at the top of each page of a petition to be

 4-1     filed under Section 291.021:  "I know that the purpose of this

 4-2     petition is to entitle (insert candidate's name) to have his name

 4-3     placed on the ballot for the office of (insert office title,

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

 4-5     nonpartisan judicial election."

 4-6           Sec. 291.027.  Certification of Names for Placement on

 4-7     Nonpartisan Judicial Election Ballot.  (a)  Except as provided by

 4-8     Subsection (c), the secretary of state shall certify in writing for

 4-9     placement on the nonpartisan judicial election ballot the name of

4-10     each candidate who files with the secretary an application that

4-11     complies with Section 291.021(b).

4-12           (b)  Not later than the 55th day before election day, the

4-13     secretary of state shall deliver the certification to the authority

4-14     responsible for having the official ballot prepared in each county

4-15     in which the candidate's name is to appear on the ballot.

4-16           (c)  A candidate's name may not be certified:

4-17                 (1)  if, before delivering the certification, the

4-18     secretary of state learns that the name is to be omitted from the

4-19     ballot under Section 291.054; or

4-20                 (2)  for an office for which the candidate's

4-21     application is invalid under Section 141.033.

4-22              (Sections 291.028-291.050 reserved for expansion

4-23             SUBCHAPTER C.  WITHDRAWAL, DEATH, AND INELIGIBILITY

4-24                                OF CANDIDATE

4-25           Sec. 291.051.  Withdrawal, Death, or Ineligibility Generally.

4-26     With respect to withdrawal, death, or ineligibility of a candidate

4-27     in a nonpartisan judicial election, this subchapter supersedes

4-28     Subchapter A, Chapter 145, to the extent of any conflict.

4-29           Sec. 291.052.  Withdrawal From Nonpartisan Judicial Election.

4-30     (a)  A candidate may not withdraw from the nonpartisan judicial

4-31     election after the 65th day before election day.

4-32           (b)  A withdrawal request must be filed with the authority

4-33     with whom the withdrawing candidate's application for a place on

4-34     the ballot is required to be filed.

4-35           Sec. 291.053.  Extended Filing Deadline.  (a)  The deadline

4-36     for filing an application for a place on the nonpartisan judicial

4-37     election ballot is extended as provided by this section if a

4-38     candidate who has made an application that complies with the

4-39     applicable requirements:

4-40                 (1)  dies on or after the fifth day before the date of

4-41     the regular filing deadline and on or before the 65th day before

4-42     election day;

4-43                 (2)  holds the office for which the application was

4-44     made and withdraws or is declared ineligible on or after the date

4-45     of the regular filing deadline and on or before the 65th day before

4-46     election day; or

4-47                 (3)  withdraws or is declared ineligible during the

4-48     period prescribed by Subdivision (2), and at the time of the

4-49     withdrawal or declaration of ineligibility no other candidate has

4-50     made an application that complies with the applicable requirements

4-51     for the office sought by the withdrawn or ineligible candidate.

4-52           (b)  The filing deadline is also extended if a candidate for

4-53     retention who has made a declaration of candidacy that complies

4-54     with Section 292.001 dies, withdraws, or is declared ineligible on

4-55     or after the fifth day before the date of the regular filing

4-56     deadline for applications and on or before the 65th day before

4-57     election day.

4-58           (c)  An application for an office sought by a withdrawn,

4-59     deceased, or ineligible candidate must be filed not later than

4-60     5 p.m. of the 60th day before election day.

4-61           (d)  If the deadline for filing applications is extended,

4-62     notice of the extended filing shall be given in the same manner as

4-63     provided for a primary election.

4-64           Sec. 291.054.  Withdrawn, Deceased, or Ineligible Candidate's

4-65     Name Omitted From Ballot.  A candidate's name shall be omitted from

4-66     the nonpartisan judicial election ballot if the candidate

4-67     withdraws, dies, or is declared ineligible on or before the 65th

4-68     day before election day.

4-69           Sec. 291.055.  Deceased or Ineligible Candidate's Name to

 5-1     Appear on Ballot.  If a candidate who has made an application for a

 5-2     place on the nonpartisan judicial election ballot that complies

 5-3     with the applicable requirements dies or is declared ineligible

 5-4     after the 65th day before election day, the candidate's name shall

 5-5     be placed on the ballot.

