By Gallegos S.B. No. 628
75R5334 GGS-F
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 STATE REPRESENTATIVE DISTRICTS
2-19 OR COMMISSIONERS COURT PRECINCTS IN CERTAIN POPULOUS COUNTIES. (a)
2-20 The judges of the judicial districts composed entirely of a county
2-21 with a population of 2.5 million or more shall be elected from
2-22 state representative districts. The judges of the judicial
2-23 districts composed entirely of a county with a population of one
2-24 million or more by less than 2.5 million shall be elected from
2-25 commissioners court precincts.
2-26 (b) The secretary of state shall supervise the drawing of
2-27 lots to determine the number of the state representative district
3-1 or commissioners court precinct, as applicable, from which each of
3-2 the district judges is elected. An equal number of district judges
3-3 shall be elected from each state representative district or
3-4 commissioners court precinct, as applicable, in a county.
3-5 Sec. 24.0016. ELECTION AND RETENTION CYCLE. (a) Except in
3-6 the case of a vacancy filled by appointment and in the case of an
3-7 incumbent judge seeking to be retained in office, the office of
3-8 district judge is filled by election at the nonpartisan judicial
3-9 election in accordance with Chapter 291, Election Code.
3-10 (b) At the end of a term of office to which a district judge
3-11 is elected, and at the end of the immediately following continuous
3-12 term in that office, the judge is subject to retention or rejection
3-13 by the voters of the judicial district in accordance with Chapter
3-14 292, Election Code.
3-15 (c) At the end of a second continuous term in which a judge
3-16 has been retained in office, the office is filled by election.
3-17 (d) For a judge seeking retention, including a judge elected
3-18 from a state representative district or commissioners court
3-19 precinct, the qualified voters of the entire judicial district are
3-20 entitled to vote on the issue of retention or rejection.
3-21 (e) If a judge subject to retention or rejection does not
3-22 seek retention as provided by Chapter 292, Election Code, or the
3-23 name of a judge seeking retention is omitted from the retention
3-24 election ballot under that chapter, the succeeding term shall be
3-25 filled at the subsequent nonpartisan judicial election in
3-26 accordance with Chapter 291, Election Code.
3-27 Sec. 24.0017. EFFECT OF RETENTION VOTE. (a) If a majority
4-1 of the votes received on the question are for the retention of the
4-2 judge, the person is entitled to remain in office for a regular
4-3 term of four years beginning on the first day of the following
4-4 January, unless the person becomes ineligible or is removed as
4-5 provided by law.
4-6 (b) If less than a majority of the votes received on the
4-7 question are for retention, a vacancy in the office exists on the
4-8 first day of the following January, and the vacancy shall be filled
4-9 in the regular manner.
4-10 (c) If the name of a deceased or ineligible judge who sought
4-11 retention appears on the retention election ballot under Chapter
4-12 292, Election Code, the retention election for that office has no
4-13 effect, and the vacancy existing at the beginning of the succeeding
4-14 term shall be filled in the regular manner.
4-15 SECTION 3. Subchapter C, Chapter 24, Government Code, is
4-16 amended by adding Sections 24.540-24.547 to read as follows:
4-17 Sec. 24.540. 395TH JUDICIAL DISTRICT (BEXAR COUNTY). The
4-18 395th Judicial District is composed of Bexar County.
4-19 Sec. 24.541. 396TH JUDICIAL DISTRICT (DALLAS COUNTY). The
4-20 396th Judicial District is composed of Dallas County.
4-21 Sec. 24.542. 397TH JUDICIAL DISTRICT (DALLAS COUNTY). The
4-22 397th Judicial District is composed of Dallas County.
4-23 Sec. 24.543. 398TH JUDICIAL DISTRICT (DALLAS COUNTY). The
4-24 398th Judicial District is composed of Dallas County.
4-25 Sec. 24.544. 399TH JUDICIAL DISTRICT (HARRIS COUNTY). The
4-26 399th Judicial District is composed of Harris County.
4-27 Sec. 24.545. 400TH JUDICIAL DISTRICT (TARRANT COUNTY). The
5-1 400th Judicial District is composed of Tarrant County.
5-2 Sec. 24.546. 401ST JUDICIAL DISTRICT (TARRANT COUNTY). The
5-3 401st Judicial District is composed of Tarrant County.
5-4 Sec. 24.547. 402ND JUDICIAL DISTRICT (TARRANT COUNTY). The
5-5 402nd Judicial District is composed of Tarrant County.
5-6 SECTION 4. Section 41.002, Election Code, is amended to read
5-7 as follows:
5-8 Sec. 41.002. GENERAL ELECTION FOR STATE AND COUNTY OFFICERS.
