1-1     By:  Gallegos                                          S.B. No. 628

 1-2           (In the Senate - Filed February 17, 1997; February 20, 1997,

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

 1-4     April 9, 1997, reported favorably by the following vote:  Yeas 4,

 1-5     Nays 3; April 9, 1997, sent to printer.)

 1-6                            A BILL TO BE ENTITLED

 1-7                                   AN ACT

 1-8     relating to the appointment of appellate justices and judges, to

 1-9     the nonpartisan election of district judges, to the retention or

1-10     rejection of district and appellate judges, and to the creation of

1-11     certain judicial districts.

1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-13           SECTION 1.  Chapter 22, Government Code, is amended by adding

1-14     Subchapter E to read as follows:

1-15             SUBCHAPTER E.  APPOINTMENT AND RETENTION OF CERTAIN

1-16                              JUDICIAL OFFICERS

1-17           Sec. 22.401.  SUBJECT TO RETENTION ELECTION.  (a)  A justice

1-18     or judge is subject to retention or rejection in accordance with

1-19     Chapter 292, Election Code, at the last general election for state

1-20     and county officers to be held before the date the justice's or

1-21     judge's term expires.

1-22           (b)  If a justice or judge does not seek retention, or

1-23     withdraws from the retention election, as provided by Chapter 292,

1-24     Election Code, the vacancy existing at the beginning of the

1-25     succeeding term shall be filled in the regular manner.

1-26           (c)  If a vacancy occurs in the office of a justice or judge

1-27     seeking retention and the justice's or judge's name is omitted from

1-28     the retention election ballot under Chapter 292, Election Code, the

1-29     vacancy shall be filled in the regular manner.

1-30           Sec. 22.402.  EFFECT OF RETENTION VOTE.  (a)  If a majority

1-31     of the votes received on the question are for the retention of the

1-32     justice or judge, the person is entitled to remain in office for a

1-33     regular term of six years beginning on the first day of the

1-34     following January, unless the person becomes ineligible or is

1-35     removed as provided by law.

1-36           (b)  If less than a majority of the votes received on the

1-37     question are for retention, a vacancy in the office exists on the

1-38     first day of the following January, and the vacancy shall be filled

1-39     in the regular manner.

1-40           (c)  If the name of a justice or judge seeking retention

1-41     appears on the retention election ballot under Chapter 292,

1-42     Election Code, although a vacancy has occurred in the office, the

1-43     retention election for that office has no effect, and the vacancy

1-44     shall be filled in the regular manner.

1-45           SECTION 2.  Subchapter A, Chapter 24, Government Code, is

1-46     amended by adding Sections 24.0015, 24.0016, and 24.0017 to read as

1-47     follows:

1-48           Sec. 24.0015.  ELECTION FROM STATE REPRESENTATIVE DISTRICTS

1-49     OR COMMISSIONERS COURT PRECINCTS IN CERTAIN POPULOUS COUNTIES.

1-50     (a)  The judges of the judicial districts composed entirely of a

1-51     county with a population of 2.5 million or more shall be elected

1-52     from state representative districts.  The judges of the judicial

1-53     districts composed entirely of a county with a population of one

1-54     million or more but less than 2.5 million shall be elected from

1-55     commissioners court precincts.

1-56           (b)  The secretary of state shall supervise the drawing of

1-57     lots to determine the number of the state representative district

1-58     or commissioners court precinct, as applicable, from which each of

1-59     the district judges is elected.  An equal number of district judges

1-60     shall be elected from each state representative district or

1-61     commissioners court precinct, as applicable, in a county.

1-62           Sec. 24.0016.  ELECTION AND RETENTION CYCLE.  (a)  Except in

1-63     the case of a vacancy filled by appointment and in the case of an

1-64     incumbent judge seeking to be retained in office, the office of

 2-1     district judge is filled by election at the nonpartisan judicial

 2-2     election in accordance with Chapter 291, Election Code.

 2-3           (b)  At the end of a term of office to which a district judge

 2-4     is elected, and at the end of the immediately following continuous

 2-5     term in that office, the judge is subject to retention or rejection

 2-6     by the voters of the judicial district in accordance with Chapter

 2-7     292, Election Code.

 2-8           (c)  At the end of a second continuous term in which a judge

 2-9     has been retained in office, the office is filled by election.

2-10           (d)  For a judge seeking retention, including a judge elected

2-11     from a state representative district or commissioners court

2-12     precinct, the qualified voters of the entire judicial district are

2-13     entitled to vote on the issue of retention or rejection.

2-14           (e)  If a judge subject to retention or rejection does not

2-15     seek retention as provided by Chapter 292, Election Code, or the

2-16     name of a judge seeking retention is omitted from the retention

2-17     election ballot under that chapter, the succeeding term shall be

2-18     filled at the subsequent nonpartisan judicial election in

2-19     accordance with Chapter 291, Election Code.

2-20           Sec. 24.0017.  EFFECT OF RETENTION VOTE.  (a)  If a majority

2-21     of the votes received on the question are for the retention of the

2-22     judge, the person is entitled to remain in office for a regular

2-23     term of four years beginning on the first day of the following

2-24     January, unless the person becomes ineligible or is removed as

2-25     provided by law.