 5-6           Sec. 291.056.  WITHDRAWAL FROM RUNOFF.  (a)  A candidate may

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

 5-8     p.m. of the 10th day after the date of the general nonpartisan

 5-9     judicial election.

5-10           (b)  A withdrawal request for the runoff must be filed with

5-11     the authority with whom the withdrawing candidate's application for

5-12     a place on the ballot is required to be filed.

5-13           (c)  If a runoff candidate withdraws, the remaining candidate

5-14     is the winner and the runoff election for that office is not held.

5-15           Sec. 291.057.  DECEASED OR INELIGIBLE CANDIDATE'S NAME TO

5-16     APPEAR ON RUNOFF BALLOT.  If a candidate in the runoff nonpartisan

5-17     judicial election dies or is declared ineligible before runoff

5-18     election day, the candidate's name shall be placed on the ballot.

5-19              (Sections 291.058-291.070 reserved for expansion

5-20                     SUBCHAPTER D.  CONDUCT OF ELECTION

5-21           Sec. 291.071.  Nonpartisan Judicial Election Ballot.  The

5-22     nonpartisan judicial offices and candidates shall be listed as a

5-23     separate ballot on the general election ballot following the

5-24     partisan offices under the heading "Election For Nonpartisan

5-25     Judicial Offices."

5-26           Sec. 291.072.  General Procedure for Conduct of Nonpartisan

5-27     Judicial Election.  Except as otherwise provided by this code, the

5-28     nonpartisan judicial election shall be conducted and the results

5-29     canvassed, tabulated, and reported in the manner applicable to

5-30     partisan offices in the general election for state and county

5-31     officers.

5-32           Sec. 291.073.  CERTIFICATION OF CANDIDATES FOR PLACEMENT ON

5-33     RUNOFF BALLOT.  (a)  The secretary of state shall certify in

5-34     writing for placement on the runoff nonpartisan judicial election

5-35     ballot the name of each candidate who is to be a candidate in the

5-36     runoff.

5-37           (b)  The secretary of state shall deliver the certification

5-38     to the authority responsible for having the official ballot

5-39     prepared in each affected county as soon as practicable after the

5-40     state canvass of the general nonpartisan judicial election is

5-41     completed.

5-42           Sec. 291.074.  GENERAL PROCEDURE FOR CONDUCT OF RUNOFF

5-43     NONPARTISAN JUDICIAL ELECTION.  The runoff nonpartisan judicial

5-44     election shall be conducted and the results canvassed, tabulated,

5-45     and reported in the same manner as the general nonpartisan judicial

5-46     election.

5-47                      CHAPTER 292.  RETENTION ELECTION

5-48           Sec. 292.001.  Declaration of Candidacy.  (a)  Not later than

5-49     5 p.m. on June 1 preceding the nonpartisan judicial election at

5-50     which the justice or judge is subject to retention or rejection, a

5-51     justice or judge who seeks to continue to serve in that office must

5-52     file with the secretary of state a declaration of candidacy to

5-53     succeed to the next term.

5-54           (b)  A declaration may not be filed earlier than the 30th day

5-55     before the date of the filing deadline.  A declaration filed by

5-56     mail is considered to be filed at the time of its receipt by the

5-57     appropriate authority.

5-58           (c)  The filling of the office for which a declaration of

5-59     candidacy is not filed is covered by Chapter 22 or 24, Government

5-60     Code, as applicable.

5-61           Sec. 292.002.  Withdrawal, Death, or Ineligibility.

5-62     (a)  With respect to withdrawal, death, or ineligibility of a

5-63     candidate in a retention election, this section supersedes

5-64     Subchapter A, Chapter 145, to the extent of any conflict.

5-65           (b)  A candidate may not withdraw from the retention election

5-66     after the 65th day before election day.

5-67           (c)  A withdrawal request must be filed with the authority

5-68     with whom the withdrawing candidate's declaration of candidacy is

5-69     required to be filed.