5-9 The general election for state and county officers, including the
5-10 nonpartisan judicial election, shall be held on the first Tuesday
5-11 after the first Monday in November in even-numbered years.
5-12 SECTION 5. The Election Code is amended by adding Title 17
5-13 to read as follows:
5-14 TITLE 17. NONPARTISAN JUDICIAL ELECTIONS
5-15 CHAPTER 291. NONPARTISAN JUDICIAL ELECTION
5-16 SUBCHAPTER A. NONPARTISAN ELECTION OF JUDGES GENERALLY
5-17 Sec. 291.001. APPLICABILITY OF CHAPTER. This chapter
5-18 applies only to a judicial office required to be elected at the
5-19 nonpartisan judicial election.
5-20 Sec. 291.002. PARTY NOMINATION PROHIBITED. Nomination for a
5-21 nonpartisan judicial office by a political party is prohibited.
5-22 Sec. 291.003. APPLICABILITY OF OTHER PARTS OF CODE. The
5-23 other titles of this code apply to a nonpartisan judicial election
5-24 except provisions that are inconsistent with this title or that
5-25 cannot feasibly be applied in a nonpartisan judicial election.
5-26 Sec. 291.004. ADDITIONAL PROCEDURES. The secretary of state
5-27 shall prescribe any additional procedures necessary for the orderly
6-1 and proper administration of elections held under this chapter.
6-2 (Sections 291.005-291.020 reserved for expansion
6-3 SUBCHAPTER B. APPLICATION FOR PLACE ON BALLOT
6-4 Sec. 291.021. APPLICATION REQUIRED. (a) To be entitled to
6-5 a place on the nonpartisan judicial election ballot, a candidate
6-6 must make an application for a place on the ballot.
6-7 (b) An application must, in addition to complying with
6-8 Section 141.031, be accompanied by the appropriate filing fee or,
6-9 instead of the filing fee, a petition that satisfies the
6-10 requirements prescribed by Section 141.062.
6-11 (c) An application filed by mail is considered to be filed
6-12 at the time of its receipt by the appropriate authority.
6-13 (d) A candidate for an office specified by Section
6-14 291.024(a)(2) who chooses to pay the filing fee must also accompany
6-15 the application with a petition that complies with the requirements
6-16 prescribed for the petition authorized by Subsection (b), except
6-17 that the minimum number of signatures that must appear on the
6-18 petition required by this subsection is 250. If the candidate
6-19 chooses to file the petition authorized by Subsection (b) instead
6-20 of the filing fee, the minimum number of signatures required for
6-21 that petition is increased by 250. Signatures on a petition filed
6-22 under this subsection or Subsection (b) by a candidate covered by
6-23 this subsection may not be obtained on the grounds of a county
6-24 courthouse or courthouse annex.
6-25 Sec. 291.022. AUTHORITY WITH WHOM APPLICATION FILED. An
6-26 application for a place on the nonpartisan judicial election ballot
6-27 must be filed with the secretary of state.
7-1 Sec. 291.023. REGULAR FILING DEADLINE. (a) An application
7-2 for a place on the nonpartisan judicial election ballot must be
7-3 filed not later than 5 p.m. of the 70th day before election day,
7-4 except as provided by Sections 291.053 and 202.008.
7-5 (b) An application may not be filed earlier than the 30th
7-6 day before the date of the regular filing deadline.
7-7 Sec. 291.024. Filing Fee. (a) The filing fee for a
7-8 nonpartisan judicial candidate is as follows:
7-9 (1) district judge, criminal district judge, or
7-10 family district judge, other than a judge specified by
7-11 Subdivision (2) ........................................... $1,200
7-12 (2) district or criminal district judge of a court in
7-13 a judicial district wholly contained in a county with a population
7-14 of more than one million .................................. $2,000
7-15 (b) A filing fee received by the secretary of state shall be
7-16 deposited in the state treasury to the credit of the general
7-17 revenue fund.
7-18 Sec. 291.025. Number of Petition Signatures Required. The
7-19 minimum number of signatures that must appear on the petition
7-20 authorized by Section 291.021 is the lesser of:
7-21 (1) 500; or
7-22 (2) two percent of the total vote received in the
7-23 district by all the candidates for governor in the most recent
7-24 gubernatorial general election.
7-25 Sec. 291.026. Statement on Petition. The following
7-26 statement must appear at the top of each page of a petition to be
7-27 filed under Section 291.021: "I know that the purpose of this
8-1 petition is to entitle (insert candidate's name) to have his name
8-2 placed on the ballot for the office of (insert office title,
8-3 including any place number or other distinguishing number) for the
8-4 nonpartisan judicial election."
