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.