 6-1           (d)  A candidate's name shall be omitted from the retention

 6-2     election ballot if the candidate withdraws, dies, or is declared

 6-3     ineligible on or before the 65th day before election day.

 6-4           (e)  If a candidate who has made a declaration of candidacy

 6-5     that complies with the applicable requirements dies or is declared

 6-6     ineligible after the 65th day before election day, the candidate's

 6-7     name shall be placed on the retention election ballot.

 6-8           (f)  The filling of the office following implementation of

 6-9     Subsection (d) or (e) is covered by Chapter 22 or 24, Government

6-10     Code, as applicable.

6-11           Sec. 292.003.  Certification of Names for Placement on

6-12     Retention Election Ballot.  (a)  Except as provided by Subsection

6-13     (c), the secretary of state shall certify in writing for placement

6-14     on the retention election ballot the name of each candidate who

6-15     files with the secretary a declaration of candidacy that complies

6-16     with Section 292.001.

6-17           (b)  Not later than the 55th day before election day, the

6-18     secretary of state shall deliver the certification to the authority

6-19     responsible for having the official ballot prepared in each county

6-20     in which the candidate's name is to appear on the ballot.

6-21           (c)  A candidate's name may not be certified if, before

6-22     delivering the certification, the secretary of state learns that

6-23     the name is to be omitted from the ballot under Section 292.002.

6-24           Sec. 292.004.  Retention Election Ballot.  The name of the

6-25     person subject to retention or rejection shall be submitted to the

6-26     voters on the nonpartisan judicial election ballot following the

6-27     offices subject to election under the heading "Retention of

6-28     Nonpartisan Judicial Offices," in substantially the following form:

6-29                     "Shall (Justice or Judge)__________________________

6-30                     ___________________________________________________

6-31                     be retained in office  as (justice or judge) of the

6-32                     (name of court)__________________________________?"

6-33                 ____"Yes"

6-34                 ____"No"

6-35           Sec. 292.005.  General Procedure for Conduct of Retention

6-36     Election.  (a)  Except as otherwise provided by this code, the

6-37     retention election shall be conducted and the results canvassed,

6-38     tabulated, and reported in the manner applicable to partisan

6-39     offices in the general election for state and county officers.

6-40           (b)  A certificate of election shall be issued to a retained

6-41     officer in the same manner as provided for a candidate elected to

6-42     the office.

6-43           Sec. 292.006.  WRITE-IN VOTING PROHIBITED.  Write-in voting

6-44     is not permitted in a retention election.

6-45           Sec. 292.007.  Political Contributions and Expenditures.  A

6-46     candidate for retention of a judicial office is subject to Title 15

6-47     and shall comply with that title in the same manner as a candidate

6-48     for election to the office.

6-49           Sec. 292.008.  Applicability of Other Parts of Code.  The

6-50     other titles of this code apply to a retention election under this

6-51     chapter except provisions that are inconsistent with this title or

6-52     that cannot feasibly be applied in a retention election.

6-53           Sec. 292.009.  Additional Procedures.  The secretary of state

6-54     shall prescribe any additional procedures necessary for the orderly

6-55     and proper administration of elections held under this chapter.

6-56           SECTION 6.  Section 1.005, Election Code, is amended by

6-57     amending Subdivision (9) and adding Subdivisions (25) and (26) to

6-58     read as follows:

6-59                 (9)  "Independent candidate" means a candidate in a

6-60     nonpartisan election or a candidate in a partisan election who is

6-61     not the nominee of a political party.  The term does not include a

6-62     nonpartisan judicial candidate.

6-63                 (25)  "Nonpartisan judicial election" means an election

6-64     held under Title 17.

6-65                 (26)  "Nonpartisan judicial candidate" means a

6-66     candidate in a nonpartisan judicial election.

6-67           SECTION 7.  Section 52.092, Election Code, is amended to read

6-68     as follows:

6-69           Sec. 52.092.  Offices Regularly Filled at General Election

 7-1     for State and County Officers.  (a)  For an election at which

 7-2     offices regularly filled at the general election for state and

 7-3     county officers, including the nonpartisan judicial election, are

 7-4     to appear on the ballot, the offices shall be listed in the

 7-5     following order:

 7-6                 (1)  offices of the federal government;

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

 7-8                       (A)  statewide offices;

 7-9                       (B)  district offices;

7-10                 (3)  offices of the county government:

7-11                       (A)  county offices;

7-12                       (B)  precinct offices.