8-5 Sec. 291.027. Certification of Names for Placement on
8-6 Nonpartisan Judicial Election Ballot. (a) Except as provided by
8-7 Subsection (c), the secretary of state shall certify in writing for
8-8 placement on the nonpartisan judicial election ballot the name of
8-9 each candidate who files with the secretary an application that
8-10 complies with Section 291.021(b).
8-11 (b) Not later than the 55th day before election day, the
8-12 secretary of state shall deliver the certification to the authority
8-13 responsible for having the official ballot prepared in each county
8-14 in which the candidate's name is to appear on the ballot.
8-15 (c) A candidate's name may not be certified:
8-16 (1) if, before delivering the certification, the
8-17 secretary of state learns that the name is to be omitted from the
8-18 ballot under Section 291.054; or
8-19 (2) for an office for which the candidate's
8-20 application is invalid under Section 141.033.
8-21 (Sections 291.028-291.050 reserved for expansion
8-22 SUBCHAPTER C. WITHDRAWAL, DEATH, AND INELIGIBILITY
8-23 OF CANDIDATE
8-24 Sec. 291.051. Withdrawal, Death, or Ineligibility Generally.
8-25 With respect to withdrawal, death, or ineligibility of a candidate
8-26 in a nonpartisan judicial election, this subchapter supersedes
8-27 Subchapter A, Chapter 145, to the extent of any conflict.
9-1 Sec. 291.052. Withdrawal From Nonpartisan Judicial Election.
9-2 (a) A candidate may not withdraw from the nonpartisan judicial
9-3 election after the 65th day before election day.
9-4 (b) A withdrawal request must be filed with the authority
9-5 with whom the withdrawing candidate's application for a place on
9-6 the ballot is required to be filed.
9-7 Sec. 291.053. Extended Filing Deadline. (a) The deadline
9-8 for filing an application for a place on the nonpartisan judicial
9-9 election ballot is extended as provided by this section if a
9-10 candidate who has made an application that complies with the
9-11 applicable requirements:
9-12 (1) dies on or after the fifth day before the date of
9-13 the regular filing deadline and on or before the 65th day before
9-14 election day;
9-15 (2) holds the office for which the application was
9-16 made and withdraws or is declared ineligible on or after the date
9-17 of the regular filing deadline and on or before the 65th day before
9-18 election day; or
9-19 (3) withdraws or is declared ineligible during the
9-20 period prescribed by Subdivision (2), and at the time of the
9-21 withdrawal or declaration of ineligibility no other candidate has
9-22 made an application that complies with the applicable requirements
9-23 for the office sought by the withdrawn or ineligible candidate.
9-24 (b) The filing deadline is also extended if a candidate for
9-25 retention who has made a declaration of candidacy that complies
9-26 with Section 292.001 dies, withdraws, or is declared ineligible on
9-27 or after the fifth day before the date of the regular filing
10-1 deadline for applications and on or before the 65th day before
10-2 election day.
10-3 (c) An application for an office sought by a withdrawn,
10-4 deceased, or ineligible candidate must be filed not later than
10-5 5 p.m. of the 60th day before election day.
10-6 (d) If the deadline for filing applications is extended,
10-7 notice of the extended filing shall be given in the same manner as
10-8 provided for a primary election.
10-9 Sec. 291.054. Withdrawn, Deceased, or Ineligible Candidate's
10-10 Name Omitted From Ballot. A candidate's name shall be omitted from
10-11 the nonpartisan judicial election ballot if the candidate
10-12 withdraws, dies, or is declared ineligible on or before the 65th
10-13 day before election day.
10-14 Sec. 291.055. DECEASED OR INELIGIBLE CANDIDATE'S NAME TO
10-15 APPEAR ON BALLOT. If a candidate who has made an application for a
10-16 place on the nonpartisan judicial election ballot that complies
10-17 with the applicable requirements dies or is declared ineligible
10-18 after the 65th day before election day, the candidate's name shall
10-19 be placed on the ballot.
10-20 (Sections 291.056-291.070 reserved for expansion
10-21 SUBCHAPTER D. CONDUCT OF ELECTION
10-22 Sec. 291.071. Nonpartisan Judicial Election Ballot. The
10-23 nonpartisan judicial offices and candidates shall be listed as a
10-24 separate ballot on the general election ballot following the
10-25 partisan offices under the heading "Election For Nonpartisan
10-26 Judicial Offices."
10-27 Sec. 291.072. General Procedure for Conduct of Nonpartisan
11-1 Judicial Election. Except as otherwise provided by this code, the
11-2 nonpartisan judicial election shall be conducted and the results
11-3 canvassed, tabulated, and reported in the manner applicable to
11-4 partisan offices in the general election for state and county
11-5 officers.
