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 * * * * *