By Dutton H.B. No. 762 76R1751 MLS-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to prohibiting certain personnel in a prosecuting 1-3 attorney's office or a city attorney's office from running for an 1-4 elected judicial office. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. Subchapter B, Chapter 41, Government Code, is 1-7 amended by adding Section 41.111 to read as follows: 1-8 Sec. 41.111. PROHIBITION ON RUNNING FOR ELECTED JUDICIAL 1-9 OFFICE. (a) In this section, "elected judicial office" means the 1-10 following judicial offices: 1-11 (1) chief justice or justice of the supreme court; 1-12 (2) presiding judge or judge of the court of criminal 1-13 appeals; 1-14 (3) chief justice or justice of a court of appeals; 1-15 (4) district judge, including a criminal district 1-16 judge; 1-17 (5) judge of a statutory county court; 1-18 (6) county judge who performs judicial functions; 1-19 (7) justice of the peace; or 1-20 (8) municipal court judge. 1-21 (b) Assistant prosecuting attorneys, investigators, 1-22 secretaries, and other office personnel employed by a prosecuting 1-23 attorney may not run for an elected judicial office while 1-24 maintaining employment with the prosecuting attorney. 2-1 (c) A prosecuting attorney may grant a leave of absence to 2-2 an assistant prosecuting attorney, investigator, secretary, or 2-3 other office personnel for the purpose of running for an elected 2-4 judicial office. 2-5 SECTION 2. Chapter 180, Local Government Code, is amended 2-6 by adding Section 180.004 to read as follows: 2-7 Sec. 180.004. CERTAIN MUNICIPAL EMPLOYEES PROHIBITED FROM 2-8 RUNNING FOR ELECTED JUDICIAL OFFICE. (a) In this section, 2-9 "elected judicial office" means the following judicial offices: 2-10 (1) chief justice or justice of the supreme court; 2-11 (2) presiding judge or judge of the court of criminal 2-12 appeals; 2-13 (3) chief justice or justice of a court of appeals; 2-14 (4) district judge, including a criminal district 2-15 judge; 2-16 (5) judge of a statutory county court; 2-17 (6) county judge who performs judicial functions; 2-18 (7) justice of the peace; or 2-19 (8) municipal court judge. 2-20 (b) A paid employee of a city attorney's office may not run 2-21 for an elected judicial office while maintaining employment with 2-22 the city attorney's office. 2-23 (c) The governing body of a city may grant a leave of 2-24 absence to an employee of the city attorney's office for the 2-25 purpose of running for an elected judicial office. 2-26 SECTION 3. This Act takes effect September 1, 1999. 2-27 SECTION 4. The importance of this legislation and the 3-1 crowded condition of the calendars in both houses create an 3-2 emergency and an imperative public necessity that the 3-3 constitutional rule requiring bills to be read on three several 3-4 days in each house be suspended, and this rule is hereby suspended.