11-6 CHAPTER 292. RETENTION ELECTION
11-7 Sec. 292.001. Declaration of Candidacy. (a) Not later than
11-8 5 p.m. on June 1 preceding the nonpartisan judicial election at
11-9 which the justice or judge is subject to retention or rejection, a
11-10 justice or judge who seeks to continue to serve in that office
11-11 must file with the secretary of state a declaration of candidacy to
11-12 succeed to the next term.
11-13 (b) A declaration may not be filed earlier than the 30th day
11-14 before the date of the filing deadline. A declaration filed by
11-15 mail is considered to be filed at the time of its receipt by the
11-16 appropriate authority.
11-17 (c) The filling of the office for which a declaration of
11-18 candidacy is not filed is covered by Chapter 22 or 24, Government
11-19 Code, as applicable.
11-20 Sec. 292.002. Withdrawal, Death, or Ineligibility. (a)
11-21 With respect to withdrawal, death, or ineligibility of a candidate
11-22 in a retention election, this section supersedes Subchapter A,
11-23 Chapter 145, to the extent of any conflict.
11-24 (b) A candidate may not withdraw from the retention election
11-25 after the 65th day before election day.
11-26 (c) A withdrawal request must be filed with the authority
11-27 with whom the withdrawing candidate's declaration of candidacy is
12-1 required to be filed.
12-2 (d) A candidate's name shall be omitted from the retention
12-3 election ballot if the candidate withdraws, dies, or is declared
12-4 ineligible on or before the 65th day before election day.
12-5 (e) If a candidate who has made a declaration of candidacy
12-6 that complies with the applicable requirements dies or is declared
12-7 ineligible after the 65th day before election day, the candidate's
12-8 name shall be placed on the retention election ballot.
12-9 (f) The filling of the office following implementation of
12-10 Subsection (d) or (e) is covered by Chapter 22 or 24, Government
12-11 Code, as applicable.
12-12 Sec. 292.003. Certification of Names for Placement on
12-13 Retention Election Ballot. (a) Except as provided by Subsection
12-14 (c), the secretary of state shall certify in writing for placement
12-15 on the retention election ballot the name of each candidate who
12-16 files with the secretary a declaration of candidacy that complies
12-17 with Section 292.001.
12-18 (b) Not later than the 55th day before election day, the
12-19 secretary of state shall deliver the certification to the authority
12-20 responsible for having the official ballot prepared in each county
12-21 in which the candidate's name is to appear on the ballot.
12-22 (c) A candidate's name may not be certified if, before
12-23 delivering the certification, the secretary of state learns that
12-24 the name is to be omitted from the ballot under Section 292.002.
12-25 Sec. 292.004. Retention Election Ballot. The name of the
12-26 person subject to retention or rejection shall be submitted to the
12-27 voters on the nonpartisan judicial election ballot following the
13-1 offices subject to election under the heading "Retention of
13-2 Nonpartisan Judicial Offices," in substantially the following form:
13-3 "Shall (Justice or Judge)__________________________
13-4 ___________________________________________________
13-5 be retained in office as (justice or judge) of the
13-6 (name of court)__________________________________?"
13-7 ____"Yes"
13-8 ____"No"
13-9 Sec. 292.005. General Procedure for Conduct of Retention
13-10 Election. (a) Except as otherwise provided by this code, the
13-11 retention election shall be conducted and the results canvassed,
13-12 tabulated, and reported in the manner applicable to partisan
13-13 offices in the general election for state and county officers.
13-14 (b) A certificate of election shall be issued to a retained
13-15 officer in the same manner as provided for a candidate elected to
13-16 the office.
13-17 Sec. 292.006. WRITE-IN VOTING PROHIBITED. Write-in voting
13-18 is not permitted in a retention election.
13-19 Sec. 292.007. Political Contributions and Expenditures. A
13-20 candidate for retention of a judicial office is subject to Title 15
13-21 and shall comply with that title in the same manner as a candidate
13-22 for election to the office.
13-23 Sec. 292.008. Applicability of Other Parts of Code. The
13-24 other titles of this code apply to a retention election under this
13-25 chapter except provisions that are inconsistent with this title or
13-26 that cannot feasibly be applied in a retention election.
13-27 Sec. 292.009. Additional Procedures. The secretary of state
14-1 shall prescribe any additional procedures necessary for the orderly
14-2 and proper administration of elections held under this chapter.
14-3 CHAPTER 293. VOTER INFORMATION PAMPHLET
14-4 Sec. 293.001. APPLICABILITY OF CHAPTER. This chapter
14-5 applies to each candidate whose name is to appear on the ballot or
14-6 a list of declared write-in candidates in the nonpartisan judicial
14-7 election.