2-26           (b)  If less than a majority of the votes received on the

2-27     question are for retention, a vacancy in the office exists on the

2-28     first day of the following January, and the vacancy shall be filled

2-29     in the regular manner.

2-30           (c)  If the name of a deceased or ineligible judge who sought

2-31     retention appears on the retention election ballot under Chapter

2-32     292, Election Code, the retention election for that office has no

2-33     effect, and the vacancy existing at the beginning of the succeeding

2-34     term shall be filled in the regular manner.

2-35           SECTION 3.  Subchapter C, Chapter 24, Government Code, is

2-36     amended by adding Sections 24.540 through 24.547 to read as

2-37     follows:

2-38           Sec. 24.540.  395TH JUDICIAL DISTRICT (BEXAR COUNTY).  The

2-39     395th Judicial District is composed of Bexar County.

2-40           Sec. 24.541.  396TH JUDICIAL DISTRICT (DALLAS COUNTY).  The

2-41     396th Judicial District is composed of Dallas County.

2-42           Sec. 24.542.  397TH JUDICIAL DISTRICT (DALLAS COUNTY).  The

2-43     397th Judicial District is composed of Dallas County.

2-44           Sec. 24.543.  398TH JUDICIAL DISTRICT (DALLAS COUNTY).  The

2-45     398th Judicial District is composed of Dallas County.

2-46           Sec. 24.544.  399TH JUDICIAL DISTRICT (HARRIS COUNTY).  The

2-47     399th Judicial District is composed of Harris County.

2-48           Sec. 24.545.  400TH JUDICIAL DISTRICT (TARRANT COUNTY).  The

2-49     400th Judicial District is composed of Tarrant County.

2-50           Sec. 24.546.  401ST JUDICIAL DISTRICT (TARRANT COUNTY).  The

2-51     401st Judicial District is composed of Tarrant County.

2-52           Sec. 24.547.  402ND JUDICIAL DISTRICT (TARRANT COUNTY).  The

2-53     402nd Judicial District is composed of Tarrant County.

2-54           SECTION 4.  Section 41.002, Election Code, is amended to read

2-55     as follows:

2-56           Sec. 41.002.  GENERAL ELECTION FOR STATE AND COUNTY OFFICERS.

2-57     The general election for state and county officers, including the

2-58     nonpartisan judicial election, shall be held on the first Tuesday

2-59     after the first Monday in November in even-numbered years.

2-60           SECTION 5.  The Election Code is amended by adding Title 17

2-61     to read as follows:

2-62                  TITLE 17.  NONPARTISAN JUDICIAL ELECTIONS

2-63                 CHAPTER 291.  NONPARTISAN JUDICIAL ELECTION

2-64           SUBCHAPTER A.  NONPARTISAN ELECTION OF JUDGES GENERALLY

2-65           Sec. 291.001.  APPLICABILITY OF CHAPTER.  This chapter

2-66     applies only to a judicial office required to be elected at the

2-67     nonpartisan judicial election.

2-68           Sec. 291.002.  PARTY NOMINATION PROHIBITED.  Nomination for a

2-69     nonpartisan judicial office by a political party is prohibited.

 3-1           Sec. 291.003.  APPLICABILITY OF OTHER PARTS OF CODE.  The

 3-2     other titles of this code apply to a nonpartisan judicial election

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

 3-4     cannot feasibly be applied in a nonpartisan judicial election.

 3-5           Sec. 291.004.  ADDITIONAL PROCEDURES.  The secretary of state

 3-6     shall prescribe any additional procedures necessary for the orderly

 3-7     and proper administration of elections held under this chapter.

 3-8              (Sections 291.005-291.020 reserved for expansion

 3-9               SUBCHAPTER B.  APPLICATION FOR PLACE ON BALLOT

3-10           Sec. 291.021.  APPLICATION REQUIRED.  (a)  To be entitled to

3-11     a place on the nonpartisan judicial election ballot, a candidate

3-12     must make an application for a place on the ballot.

3-13           (b)  An application must, in addition to complying with

3-14     Section 141.031, be accompanied by the appropriate filing fee or,

3-15     instead of the filing fee, a petition that satisfies the

3-16     requirements prescribed by Section 141.062.

3-17           (c)  An application filed by mail is considered to be filed

3-18     at the time of its receipt by the appropriate authority.

3-19           (d)  A candidate for an office specified by Section

3-20     291.024(a)(2) who chooses to pay the filing fee must also accompany

3-21     the application with a petition that complies with the requirements

3-22     prescribed for the petition authorized by Subsection (b), except

3-23     that the minimum number of signatures that must appear on the

3-24     petition required by this subsection is 250.  If the candidate

3-25     chooses to file the petition authorized by Subsection (b) instead

3-26     of the filing fee, the minimum number of signatures required for

3-27     that petition is increased by 250.  Signatures on a petition filed

3-28     under this subsection or Subsection (b) by a candidate covered by

3-29     this subsection may not be obtained on the grounds of a county

3-30     courthouse or courthouse annex.

3-31           Sec. 291.022.  AUTHORITY WITH WHOM APPLICATION FILED.  An

3-32     application for a place on the nonpartisan judicial election ballot

3-33     must be filed with the secretary of state.