7-13           (b)  Offices of the federal government shall be listed in the

7-14     following order:

7-15                 (1)  president and vice-president of the United States;

7-16                 (2)  United States senator;

7-17                 (3)  United States representative.

7-18           (c)  Statewide offices of the state government shall be

7-19     listed in the following order:

7-20                 (1)  governor;

7-21                 (2)  lieutenant governor;

7-22                 (3)  attorney general;

7-23                 (4)  comptroller of public accounts;

7-24                 (5)  [state treasurer;]

7-25                 [(6)]  commissioner of the General Land Office;

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

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

7-28                 [(9)  chief justice, supreme court;]

7-29                 [(10)  justice, supreme court;]

7-30                 [(11)  presiding judge, court of criminal appeals;]

7-31                 [(12)  judge, court of criminal appeals].

7-32           (d)  District offices of the state government shall be listed

7-33     in the following order:

7-34                 (1)  member, State Board of Education;

7-35                 (2)  state senator;

7-36                 (3)  state representative;

7-37                 (4)  [chief justice, court of appeals;]

7-38                 [(5)  justice, court of appeals;]

7-39                 [(6)  district judge;]

7-40                 [(7)  criminal district judge;]

7-41                 [(8)  family district judge;]

7-42                 [(9)]  district attorney;

7-43                 (5) [(10)]  criminal district attorney.

7-44           (e)  County offices shall be listed in the following order:

7-45                 (1)  county judge;

7-46                 (2)  judge, county court at law;

7-47                 (3)  judge, county criminal court;

7-48                 (4)  judge, county probate court;

7-49                 (5)  county attorney;

7-50                 (6)  district clerk;

7-51                 (7)  district and county clerk;

7-52                 (8)  county clerk;

7-53                 (9)  sheriff;

7-54                 (10)  sheriff and tax assessor-collector;

7-55                 (11)  county tax assessor-collector;

7-56                 (12)  county treasurer;

7-57                 (13)  county school trustee (county with population of

7-58     two million or more);

7-59                 (14)  county surveyor;

7-60                 (15)  inspector of hides and animals.

7-61           (f)  Precinct offices shall be listed in the following order:

7-62                 (1)  county commissioner;

7-63                 (2)  justice of the peace;

7-64                 (3)  constable;

7-65                 (4)  public weigher.

7-66           (g)  Nonpartisan judicial offices shall be listed in the

7-67     following order:

7-68                 (1)  chief justice, supreme court;

7-69                 (2)  justice, supreme court;

 8-1                 (3)  presiding judge, court of criminal appeals;

 8-2                 (4)  judge, court of criminal appeals;

 8-3                 (5)  chief justice, court of appeals;

 8-4                 (6)  justice, court of appeals;

 8-5                 (7)  district judge;

 8-6                 (8)  criminal district judge;

 8-7                 (9)  family district judge.

 8-8           (h)  If two or more offices having the same title except for

 8-9     a place number or other distinguishing number are to appear on the

8-10     ballot, the number shall appear as part of the office title and the

8-11     offices shall be listed in numerical order.

8-12           (i) [(h)]  The secretary of state shall assign a place number

8-13     to each position for which a retention [to be filled at the

8-14     general] election is to be held for [state and county officers for

8-15     each full or unexpired term in] the following offices:

8-16                 (1)  justice, supreme court;

8-17                 (2)  judge, court of criminal appeals; and

8-18                 (3)  justice, court of appeals in a court having a

8-19     membership in excess of three, if distinguishing the positions to

8-20     be filled is necessary.

8-21           (j) [(i)]  The secretary of state shall designate the

8-22     position of new offices on the ballot.

8-23           (k) [(j)]  The office of judge of a multicounty statutory

8-24     county court created under Subchapter D, Chapter 25, Government

8-25     Code, is considered to be a county office for purposes of listing

8-26     the office on the ballot and to be a district office for all other

8-27     purposes under this code.