14-8 Sec. 293.002. STATEMENT FILED BY CANDIDATE. Not later than
14-9 the 70th day before the date of the nonpartisan judicial election,
14-10 a candidate may file with the secretary of state an informational
14-11 statement, on a form prescribed by the secretary, to be included in
14-12 the voter information pamphlet for that election.
14-13 Sec. 293.003. STATEMENT REQUIREMENTS. (a) A candidate's
14-14 statement must include a summary of the following information:
14-15 (1) current occupation;
14-16 (2) educational and occupational background;
14-17 (3) biographical information; and
14-18 (4) any previous experience serving in government.
14-19 (b) The secretary of state shall prescribe the format and
14-20 length of the candidate's statement.
14-21 Sec. 293.004. REVIEW BY SECRETARY OF STATE. (a) Not later
14-22 than the fifth day after the date the candidate's statement is
14-23 received, the secretary of state shall review the statement to
14-24 determine whether it complies with this chapter.
14-25 (b) If the secretary of state determines that the statement
14-26 does not comply with the applicable requirements, the secretary
14-27 shall reject the statement and deliver written notice of the reason
15-1 for the rejection to the candidate not later than the second day
15-2 after the date of rejection.
15-3 (c) A candidate whose statement is rejected may resubmit the
15-4 statement subject to the prescribed deadline.
15-5 Sec. 293.005. PREPARATION OF PAMPHLET. (a) The secretary
15-6 of state shall contract for the preparation and printing of the
15-7 voter information pamphlet after soliciting bids for that work.
15-8 The secretary may prepare or print the pamphlet if the secretary
15-9 determines that the costs of that preparation or printing are less
15-10 than or equal to the most reasonable bid submitted.
15-11 (b) The pamphlet must include the candidates' statements
15-12 that comply with this chapter, with candidates for election,
15-13 write-in candidates for election, and candidates for retention as
15-14 separate groups. The order of the candidates' names within the
15-15 groups is determined by a drawing conducted by the secretary of
15-16 state.
15-17 (c) To the extent practicable, the pamphlets shall be
15-18 prepared so that they contain only candidates for offices on which
15-19 the voters receiving them will be eligible to vote.
15-20 (d) The secretary of state shall prescribe appropriate
15-21 explanatory material to be included in the pamphlet to assist the
15-22 voters, including a statement that the pamphlet may be used at the
15-23 polls to assist the voters in marking their ballots.
15-24 Sec. 293.006. DISTRIBUTION OF PAMPHLET. Not later than the
15-25 45th day before the date of each nonpartisan judicial election, the
15-26 secretary of state shall mail the appropriate voter information
15-27 pamphlet to each household in this state in which a registered
16-1 voter resides.
16-2 Sec. 293.007. ADDITIONAL PROCEDURES. The secretary of state
16-3 shall prescribe any additional procedures necessary to implement
16-4 this chapter.
16-5 SECTION 6. Section 1.005, Election Code, is amended by
16-6 amending Subdivision (9) and by adding Subdivisions (25) and (26)
16-7 to read as follows:
16-8 (9) "Independent candidate" means a candidate in a
16-9 nonpartisan election or a candidate in a partisan election who is
16-10 not the nominee of a political party. The term does not include a
16-11 nonpartisan judicial candidate.
16-12 (25) "Nonpartisan judicial election" means an election
16-13 held under Title 17.
16-14 (26) "Nonpartisan judicial candidate" means a
16-15 candidate in a nonpartisan judicial election.
16-16 SECTION 7. Section 52.092, Election Code, is amended to read
16-17 as follows:
16-18 Sec. 52.092. Offices Regularly Filled at General Election
16-19 for State and County Officers. (a) For an election at which
16-20 offices regularly filled at the general election for state and
16-21 county officers, including the nonpartisan judicial election, are
16-22 to appear on the ballot, the offices shall be listed in the
16-23 following order:
16-24 (1) offices of the federal government;
16-25 (2) offices of the state government:
16-26 (A) statewide offices;
16-27 (B) district offices;
17-1 (3) offices of the county government:
17-2 (A) county offices;
17-3 (B) precinct offices.
17-4 (b) Offices of the federal government shall be listed in the
17-5 following order:
17-6 (1) president and vice-president of the United States;
17-7 (2) United States senator;
17-8 (3) United States representative.
17-9 (c) Statewide offices of the state government shall be
17-10 listed in the following order:
17-11 (1) governor;
17-12 (2) lieutenant governor;
17-13 (3) attorney general;
17-14 (4) comptroller of public accounts;
17-15 (5) [state treasurer;]
17-16 [(6)] commissioner of the General Land Office;
17-17 (6) [(7)] commissioner of agriculture;
17-18 (7) [(8)] railroad commissioner[;]
17-19 [(9) chief justice, supreme court;]
17-20 [(10) justice, supreme court;]
17-21 [(11) presiding judge, court of criminal appeals;]
17-22 [(12) judge, court of criminal appeals].
