By Hupp H.B. No. 1361
76R3277 GGS-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the appointment of justices of the Texas Supreme Court
1-3 and judges of the Court of Criminal Appeals and to the nonpartisan
1-4 retention or rejection of those justices and judges.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Chapter 22, Government Code, is amended by adding
1-7 Subchapter E to read as follows:
1-8 SUBCHAPTER E. APPOINTMENT AND RETENTION OF CERTAIN JUSTICES
1-9 AND JUDGES
1-10 Sec. 22.401. DEFINITION. In this subchapter, "committee"
1-11 means the judicial selection committee.
1-12 Sec. 22.402. JUDICIAL SELECTION COMMITTEE. (a) The
1-13 judicial selection committee is composed of 11 residents of this
1-14 state, one of whom is the president of the State Bar of Texas, and
1-15 10 of whom are appointed as follows:
1-16 (1) two persons appointed by the governor;
1-17 (2) two persons appointed by the lieutenant governor;
1-18 (3) two persons appointed by the speaker of the house
1-19 of representatives;
1-20 (4) two persons appointed by the chief justice of the
1-21 supreme court; and
1-22 (5) two persons appointed by the attorney general.
1-23 (b) Each appointing authority shall appoint one person who
1-24 is a member of the State Bar of Texas and one person who is not an
2-1 attorney.
2-2 Sec. 22.403. TERMS OF OFFICE. Appointed members of the
2-3 committee serve at the will of their appointing authority. A
2-4 vacancy on the committee is filled by the original appointing
2-5 authority for that position.
2-6 Sec. 22.404. CHAIR. The committee shall elect one of its
2-7 members as chair of the committee.
2-8 Sec. 22.405. MEETINGS. Meetings shall be held at the times
2-9 and places as may be designated by the chair.
2-10 Sec. 22.406. RULES. The committee shall adopt rules under
2-11 which the committee operates.
2-12 Sec. 22.407. LIST OF NOMINEES. (a) When a vacancy occurs
2-13 in the office of a supreme court justice or a court of criminal
2-14 appeals judge, the committee shall meet and select three nominees
2-15 eligible to hold the office. Each nominee shall be selected by a
2-16 majority vote of the members of the committee.
2-17 (b) The committee shall submit the list to the governor not
2-18 later than the 42nd day after the date a vacancy occurs.
2-19 Sec. 22.408. APPOINTMENT BY GOVERNOR. (a) The governor
2-20 shall appoint a person to fill an existing vacancy from the list of
2-21 nominees submitted to the governor by the committee to fill that
2-22 particular vacancy.
2-23 (b) The governor shall appoint a person not later than the
2-24 14th day after the date the governor receives the list.
2-25 (c) If the committee does not submit a list within the
2-26 period provided by Section 22.407(b), the governor may appoint any
2-27 qualified person to the vacancy.
3-1 Sec. 22.409. APPOINTMENT AND RETENTION CYCLE. (a) In
3-2 conjunction with the last general election for state and county
3-3 officers to be held before the end of a term of office to which a
3-4 justice or judge is appointed or retained, the justice or judge is
3-5 subject to retention or rejection at the nonpartisan judicial
3-6 retention election in accordance with Chapter 291, Election Code.
3-7 (b) If a justice or judge does not seek retention, or
3-8 withdraws from the retention election, as provided by Chapter 291,
3-9 Election Code, the vacancy existing at the beginning of the
3-10 succeeding term shall be filled in the manner prescribed by the
3-11 Texas Constitution.
3-12 (c) If a vacancy occurs in the office of a justice or judge
3-13 seeking retention and the justice's or judge's name is omitted from
3-14 the retention election ballot under Chapter 291, Election Code, the
3-15 vacancy shall be filled in the manner prescribed by the Texas
3-16 Constitution.
3-17 Sec. 22.410. EFFECT OF RETENTION VOTE. (a) If a majority
3-18 of the votes received on the question are for the retention of the
3-19 justice or judge, the person is entitled to remain in office for a
3-20 regular term of six years beginning on the first day of the
3-21 following January, unless the person becomes ineligible or is
3-22 removed as provided by law.
3-23 (b) If less than a majority of the votes received on the
3-24 question are for retention, a vacancy in the office exists on the
3-25 first day of the following January, and the vacancy shall be filled
3-26 in the manner prescribed by the Texas Constitution.
3-27 (c) If the name of a justice or judge seeking retention
4-1 appears on the retention election ballot under Chapter 291,
4-2 Election Code, although a vacancy has occurred in the office, the
4-3 retention election for that office has no effect, and the vacancy
4-4 shall be filled in the manner prescribed by the Texas Constitution.