3-34           Sec. 291.023.  REGULAR FILING DEADLINE.  (a)  An application

3-35     for a place on the nonpartisan judicial election ballot must be

3-36     filed not later than 5 p.m. of the 70th day before election day,

3-37     except as provided by Sections 291.053 and 202.008.

3-38           (b)  An application may not be filed earlier than the 30th

3-39     day before the date of the regular filing deadline.

3-40           Sec. 291.024.  Filing Fee.  (a)  The filing fee for a

3-41     nonpartisan judicial candidate is as follows:

3-42                 (1)  district  judge, criminal   district  judge, or

3-43     family  district   judge,  other   than   a   judge   specified  by

3-44     Subdivision (2) ...........................................  $1,200

3-45                 (2)  district or criminal district judge of a court in

3-46     a judicial district wholly contained in a county with a population

3-47     of more than one million ..................................  $2,000

3-48           (b)  A filing fee received by the secretary of state shall be

3-49     deposited in the state treasury to the credit of the general

3-50     revenue fund.

3-51           Sec. 291.025.  Number of Petition Signatures Required.  The

3-52     minimum number of signatures that must appear on the petition

3-53     authorized by Section 291.021 is the lesser of:

3-54                 (1)  500; or

3-55                 (2)  two percent of the total vote received in the

3-56     district by all the candidates for governor in the most recent

3-57     gubernatorial general election.

3-58           Sec. 291.026.  Statement on Petition.  The following

3-59     statement must appear at the top of each page of a petition to be

3-60     filed under Section 291.021:  "I know that the purpose of this

3-61     petition is to entitle (insert candidate's name) to have his name

3-62     placed on the ballot for the office of (insert office title,

3-63     including any place number or other distinguishing number) for the

3-64     nonpartisan judicial election."

3-65           Sec. 291.027.  Certification of Names for Placement on

3-66     Nonpartisan Judicial Election Ballot.  (a)  Except as provided by

3-67     Subsection (c), the secretary of state shall certify in writing for

3-68     placement on the nonpartisan judicial election ballot the name of

3-69     each candidate who files with the secretary an application that

 4-1     complies with Section 291.021(b).

 4-2           (b)  Not later than the 55th day before election day, the

 4-3     secretary of state shall deliver the certification to the authority

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

 4-5     in which the candidate's name is to appear on the ballot.

 4-6           (c)  A candidate's name may not be certified:

 4-7                 (1)  if, before delivering the certification, the

 4-8     secretary of state learns that the name is to be omitted from the

 4-9     ballot under Section 291.054; or

4-10                 (2)  for an office for which the candidate's

4-11     application is invalid under Section 141.033.

4-12              (Sections 291.028-291.050 reserved for expansion

4-13             SUBCHAPTER C.  WITHDRAWAL, DEATH, AND INELIGIBILITY

4-14                                OF CANDIDATE

4-15           Sec. 291.051.  Withdrawal, Death, or Ineligibility Generally.

4-16     With respect to withdrawal, death, or ineligibility of a candidate

4-17     in a nonpartisan judicial election, this subchapter supersedes

4-18     Subchapter A, Chapter 145, to the extent of any conflict.

4-19           Sec. 291.052.  Withdrawal From Nonpartisan Judicial Election.

4-20     (a)  A candidate may not withdraw from the nonpartisan judicial

4-21     election after the 65th day before election day.

4-22           (b)  A withdrawal request must be filed with the authority

4-23     with whom the withdrawing candidate's application for a place on

4-24     the ballot is required to be filed.

4-25           Sec. 291.053.  Extended Filing Deadline.  (a)  The deadline

4-26     for filing an application for a place on the nonpartisan judicial

4-27     election ballot is extended as provided by this section if a

4-28     candidate who has made an application that complies with the

4-29     applicable requirements:

4-30                 (1)  dies on or after the fifth day before the date of

4-31     the regular filing deadline and on or before the 65th day before

4-32     election day;

4-33                 (2)  holds the office for which the application was

4-34     made and withdraws or is declared ineligible on or after the date

4-35     of the regular filing deadline and on or before the 65th day before

4-36     election day; or

4-37                 (3)  withdraws or is declared ineligible during the

4-38     period prescribed by Subdivision (2), and at the time of the

4-39     withdrawal or declaration of ineligibility no other candidate has

4-40     made an application that complies with the applicable requirements

4-41     for the office sought by the withdrawn or ineligible candidate.

4-42           (b)  The filing deadline is also extended if a candidate for

4-43     retention who has made a declaration of candidacy that complies

4-44     with Section 292.001 dies, withdraws, or is declared ineligible on

4-45     or after the fifth day before the date of the regular filing

4-46     deadline for applications and on or before the 65th day before

4-47     election day.

4-48           (c)  An application for an office sought by a withdrawn,

4-49     deceased, or ineligible candidate must be filed not later than

4-50     5 p.m. of the 60th day before election day.

4-51           (d)  If the deadline for filing applications is extended,

4-52     notice of the extended filing shall be given in the same manner as

4-53     provided for a primary election.