17-23 (d) District offices of the state government shall be listed
17-24 in the following order:
17-25 (1) member, State Board of Education;
17-26 (2) state senator;
17-27 (3) state representative;
18-1 [(4) chief justice, court of appeals;]
18-2 [(5) justice, court of appeals;]
18-3 [(6) district judge;]
18-4 [(7) criminal district judge;]
18-5 [(8) family district judge;]
18-6 (4) [(9)] district attorney;
18-7 (5) [(10)] criminal district attorney.
18-8 (e) County offices shall be listed in the following order:
18-9 (1) county judge;
18-10 (2) judge, county court at law;
18-11 (3) judge, county criminal court;
18-12 (4) judge, county probate court;
18-13 (5) county attorney;
18-14 (6) district clerk;
18-15 (7) district and county clerk;
18-16 (8) county clerk;
18-17 (9) sheriff;
18-18 (10) sheriff and tax assessor-collector;
18-19 (11) county tax assessor-collector;
18-20 (12) county treasurer;
18-21 (13) county school trustee (county with population of
18-22 two million or more);
18-23 (14) county surveyor;
18-24 (15) inspector of hides and animals.
18-25 (f) Precinct offices shall be listed in the following order:
18-26 (1) county commissioner;
18-27 (2) justice of the peace;
19-1 (3) constable;
19-2 (4) public weigher.
19-3 (g) The nonpartisan judicial offices shall be listed in the
19-4 following order:
19-5 (1) chief justice, supreme court;
19-6 (2) justice, supreme court;
19-7 (3) presiding judge, court of criminal appeals;
19-8 (4) judge, court of criminal appeals;
19-9 (5) chief justice, court of appeals;
19-10 (6) justice, court of appeals;
19-11 (7) district judge;
19-12 (8) criminal district judge;
19-13 (9) family district judge.
19-14 (h) [(g)] If two or more offices having the same title
19-15 except for a place number or other distinguishing number are to
19-16 appear on the ballot, the number shall appear as part of the office
19-17 title and the offices shall be listed in numerical order.
19-18 (i) [(h)] The secretary of state shall assign a place number
19-19 to each position for which a retention [to be filled at the
19-20 general] election is to be held for [state and county officers for
19-21 each full or unexpired term in] the following offices:
19-22 (1) justice, supreme court;
19-23 (2) judge, court of criminal appeals; and
19-24 (3) justice, court of appeals in a court having a
19-25 membership in excess of three, if distinguishing the positions to
19-26 be filled is necessary.
19-27 (j) [(i)] The secretary of state shall designate the
20-1 position of new offices on the ballot.
20-2 (k) [(j)] The office of judge of a multicounty statutory
20-3 county court created under Subchapter D, Chapter 25, Government
20-4 Code, is considered to be a county office for purposes of listing
20-5 the office on the ballot and to be a district office for all other
20-6 purposes under this code.
20-7 SECTION 8. Section 141.001(a), Election Code, is amended to
20-8 read as follows:
20-9 (a) To be eligible to be a candidate for, or elected or
20-10 appointed to, a public elective office in this state, a person
20-11 must:
20-12 (1) be a United States citizen;
20-13 (2) be 18 years of age or older on the first day of
20-14 the term to be filled at the election or on the date of
20-15 appointment, as applicable;
20-16 (3) have not been determined mentally incompetent by a
20-17 final judgment of a court;
20-18 (4) have not been finally convicted of a felony from
20-19 which the person has not been pardoned or otherwise released from
20-20 the resulting disabilities;
20-21 (5) have resided continuously in the state for 12
20-22 months and in the territory from which the office is elected for
20-23 six months immediately preceding the following date:
20-24 (A) for a candidate whose name is to appear on a
20-25 general primary election ballot, the date of the regular filing
20-26 deadline for a candidate's application for a place on the ballot;
20-27 (B) for an independent candidate or a
21-1 nonpartisan judicial candidate, other than a candidate for
21-2 retention, the date of the regular filing deadline for a
21-3 candidate's application for a place on the ballot;
21-4 (C) for a write-in candidate, the date of the
21-5 election at which the candidate's name is written in;
21-6 (D) for a party nominee who is nominated by any
21-7 method other than by primary election, the date the nomination is
21-8 made; and
21-9 (E) for an appointee to an office, the date the
21-10 appointment is made; and
21-11 (6) satisfy any other eligibility requirements
21-12 prescribed by law for the office.