8-28           SECTION 8.  Section 67.003, Election Code, is amended to read

8-29     as follows:

8-30           Sec. 67.003.  TIME FOR LOCAL CANVASS.  Each local canvassing

8-31     authority shall convene to conduct the local canvass not earlier

8-32     than the second day or later than the sixth day after election day

8-33     at the time set by the canvassing authority's presiding officer,

8-34     except that the canvass for the nonpartisan judicial election shall

8-35     be conducted not later than the third day after election day.

8-36           SECTION 9.  Subsection (a), Section 67.012, Election Code, is

8-37     amended to read as follows:

8-38           (a)  The governor shall conduct the state canvass not earlier

8-39     than the 15th or later than the 30th day after election day at the

8-40     time set by the secretary of state, except that the canvass for the

8-41     nonpartisan judicial election shall be conducted not later than the

8-42     14th day after election day.

8-43           SECTION 10.  Subsection (a), Section 141.001, Election Code,

8-44     is amended to read as follows:

8-45           (a)  To be eligible to be a candidate for, or elected or

8-46     appointed to, a public elective office in this state, a person

8-47     must:

8-48                 (1)  be a United States citizen;

8-49                 (2)  be 18 years of age or older on the first day of

8-50     the term to be filled at the election or on the date of

8-51     appointment, as applicable;

8-52                 (3)  have not been determined mentally incompetent by a

8-53     final judgment of a court;

8-54                 (4)  have not been finally convicted of a felony from

8-55     which the person has not been pardoned or otherwise released from

8-56     the resulting disabilities;

8-57                 (5)  have resided continuously in the state for 12

8-58     months and in the territory from which the office is elected for

8-59     six months immediately preceding the following date:

8-60                       (A)  for a candidate whose name is to appear on a

8-61     general primary election ballot, the date of the regular filing

8-62     deadline for a candidate's application for a place on the ballot;

8-63                       (B)  for an independent candidate or a

8-64     nonpartisan judicial candidate, other than a candidate for

8-65     retention, the date of the regular filing deadline for a

8-66     candidate's application for a place on the ballot;

8-67                       (C)  for a write-in candidate, the date of the

8-68     election at which the candidate's name is written in;

8-69                       (D)  for a party nominee who is nominated by any

 9-1     method other than by primary election, the date the nomination is

 9-2     made; and

 9-3                       (E)  for an appointee to an office, the date the

 9-4     appointment is made; and

 9-5                 (6)  satisfy any other eligibility requirements

 9-6     prescribed by law for the office.

 9-7           SECTION 11.  Subsection (b), Section 145.003, Election Code,

 9-8     is amended to read as follows:

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

9-10     officers, including the nonpartisan judicial election, may be

9-11     declared ineligible before the 30th day preceding election day by:

9-12                 (1)  the party officer responsible for certifying the

9-13     candidate's name for placement on the general election ballot, in

9-14     the case of a candidate who is a political party's nominee; or

9-15                 (2)  the authority with whom the candidate's

9-16     application for a place on the ballot or declaration of candidacy

9-17     is required to be filed, in the case of an independent candidate or

9-18     a nonpartisan judicial candidate, as applicable.

9-19           SECTION 12.  Subsection (a), Section 145.005, Election Code,

9-20     is amended to read as follows:

9-21           (a)  If the name of a deceased or ineligible candidate

9-22     appears on the ballot [under this chapter], the votes cast for the

9-23     candidate shall be counted and entered on the official election

9-24     returns in the same manner as for the other candidates.

9-25           SECTION 13.  Section 146.021, Election Code, is amended to

9-26     read as follows:

9-27           Sec. 146.021.  Applicability of Subchapter.  This subchapter

9-28     applies to a write-in candidate for an office that is to be voted

9-29     on at the general election for state and county officers, including

9-30     the nonpartisan judicial election.

9-31           SECTION 14.  Subsections (c) and (e), Section 172.021,

9-32     Election Code, are amended to read as follows:

9-33           (c)  An application filed by mail is considered to be filed

9-34     at the time of its receipt by the appropriate authority.