4-54           Sec. 291.054.  Withdrawn, Deceased, or Ineligible Candidate's

4-55     Name Omitted From Ballot.  A candidate's name shall be omitted from

4-56     the nonpartisan judicial election ballot if the candidate

4-57     withdraws, dies, or is declared ineligible on or before the 65th

4-58     day before election day.

4-59           Sec. 291.055.  DECEASED OR INELIGIBLE CANDIDATE'S NAME TO

4-60     APPEAR ON BALLOT.  If a candidate who has made an application for a

4-61     place on the nonpartisan judicial election ballot that complies

4-62     with the applicable requirements dies or is declared ineligible

4-63     after the 65th day before election day, the candidate's name shall

4-64     be placed on the ballot.

4-65              (Sections 291.056-291.070 reserved for expansion

4-66                     SUBCHAPTER D.  CONDUCT OF ELECTION

4-67           Sec. 291.071.  Nonpartisan Judicial Election Ballot.  The

4-68     nonpartisan judicial offices and candidates shall be listed as a

4-69     separate ballot on the general election ballot following the

 5-1     partisan offices under the heading "Election For Nonpartisan

 5-2     Judicial Offices."

 5-3           Sec. 291.072.  General Procedure for Conduct of Nonpartisan

 5-4     Judicial Election.  Except as otherwise provided by this code, the

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

 5-6     canvassed, tabulated, and reported in the manner applicable to

 5-7     partisan offices in the general election for state and county

 5-8     officers.

 5-9                      CHAPTER 292.  RETENTION ELECTION

5-10           Sec. 292.001.  Declaration of Candidacy.  (a)  Not later than

5-11     5 p.m. on June 1 preceding the nonpartisan judicial election at

5-12     which the justice or judge is subject to retention or rejection, a

5-13     justice or judge who seeks to continue to serve in that office must

5-14     file with the secretary of state a declaration of candidacy to

5-15     succeed to the next term.

5-16           (b)  A declaration may not be filed earlier than the 30th day

5-17     before the date of the filing deadline.  A declaration filed by

5-18     mail is considered to be filed at the time of its receipt by the

5-19     appropriate authority.

5-20           (c)  The filling of the office for which a declaration of

5-21     candidacy is not filed is covered by Chapter 22 or 24, Government

5-22     Code, as applicable.

5-23           Sec. 292.002.  Withdrawal, Death, or Ineligibility.

5-24     (a)  With respect to withdrawal, death, or ineligibility of a

5-25     candidate in a retention election, this section supersedes

5-26     Subchapter A, Chapter 145, to the extent of any conflict.

5-27           (b)  A candidate may not withdraw from the retention election

5-28     after the 65th day before election day.

5-29           (c)  A withdrawal request must be filed with the authority

5-30     with whom the withdrawing candidate's declaration of candidacy is

5-31     required to be filed.

5-32           (d)  A candidate's name shall be omitted from the retention

5-33     election ballot if the candidate withdraws, dies, or is declared

5-34     ineligible on or before the 65th day before election day.

5-35           (e)  If a candidate who has made a declaration of candidacy

5-36     that complies with the applicable requirements dies or is declared

5-37     ineligible after the 65th day before election day, the candidate's

5-38     name shall be placed on the retention election ballot.

5-39           (f)  The filling of the office following implementation of

5-40     Subsection (d) or (e) is covered by Chapter 22 or 24, Government

5-41     Code, as applicable.

5-42           Sec. 292.003.  Certification of Names for Placement on

5-43     Retention Election Ballot.  (a)  Except as provided by Subsection

5-44     (c), the secretary of state shall certify in writing for placement

5-45     on the retention election ballot the name of each candidate who

5-46     files with the secretary a declaration of candidacy that complies

5-47     with Section 292.001.

5-48           (b)  Not later than the 55th day before election day, the

5-49     secretary of state shall deliver the certification to the authority

5-50     responsible for having the official ballot prepared in each county

5-51     in which the candidate's name is to appear on the ballot.

5-52           (c)  A candidate's name may not be certified if, before

5-53     delivering the certification, the secretary of state learns that

5-54     the name is to be omitted from the ballot under Section 292.002.

5-55           Sec. 292.004.  Retention Election Ballot.  The name of the

5-56     person subject to retention or rejection shall be submitted to the

5-57     voters on the nonpartisan judicial election ballot following the

5-58     offices subject to election under the heading "Retention of

5-59     Nonpartisan Judicial Offices," in substantially the following form:

5-60                     "Shall (Justice or Judge)__________________________

5-61                     ___________________________________________________

5-62                     be retained in office  as (justice or judge) of the

5-63                     (name of court)__________________________________?"

5-64                 ____"Yes"

5-65                 ____"No"

5-66           Sec. 292.005.  General Procedure for Conduct of Retention

5-67     Election.  (a)  Except as otherwise provided by this code, the

5-68     retention election shall be conducted and the results canvassed,

5-69     tabulated, and reported in the manner applicable to partisan

 6-1     offices in the general election for state and county officers.

 6-2           (b)  A certificate of election shall be issued to a retained

 6-3     officer in the same manner as provided for a candidate elected to

 6-4     the office.

 6-5           Sec. 292.006.  WRITE-IN VOTING PROHIBITED.  Write-in voting

 6-6     is not permitted in a retention election.