21-13 SECTION 9. Section 145.003(b), Election Code, is amended to
21-14 read as follows:
21-15 (b) A candidate in the general election for state and county
21-16 officers, including the nonpartisan judicial election, may be
21-17 declared ineligible before the 30th day preceding election day by:
21-18 (1) the party officer responsible for certifying the
21-19 candidate's name for placement on the general election ballot, in
21-20 the case of a candidate who is a political party's nominee; or
21-21 (2) the authority with whom the candidate's
21-22 application for a place on the ballot or declaration of candidacy
21-23 is required to be filed, in the case of an independent candidate or
21-24 a nonpartisan judicial candidate, as applicable.
21-25 SECTION 10. Section 145.005(a), Election Code, is amended to
21-26 read as follows:
21-27 (a) If the name of a deceased or ineligible candidate
22-1 appears on the ballot [under this chapter], the votes cast for the
22-2 candidate shall be counted and entered on the official election
22-3 returns in the same manner as for the other candidates.
22-4 SECTION 11. Section 146.021, Election Code, is amended to
22-5 read as follows:
22-6 Sec. 146.021. Applicability of Subchapter. This subchapter
22-7 applies to a write-in candidate for an office that is to be voted
22-8 on at the general election for state and county officers, including
22-9 the nonpartisan judicial election.
22-10 SECTION 12. Sections 172.021(c) and (e), Election Code, are
22-11 amended to read as follows:
22-12 (c) An application filed by mail is considered to be filed
22-13 at the time of its receipt by the appropriate authority.
22-14 (e) A candidate for an office specified by Section
22-15 172.024(a)(8) [, (10), or (12)], or for justice of the peace in a
22-16 county with a population of more than one million [850,000], who
22-17 chooses to pay the filing fee must also accompany the application
22-18 with a petition that complies with the requirements prescribed for
22-19 the petition authorized by Subsection (b), except that the minimum
22-20 number of signatures that must appear on the petition required by
22-21 this subsection is 250. If the candidate chooses to file the
22-22 petition authorized by Subsection (b) instead of the filing fee,
22-23 the minimum number of signatures required for that petition is
22-24 increased by 250. Signatures on a petition filed under this
22-25 subsection or Subsection (b) by a candidate covered by this
22-26 subsection may not be obtained on the grounds of a county
22-27 courthouse or courthouse annex.
23-1 SECTION 13. Section 172.024(a), Election Code, is amended to
23-2 read as follows:
23-3 (a) The filing fee for a candidate for nomination in the
23-4 general primary election is as follows:
23-5 (1) United States senator ................................. $4,000
23-6 (2) office elected statewide, except United States senator . 3,000
23-7 (3) United States representative ........................... 2,500
23-8 (4) state senator .......................................... 1,000
23-9 (5) state representative ..................................... 600
23-10 (6) member, State Board of Education ......................... 250
23-11 [(7) chief justice or justice, court of appeals, other than a
23-12 justice specified by Subdivision (8) .................... 1,500]
23-13 [(8) chief justice or justice of a court of appeals that serves a
23-14 court of appeals district in which a county with a population of
23-15 more than 850,000 is wholly or partly situated .............. 2,000]
23-16 [(9) district judge or judge specified by Section 52.092(d) for
23-17 which this schedule does not otherwise prescribe a fee ...... 1,200]
23-18 [(10) district or criminal district judge of a court in a judicial
23-19 district wholly contained in a county with a population of more
23-20 than 850,000 ............................................... 2,000]
23-21 (7) [(11)] judge, statutory county court, other than a judge
23-22 specified by Subdivision (8) [(12)] ......................... 1,200
23-23 (8) [(12)] judge of a statutory county court in a county with a
23-24 population of more than one million [850,000] ............... 2,000
23-25 (9) [(13)] district attorney, criminal district attorney, or
23-26 county attorney performing the duties of a district attorney
23-27 ............................................................. 1,000
24-1 (10) [(14)] county commissioner or judge, constitutional county
24-2 court:
24-3 (A) county with a population of 200,000
24-4 or more ..................................................... 1,000
24-5 (B) county with a population of under
24-6 200,000 ....................................................... 600
24-7 (11) [(15)] justice of the peace or constable:
24-8 (A) county with a population of 200,000
24-9 or more ....................................................... 800
24-10 (B) county with a population of under
24-11 200,000 ....................................................... 300
24-12 (12) [(16)] county surveyor, inspector of hides and animals, or
24-13 public weigher ................................................. 50
24-14 (13) [(17)] office of the county government for which this
24-15 schedule does not otherwise
24-16 prescribe a fee .............................................. 600
24-17 SECTION 14. Chapter 202, Election Code, is amended by
24-18 amending Section 202.002 and by adding Section 202.008 to read as
24-19 follows:
24-20 Sec. 202.002. Vacancy Filled at General Election. (a) If a
24-21 vacancy occurs on or before the 65th day before the date of the
24-22 general election for state and county officers, including the
24-23 nonpartisan judicial election, held in the next-to-last
24-24 even-numbered year of a term of office, the remainder of the
24-25 unexpired term, or for a nonpartisan judicial office the four-year
24-26 term beginning on the next January 1 following the general
24-27 election, shall be filled at the next general election for state
25-1 and county officers, as provided by this chapter.