9-35           (e)  A candidate for an office specified by Section

9-36     172.024(a)(8) [, (10), or (12)], or for justice of the peace in a

9-37     county with a population of more than one million [850,000], who

9-38     chooses to pay the filing fee must also accompany the application

9-39     with a petition that complies with the requirements prescribed for

9-40     the petition authorized by Subsection (b), except that the minimum

9-41     number of signatures that must appear on the petition required by

9-42     this subsection is 250.  If the candidate chooses to file the

9-43     petition authorized by Subsection (b) instead of the filing fee,

9-44     the minimum number of signatures required for that petition is

9-45     increased by 250.  Signatures on a petition filed under this

9-46     subsection or Subsection (b) by a candidate covered by this

9-47     subsection may not be obtained on the grounds of a county

9-48     courthouse or courthouse annex.

9-49           SECTION 15.  Subsection (a), Section 172.024, Election Code,

9-50     is amended to read as follows:

9-51           (a)  The filing fee for a candidate for nomination in the

9-52     general primary election is as follows:

9-53                 (1)  United States senator ..................... $4,000

9-54                 (2)  office elected statewide, except United States

9-55                      senator .................................... 3,000

9-56                 (3)  United States representative ............... 2,500

9-57                 (4)  state senator .............................. 1,000

9-58                 (5)  state representative ......................... 600

9-59                 (6)  member, State Board of Education ............. 250

9-60                 (7)  [chief justice or justice, court of appeals, other

9-61                        than a justice  specified  by   Subdivision (8)

9-62                        .......................................... 1,500]

9-63                 [(8)  chief justice or justice of a court of appeals

9-64                        that serves a court of appeals district in which

9-65                        a county with a population of more than 850,000

9-66                        is wholly or partly situated ............. 2,000]

9-67                 [(9)  district judge or judge specified by Section

9-68                        52.092(d) for which this schedule does not

9-69                        otherwise prescribe a fee ................ 1,200]

 10-1                [(10)  district or criminal district judge of a court

 10-2                       in a judicial district wholly contained in a

 10-3                       county with a population of more than 850,000

 10-4                       .......................................... 2,000]

 10-5                [(11)]  judge, statutory county court, other than a

 10-6                       judge specified by Subdivision (8) [(12)]

 10-7                       .......................................... 1,200

 10-8                (8) [(12)]  judge of a statutory county court in a

 10-9                       county with a population of more than one

10-10                       million [850,000] ........................ 2,000

10-11                (9) [(13)]  district attorney, criminal district

10-12                       attorney, or county attorney performing the

10-13                       duties of a district attorney ............ 1,000

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

10-15                     constitutional county court:

10-16                     (A)  county    with   a    population  of  200,000

10-17                          or more ............................... 1,000

10-18                     (B)  county   with   a    population    of   under

10-19                          200,000 ................................. 600

10-20                (11) [(15)]  justice of the peace or constable:

10-21                     (A)  county   with   a   population   of   200,000

10-22                          or more ................................. 800

10-23                     (B)  county   with   a    population    of   under

10-24                          200,000 ................................. 300

10-25                (12) [(16)]  county surveyor, inspector of hides and

10-26                     animals, or public weigher .................... 50

10-27                (13) [(17)]  office of the  county  government for

10-28                      which this    schedule    does    not otherwise

10-29                      prescribe a fee ............................. 600

10-30          SECTION 16.  Chapter 202, Election Code, is amended by

10-31    amending Section 202.002 and by adding Section 202.008 to read as

10-32    follows:

10-33          Sec. 202.002.  Vacancy Filled at General Election.  (a)  If a

10-34    vacancy occurs on or before the 65th day before the date of the

10-35    general election for state and county officers, including the

10-36    nonpartisan judicial election, held in the next-to-last

10-37    even-numbered year of a term of office, the remainder of the

10-38    unexpired term, or for a nonpartisan judicial office the four-year

10-39    term beginning on the next January 1 following the general

10-40    election, shall be filled at the next general election for state

10-41    and county officers, as provided by this chapter.