 6-7           Sec. 292.007.  Political Contributions and Expenditures.  A

 6-8     candidate for retention of a judicial office is subject to Title 15

 6-9     and shall comply with that title in the same manner as a candidate

6-10     for election to the office.

6-11           Sec. 292.008.  Applicability of Other Parts of Code.  The

6-12     other titles of this code apply to a retention election under this

6-13     chapter except provisions that are inconsistent with this title or

6-14     that cannot feasibly be applied in a retention election.

6-15           Sec. 292.009.  Additional Procedures.  The secretary of state

6-16     shall prescribe any additional procedures necessary for the orderly

6-17     and proper administration of elections held under this chapter.

6-18                  CHAPTER 293.  VOTER INFORMATION PAMPHLET

6-19           Sec. 293.001.  APPLICABILITY OF CHAPTER.  This chapter

6-20     applies to each candidate whose name is to appear on the ballot or

6-21     a list of declared write-in candidates in the nonpartisan judicial

6-22     election.

6-23           Sec. 293.002.  STATEMENT FILED BY CANDIDATE.  Not later than

6-24     the 70th day before the date of the nonpartisan judicial election,

6-25     a candidate may file with the secretary of state an informational

6-26     statement, on a form prescribed by the secretary, to be included in

6-27     the voter information pamphlet for that election.

6-28           Sec. 293.003.  STATEMENT REQUIREMENTS.  (a)  A candidate's

6-29     statement must include a summary of the following information:

6-30                 (1)  current occupation;

6-31                 (2)  educational and occupational background;

6-32                 (3)  biographical information; and

6-33                 (4)  any previous experience serving in government.

6-34           (b)  The secretary of state shall prescribe the format and

6-35     length of the candidate's statement.

6-36           Sec. 293.004.  REVIEW BY SECRETARY OF STATE.  (a)  Not later

6-37     than the fifth day after the date the candidate's statement is

6-38     received, the secretary of state shall review the statement to

6-39     determine whether it complies with this chapter.

6-40           (b)  If the secretary of state determines that the statement

6-41     does not comply with the applicable requirements, the secretary

6-42     shall reject the statement and deliver written notice of the reason

6-43     for the rejection to the candidate not later than the second day

6-44     after the date of rejection.

6-45           (c)  A candidate whose statement is rejected may resubmit the

6-46     statement subject to the prescribed deadline.

6-47           Sec. 293.005.  PREPARATION OF PAMPHLET.  (a)  The secretary

6-48     of state shall contract for the preparation and printing of the

6-49     voter information pamphlet after soliciting bids for that work.

6-50     The secretary may prepare or print the pamphlet if the secretary

6-51     determines that the costs of that preparation or printing are less

6-52     than or equal to the most reasonable bid submitted.

6-53           (b)  The pamphlet must include the candidates' statements

6-54     that comply with this chapter, with candidates for election,

6-55     write-in candidates for election, and candidates for retention as

6-56     separate groups.  The order of the candidates' names within the

6-57     groups is determined by a drawing conducted by the secretary of

6-58     state.

6-59           (c)  To the extent practicable, the pamphlets shall be

6-60     prepared so that they contain only candidates for offices on which

6-61     the voters receiving them will be eligible to vote.

6-62           (d)  The secretary of state shall prescribe appropriate

6-63     explanatory material to be included in the pamphlet to assist the

6-64     voters, including a statement that the pamphlet may be used at the

6-65     polls to assist the voters in marking their ballots.

6-66           Sec. 293.006.  DISTRIBUTION OF PAMPHLET.  Not later than the

6-67     45th day before the date of each nonpartisan judicial election, the

6-68     secretary of state shall mail the appropriate voter information

6-69     pamphlet to each household in this state in which a registered

 7-1     voter resides.

 7-2           Sec. 293.007.  ADDITIONAL PROCEDURES.  The secretary of state

 7-3     shall prescribe any additional procedures necessary to implement

 7-4     this chapter.

 7-5           SECTION 6.  Section 1.005, Election Code, is amended by

 7-6     amending Subdivision (9) and adding Subdivisions (25) and (26) to

 7-7     read as follows:

 7-8                 (9)  "Independent candidate" means a candidate in a

 7-9     nonpartisan election or a candidate in a partisan election who is

7-10     not the nominee of a political party.  The term does not include a

7-11     nonpartisan judicial candidate.

7-12                 (25)  "Nonpartisan judicial election" means an election

7-13     held under Title 17.

7-14                 (26)  "Nonpartisan judicial candidate" means a

7-15     candidate in a nonpartisan judicial election.

7-16           SECTION 7.  Section 52.092, Election Code, is amended to read

7-17     as follows:

7-18           Sec. 52.092.  Offices Regularly Filled at General Election

7-19     for State and County Officers.  (a)  For an election at which

7-20     offices regularly filled at the general election for state and

7-21     county officers, including the nonpartisan judicial election,  are

7-22     to appear on the ballot, the offices shall be listed in the

7-23     following order:

7-24                 (1)  offices of the federal government;

7-25                 (2)  offices of the state government:

7-26                       (A)  statewide offices;

7-27                       (B)  district offices;

7-28                 (3)  offices of the county government:

7-29                       (A)  county offices;

7-30                       (B)  precinct offices.