25-2 (b) If a vacancy occurs after the 65th day before a general
25-3 election day, an election for the unexpired term, or for a
25-4 nonpartisan judicial office an election for a new four-year term,
25-5 may not be held at that general election. The appointment to fill
25-6 the vacancy continues until the next succeeding general election
25-7 and until a successor has been elected and has qualified for the
25-8 office.
25-9 Sec. 202.008. Filing Deadline For Application of Nonpartisan
25-10 Judicial Candidate. (a) If a vacancy in a nonpartisan judicial
25-11 office occurs on or before the 10th day before the date of the
25-12 regular deadline for filing an application for a place on the
25-13 nonpartisan judicial election ballot, an application for election
25-14 to the next four-year term must be filed by the regular filing
25-15 deadline.
25-16 (b) If the vacancy occurs after the 10th day before the date
25-17 of the regular filing deadline, an application for election to the
25-18 next four-year term must be filed not later than 5 p.m. of the 15th
25-19 day after the date the vacancy occurs or 5 p.m. of the 60th day
25-20 before election day, whichever is earlier.
25-21 SECTION 15. (a) A district judge in office on the effective
25-22 date of this Act, unless otherwise removed as provided by law, is
25-23 entitled to continue in office for the term to which elected as
25-24 provided by this section.
25-25 (b) Terms of district judges elected to full terms in the
25-26 general election in 1994 expire January 1, 1999. Terms of district
25-27 judges elected to full terms in the general election in 1996 expire
26-1 January 1, 2001.
26-2 (c) The first nonpartisan judicial election shall be the
26-3 election in November 1998. For the purpose of initiating the
26-4 election and retention cycle required by Section 24.0016,
26-5 Government Code, as added by this Act, district judges elected to
26-6 office and holding office for the terms provided by Subsection (b)
26-7 of this section stand for reelection or retention in accordance
26-8 with this subsection. In the last year of the term provided by
26-9 Subsection (b) of this section, and at each applicable subsequent
26-10 nonpartisan judicial election, the judge is subject to retention or
26-11 rejection unless at the end of that term the judge will have served
26-12 12 or more consecutive years in the office of district judge of
26-13 that court. At the end of the term during which the judge has
26-14 served 12 consecutive years in the office of district judge of a
26-15 court, the office is filled by election from the judicial district,
26-16 state representative district, or commissioners court precinct, as
26-17 applicable. If the judge is reelected, the term is considered the
26-18 first term to which the judge has been elected for purposes of
26-19 Section 24.0016, Government Code, as added by this Act, and in
26-20 accordance with that section at the end of that term and at the end
26-21 of the immediately following continuous term, the judge is subject
26-22 to retention or rejection.
26-23 SECTION 16. (a) Each supreme court justice, court of
26-24 criminal appeals judge, and court of appeals justice in office
26-25 January 1, 1998, unless otherwise removed as provided by law,
26-26 continues in office for the term to which elected.
26-27 (b) Each supreme court justice, court of criminal appeals
27-1 judge, and court of appeals justice who is in office January 1,
27-2 1998, is subject to retention or rejection, in the manner provided
27-3 by law, at the general election preceding the expiration of the
27-4 regular or unexpired term for which each was elected or appointed.
27-5 A vacancy does not exist in those offices until the expiration of
27-6 the term of the person who held the office January 1, 1998, or
27-7 until that person does not hold the office, whichever occurs first.
27-8 SECTION 17. This Act takes effect only if the constitutional
27-9 amendment proposed by the 75th Legislature, Regular Session, 1997,
27-10 relating to the appointment of appellate justices and judges by the
27-11 governor and retention or rejection of those justices and judges,
27-12 to the nonpartisan election and retention or rejection of district
27-13 judges, to the election of district judges in certain counties from
27-14 state representative districts or commissioners court precincts,
27-15 and to the alteration of the terms of certain judicial offices is
27-16 adopted. If the amendment is adopted, this Act takes effect
27-17 January 1, 1998.
27-18 SECTION 18. The importance of this legislation and the
27-19 crowded condition of the calendars in both houses create an
27-20 emergency and an imperative public necessity that the
27-21 constitutional rule requiring bills to be read on three several
27-22 days in each house be suspended, and this rule is hereby suspended.