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 * * * * *