7-31           (b)  Offices of the federal government shall be listed in the

7-32     following order:

7-33                 (1)  president and vice-president of the United States;

7-34                 (2)  United States senator;

7-35                 (3)  United States representative.

7-36           (c)  Statewide offices of the state government shall be

7-37     listed in the following order:

7-38                 (1)  governor;

7-39                 (2)  lieutenant governor;

7-40                 (3)  attorney general;

7-41                 (4)  comptroller of public accounts;

7-42                 (5)  [state treasurer;]

7-43                 [(6)]  commissioner of the General Land Office;

7-44                 (6) [(7)]  commissioner of agriculture;

7-45                 (7) [(8)]  railroad commissioner[;]

7-46                 [(9)  chief justice, supreme court;]

7-47                 [(10)  justice, supreme court;]

7-48                 [(11)  presiding judge, court of criminal appeals;]

7-49                 [(12)  judge, court of criminal appeals].

7-50           (d)  District offices of the state government shall be listed

7-51     in the following order:

7-52                 (1)  member, State Board of Education;

7-53                 (2)  state senator;

7-54                 (3)  state representative;

7-55                 (4)  [chief justice, court of appeals;]

7-56                 [(5)  justice, court of appeals;]

7-57                 [(6)  district judge;]

7-58                 [(7)  criminal district judge;]

7-59                 [(8)  family district judge;]

7-60                 [(9)]  district attorney;

7-61                 (5) [(10)]  criminal district attorney.

7-62           (e)  County offices shall be listed in the following order:

7-63                 (1)  county judge;

7-64                 (2)  judge, county court at law;

7-65                 (3)  judge, county criminal court;

7-66                 (4)  judge, county probate court;

7-67                 (5)  county attorney;

7-68                 (6)  district clerk;

7-69                 (7)  district and county clerk;

 8-1                 (8)  county clerk;

 8-2                 (9)  sheriff;

 8-3                 (10)  sheriff and tax assessor-collector;

 8-4                 (11)  county tax assessor-collector;

 8-5                 (12)  county treasurer;

 8-6                 (13)  county school trustee (county with population of

 8-7     two million or more);

 8-8                 (14)  county surveyor;

 8-9                 (15)  inspector of hides and animals.

8-10           (f)  Precinct offices shall be listed in the following order:

8-11                 (1)  county commissioner;

8-12                 (2)  justice of the peace;

8-13                 (3)  constable;

8-14                 (4)  public weigher.

8-15           (g)  Nonpartisan judicial offices shall be listed in the

8-16     following order:

8-17                 (1)  chief justice, supreme court;

8-18                 (2)  justice, supreme court;

8-19                 (3)  presiding judge, court of criminal appeals;

8-20                 (4)  judge, court of criminal appeals;

8-21                 (5)  chief justice, court of appeals;

8-22                 (6)  justice, court of appeals;

8-23                 (7)  district judge;

8-24                 (8)  criminal district judge;

8-25                 (9)  family district judge.

8-26           (h)  If two or more offices having the same title except for

8-27     a place number or other distinguishing number are to appear on the

8-28     ballot, the number shall appear as part of the office title and the

8-29     offices shall be listed in numerical order.

8-30           (i) [(h)]  The secretary of state shall assign a place number

8-31     to each position for which a retention [to be filled at the

8-32     general] election is to be held for [state and county officers for

8-33     each full or unexpired term in] the following offices:

8-34                 (1)  justice, supreme court;

8-35                 (2)  judge, court of criminal appeals; and

8-36                 (3)  justice, court of appeals in a court having a

8-37     membership in excess of three, if distinguishing the positions to

8-38     be filled is necessary.

8-39           (j) [(i)]  The secretary of state shall designate the

8-40     position of new offices on the ballot.

8-41           (k) [(j)]  The office of judge of a multicounty statutory

8-42     county court created under Subchapter D, Chapter 25, Government

8-43     Code, is considered to be a county office for purposes of listing

8-44     the office on the ballot and to be a district office for all other

8-45     purposes under this code.

8-46           SECTION 8.  Subsection (a), Section 141.001, Election Code,

8-47     is amended to read as follows:

8-48           (a)  To be eligible to be a candidate for, or elected or

8-49     appointed to, a public elective office in this state, a person

8-50     must:

8-51                 (1)  be a United States citizen;

8-52                 (2)  be 18 years of age or older on the first day of

8-53     the term to be filled at the election or on the date of

8-54     appointment, as applicable;

8-55                 (3)  have not been determined mentally incompetent by a

8-56     final judgment of a court;

8-57                 (4)  have not been finally convicted of a felony from

8-58     which the person has not been pardoned or otherwise released from

8-59     the resulting disabilities;

8-60                 (5)  have resided continuously in the state for 12

8-61     months and in the territory from which the office is elected for

8-62     six months immediately preceding the following date:

8-63                       (A)  for a candidate whose name is to appear on a

8-64     general primary election ballot, the date of the regular filing

8-65     deadline for a candidate's application for a place on the ballot;

8-66                       (B)  for an independent candidate or a

8-67     nonpartisan judicial candidate, other than a candidate for

8-68     retention, the date of the regular filing deadline for a

8-69     candidate's application for a place on the ballot;

 9-1                       (C)  for a write-in candidate, the date of the

 9-2     election at which the candidate's name is written in;

 9-3                       (D)  for a party nominee who is nominated by any

 9-4     method other than by primary election, the date the nomination is

 9-5     made; and

 9-6                       (E)  for an appointee to an office, the date the

 9-7     appointment is made; and

 9-8                 (6)  satisfy any other eligibility requirements

 9-9     prescribed by law for the office.