10-42          (b)  If a vacancy occurs after the 65th day before a general

10-43    election day, an election for the unexpired term, or for a

10-44    nonpartisan judicial office an election for a new four-year term,

10-45    may not be held at that general election.  The appointment to fill

10-46    the vacancy continues until the next succeeding general election

10-47    and until a successor has been elected and has qualified for the

10-48    office.

10-49          Sec. 202.008.  Filing Deadline For Application of Nonpartisan

10-50    Judicial Candidate.  (a)  If a vacancy in a nonpartisan judicial

10-51    office occurs on or before the 10th day before the date of the

10-52    regular deadline for filing an application for a place on the

10-53    nonpartisan judicial election ballot, an application for election

10-54    to the next four-year term must be filed by the regular filing

10-55    deadline.

10-56          (b)  If the vacancy occurs after the 10th day before the date

10-57    of the regular filing deadline, an application for election to the

10-58    next four-year term must be filed not later than 5 p.m. of the 15th

10-59    day after the date the vacancy occurs or 5 p.m. of the 60th day

10-60    before election day, whichever is earlier.

10-61          SECTION 17.  (a)  A district judge in office on the effective

10-62    date of this Act, unless otherwise removed as provided by law, is

10-63    entitled to continue in office for the term to which elected as

10-64    provided by this section.

10-65          (b)  Terms of district judges elected to full terms in the

10-66    general election in 1994 expire January 1, 1999.  Terms of district

10-67    judges elected to full terms in the general election in 1996 expire

10-68    January 1, 2001.

10-69          (c)  The first nonpartisan judicial election shall be the

 11-1    election in November, 1998.  For the purpose of initiating the

 11-2    election and retention cycle required by Section 24.0016,

 11-3    Government Code, as added by this Act, district judges elected to

 11-4    office and holding office for the terms provided by Subsection (b)

 11-5    of this section stand for reelection or retention in accordance

 11-6    with this subsection.  In the last year of the term provided by

 11-7    Subsection (b) of this section, and at each applicable subsequent

 11-8    nonpartisan judicial election, the judge is subject to retention or

 11-9    rejection unless at the end of that term the judge will have served

11-10    12 or more consecutive years in the office of district judge of

11-11    that court.  At the end of the term during which the judge has

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

11-13    court, the office is filled by election from the judicial district

11-14    or commissioners court precinct, as applicable.  If the judge is

11-15    reelected, the term is considered the first term to which the judge

11-16    has been elected for purposes of Section 24.0016, Government Code,

11-17    as added by this Act, and in accordance with that section at the

11-18    end of that term and at the end of the immediately following

11-19    continuous term, the judge is subject to retention or rejection.

11-20          SECTION 18.  (a)  Each supreme court justice, court of

11-21    criminal appeals judge, and court of appeals justice in office

11-22    January 1, 1998, unless otherwise removed as provided by law,

11-23    continues in office for the term to which elected.

11-24          (b)  Each supreme court justice, court of criminal appeals

11-25    judge, and court of appeals justice who is in office January 1,

11-26    1998, is subject to confirmation or rejection, in the manner

11-27    provided by law, at the general election preceding the expiration

11-28    of the regular or unexpired term for which each was elected or

11-29    appointed.  A vacancy does not exist in those offices until the

11-30    expiration of the term of the person who held the office January 1,

11-31    1998, or until that person does not hold the office, whichever

11-32    occurs first.

11-33          SECTION 19.  This Act takes effect only if the constitutional

11-34    amendment proposed by the 75th Legislature, Regular Session, 1997,

11-35    relating to the appointment of appellate justices and judges by the

11-36    governor and retention or rejection of those justices and judges,

11-37    to the nonpartisan election and retention or rejection of district

11-38    judges, to the election of district judges in certain counties from

11-39    commissioners court precincts, and to the alteration of the terms

11-40    of certain judicial offices is adopted.  If the amendment is

11-41    adopted, this Act takes effect January 1, 1998.

11-42          SECTION 20.  The importance of this legislation and the

11-43    crowded condition of the calendars in both houses create an

11-44    emergency and an imperative public necessity that the

11-45    constitutional rule requiring bills to be read on three several

11-46    days in each house be suspended, and this rule is hereby suspended.

11-47                                 * * * * *