9-10           SECTION 9.  Subsection (b), Section 145.003, Election Code,

9-11     is amended to read as follows:

9-12           (b)  A candidate in the general election for state and county

9-13     officers, including the nonpartisan judicial election, may be

9-14     declared ineligible before the 30th day preceding election day by:

9-15                 (1)  the party officer responsible for certifying the

9-16     candidate's name for placement on the general election ballot, in

9-17     the case of a candidate who is a political party's nominee; or

9-18                 (2)  the authority with whom the candidate's

9-19     application for a place on the ballot or declaration of candidacy

9-20     is required to be filed, in the case of an independent candidate or

9-21     a nonpartisan judicial candidate, as applicable.

9-22           SECTION 10.  Subsection (a), Section 145.005, Election Code,

9-23     is amended to read as follows:

9-24           (a)  If the name of a deceased or ineligible candidate

9-25     appears on the ballot [under this chapter], the votes cast for the

9-26     candidate shall be counted and entered on the official election

9-27     returns in the same manner as for the other candidates.

9-28           SECTION 11.  Section 146.021, Election Code, is amended to

9-29     read as follows:

9-30           Sec. 146.021.  Applicability of Subchapter.  This subchapter

9-31     applies to a write-in candidate for an office that is to be voted

9-32     on at the general election for state and county officers, including

9-33     the nonpartisan judicial election.

9-34           SECTION 12.  Subsections (c) and (e), Section 172.021,

9-35     Election Code, are amended to read as follows:

9-36           (c)  An application filed by mail is considered to be filed

9-37     at the time of its receipt by the appropriate authority.

9-38           (e)  A candidate for an office specified by Section

9-39     172.024(a)(8) [, (10), or (12)], or for justice of the peace in a

9-40     county with a population of more than one million [850,000], who

9-41     chooses to pay the filing fee must also accompany the application

9-42     with a petition that complies with the requirements prescribed for

9-43     the petition authorized by Subsection (b), except that the minimum

9-44     number of signatures that must appear on the petition required by

9-45     this subsection is 250.  If the candidate chooses to file the

9-46     petition authorized by Subsection (b) instead of the filing fee,

9-47     the minimum number of signatures required for that petition is

9-48     increased by 250.  Signatures on a petition filed under this

9-49     subsection or Subsection (b) by a candidate covered by this

9-50     subsection may not be obtained on the grounds of a county

9-51     courthouse or courthouse annex.

9-52           SECTION 13.  Subsection (a), Section 172.024, Election Code,

9-53     is amended to read as follows:

9-54           (a)  The filing fee for a candidate for nomination in the

9-55     general primary election is as follows:

9-56                 (1)  United States senator ..................... $4,000

9-57                 (2)  office elected statewide, except United States

9-58                      senator .................................... 3,000

9-59                 (3)  United States representative ............... 2,500

9-60                 (4)  state senator .............................. 1,000

9-61                 (5)  state representative ......................... 600

9-62                 (6)  member, State Board of Education ............. 250

9-63                 (7)  [chief justice or justice, court of appeals,

9-64                      other  than  a  justice  specified  by

9-65                      Subdivision  (8) ........................... 1,500]

9-66                 [(8)  chief justice or justice of a court of appeals

9-67                       that serves a court of appeals district in which

9-68                       a county with a population of more than 850,000

9-69                       is wholly or partly situated .............. 2,000]

 10-1                [(9)  district judge or judge specified by Section

 10-2                      52.092(d) for which this schedule does not

 10-3                      otherwise prescribe a fee ................. 1,200]

 10-4                [(10)  district or criminal district judge of a court

 10-5                       in a judicial district wholly contained in  a

 10-6                       county  with  a  population  of  more  than

 10-7                       850,000 .................................. 2,000]

 10-8                [(11)]  judge, statutory county court, other than

 10-9                        a   judge   specified   by   Subdivision   (8)

10-10                        [(12)] .................................. 1,200

10-11                (8) [(12)]  judge of a statutory county court in a

10-12                     county with a population of more than one million

10-13                     [850,000] .................................. 2,000

10-14                (9) [(13)]  district attorney, criminal district

10-15                     attorney, or county attorney performing the duties

10-16                     of a district attorney ..................... 1,000

10-17                (10) [(14)]  county commissioner or judge,

10-18                     constitutional county court:

10-19                     (A)  county    with   a    population  of  200,000

10-20                          or more ............................... 1,000

10-21                     (B)  county   with   a    population    of   under

10-22                          200,000 ................................. 600

10-23                (11) [(15)]  justice of the peace or constable:

10-24                     (A)  county   with   a   population   of   200,000

10-25                          or more ................................. 800

10-26                     (B)  county   with   a    population    of   under

10-27                          200,000 ................................. 300

10-28                (12) [(16)]  county surveyor, inspector of hides and

10-29                     animals, or public weigher .................... 50

10-30                (13) [(17)]  office of the  county  government for

10-31                      which this    schedule    does    not otherwise

10-32                      prescribe a fee ............................. 600

10-33          SECTION 14.  Chapter 202, Election Code, is amended by

10-34    amending Section 202.002 and by adding Section 202.008 to read as

10-35    follows:

10-36          Sec. 202.002.  Vacancy Filled at General Election.  (a)  If a

10-37    vacancy occurs on or before the 65th day before the date of the

10-38    general election for state and county officers, including the

10-39    nonpartisan judicial election, held in the next-to-last

10-40    even-numbered year of a term of office, the remainder of the

10-41    unexpired term, or for a nonpartisan judicial office the four-year

10-42    term beginning on the next January 1 following the general

10-43    election, shall be filled at the next general election for state

10-44    and county officers, as provided by this chapter.

10-45          (b)  If a vacancy occurs after the 65th day before a general

10-46    election day, an election for the unexpired term, or for a

10-47    nonpartisan judicial office an election for a new four-year term,

10-48    may not be held at that general election.  The appointment to fill

10-49    the vacancy continues until the next succeeding general election

10-50    and until a successor has been elected and has qualified for the

10-51    office.

10-52          Sec. 202.008.  Filing Deadline For Application of Nonpartisan

10-53    Judicial Candidate.  (a)  If a vacancy in a nonpartisan judicial

10-54    office occurs on or before the 10th day before the date of the

10-55    regular deadline for filing an application for a place on the

10-56    nonpartisan judicial election ballot, an application for election

10-57    to the next four-year term must be filed by the regular filing

10-58    deadline.

10-59          (b)  If the vacancy occurs after the 10th day before the date

10-60    of the regular filing deadline, an application for election to the

10-61    next four-year term must be filed not later than 5 p.m. of the 15th

10-62    day after the date the vacancy occurs or 5 p.m. of the 60th day

10-63    before election day, whichever is earlier.

10-64          SECTION 15.  (a)  A district judge in office on the effective

10-65    date of this Act, unless otherwise removed as provided by law, is

10-66    entitled to continue in office for the term to which elected as

10-67    provided by this section.

10-68          (b)  Terms of district judges elected to full terms in the

10-69    general election in 1994 expire January 1, 1999.  Terms of district

 11-1    judges elected to full terms in the general election in 1996 expire

 11-2    January 1, 2001.

 11-3          (c)  The first nonpartisan judicial election shall be the

 11-4    election in November, 1998.  For the purpose of initiating the

 11-5    election and retention cycle required by Section 24.0016,

 11-6    Government Code, as added by this Act, district judges elected to

 11-7    office and holding office for the terms provided by Subsection (b)

 11-8    of this section stand for reelection or retention in accordance

 11-9    with this subsection.  In the last year of the term provided by

11-10    Subsection (b) of this section, and at each applicable subsequent

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

11-12    rejection unless at the end of that term the judge will have served

11-13    12 or more consecutive years in the office of district judge of

11-14    that court.  At the end of the term during which the judge has

11-15    served 12 consecutive years in the office of district judge of a

11-16    court, the office is filled by election from the judicial district,

11-17    state representative district, or commissioners court precinct, as

11-18    applicable.  If the judge is reelected, the term is considered the

11-19    first term to which the judge has been elected for purposes of

11-20    Section 24.0016, Government Code, as added by this Act, and in

11-21    accordance with that section at the end of that term and at the end

11-22    of the immediately following continuous term, the judge is subject

11-23    to retention or rejection.

11-24          SECTION 16.  (a)  Each supreme court justice, court of

11-25    criminal appeals judge, and court of appeals justice in office

11-26    January 1, 1998, unless otherwise removed as provided by law,

11-27    continues in office for the term to which elected.

11-28          (b)  Each supreme court justice, court of criminal appeals

11-29    judge, and court of appeals justice who is in office January 1,

11-30    1998, is subject to retention or rejection, in the manner provided

11-31    by law, at the general election preceding the expiration of the

11-32    regular or unexpired term for which each was elected or appointed.

11-33    A vacancy does not exist in those offices until the expiration of

11-34    the term of the person who held the office January 1, 1998, or

11-35    until that person does not hold the office, whichever occurs first.

11-36          SECTION 17.  This Act takes effect only if the constitutional

11-37    amendment proposed by the 75th Legislature, Regular Session, 1997,

11-38    relating to the appointment of appellate justices and judges by the

11-39    governor and retention or rejection of those justices and judges,

11-40    to the nonpartisan election and retention or rejection of district

11-41    judges, to the election of district judges in certain counties from

11-42    state representative districts or commissioners court precincts,

11-43    and to the alteration of the terms of certain judicial offices is

11-44    adopted.  If the amendment is adopted, this Act takes effect

11-45    January 1, 1998.

11-46          SECTION 18.  The importance of this legislation and the

11-47    crowded condition of the calendars in both houses create an

11-48    emergency and an imperative public necessity that the

11-49    constitutional rule requiring bills to be read on three several

11-50    days in each house be suspended, and this rule is hereby suspended.

11-51                                 * * * * *