4-5 SECTION 2. Section 41.002, Election Code, is amended to read
4-6 as follows:
4-7 Sec. 41.002. GENERAL ELECTION FOR STATE AND COUNTY OFFICERS.
4-8 The general election for state and county officers, including the
4-9 nonpartisan judicial retention election, shall be held on the first
4-10 Tuesday after the first Monday in November in even-numbered years.
4-11 SECTION 3. The Election Code is amended by adding Title 17
4-12 to read as follows:
4-13 TITLE 17. NONPARTISAN JUDICIAL RETENTION ELECTIONS
4-14 CHAPTER 291. RETENTION ELECTION
4-15 Sec. 291.001. DECLARATION OF CANDIDACY. (a) Not later than
4-16 5 p.m. on June 1 preceding the nonpartisan judicial retention
4-17 election at which the justice or judge is subject to retention or
4-18 rejection, a justice or judge who seeks to continue to serve in
4-19 that office must file with the secretary of state a declaration of
4-20 candidacy to succeed to the next term.
4-21 (b) A declaration may not be filed earlier than the 30th day
4-22 before the date of the filing deadline. A declaration filed by
4-23 mail is considered to be filed at the time of its receipt by the
4-24 appropriate authority.
4-25 (c) The filling of the subsequent vacancy for the office for
4-26 which a declaration of candidacy is not filed is covered by Chapter
4-27 22, Government Code.
5-1 Sec. 291.002. WITHDRAWAL, DEATH, OR INELIGIBILITY. (a)
5-2 With respect to withdrawal, death, or ineligibility of a candidate
5-3 in a nonpartisan judicial retention election, this section
5-4 supersedes Subchapter A, Chapter 145, to the extent of any
5-5 conflict.
5-6 (b) A candidate may not withdraw from the retention election
5-7 after the 65th day before election day.
5-8 (c) A withdrawal request must be filed with the authority
5-9 with whom the withdrawing candidate's declaration of candidacy is
5-10 required to be filed.
5-11 (d) A candidate's name shall be omitted from the retention
5-12 election ballot if the candidate withdraws, dies, or is declared
5-13 ineligible on or before the 65th day before election day.
5-14 (e) If a candidate who has made a declaration of candidacy
5-15 that complies with the applicable requirements dies or is declared
5-16 ineligible after the 65th day before election day, the candidate's
5-17 name shall be placed on the retention election ballot.
5-18 (f) The filling of the subsequent vacancy for the office
5-19 following implementation of Subsection (d) or (e) is covered by
5-20 Chapter 22, Government Code.
5-21 Sec. 291.003. CERTIFICATION OF NAMES FOR PLACEMENT ON
5-22 RETENTION ELECTION BALLOT. (a) Except as provided by Subsection
5-23 (c), the secretary of state shall certify in writing for placement
5-24 on the nonpartisan judicial retention election ballot the name of
5-25 each candidate who files with the secretary a declaration of
5-26 candidacy that complies with Section 291.001.
5-27 (b) Not later than the 55th day before election day, the
6-1 secretary of state shall deliver the certification to the authority
6-2 responsible for having the official ballot prepared in each county
6-3 in which the candidate's name is to appear on the ballot.
6-4 (c) A candidate's name may not be certified if, before
6-5 delivering the certification, the secretary of state learns that
6-6 the name is to be omitted from the ballot under Section 291.002.
6-7 Sec. 291.004. Retention Election Ballot. The name of the
6-8 person subject to retention or rejection shall be submitted to the
6-9 voters on the nonpartisan judicial retention election ballot
6-10 following the offices subject to election under the heading
6-11 "Retention of Nonpartisan Judicial Offices," in substantially the
6-12 following form:
6-13 "Shall (Justice or Judge)__________________________
6-14 ___________________________________________________
6-15 be retained in office as (justice or judge) of the
6-16 (name of court)__________________________________?"
6-17 ____"Yes"
6-18 ____"No"
6-19 Sec. 291.005. General Procedure for Conduct of Retention
6-20 Election. (a) Except as otherwise provided by this code, the
6-21 nonpartisan judicial retention election shall be conducted and the
6-22 results canvassed, tabulated, and reported in the manner applicable
6-23 to partisan offices in the general election for state and county
6-24 officers.
6-25 (b) A certificate of election shall be issued to a retained
6-26 officer in the same manner as provided for a candidate elected to
6-27 the office.
7-1 Sec. 291.006. WRITE-IN VOTING PROHIBITED. Write-in voting
7-2 is not permitted in a nonpartisan judicial retention election.
7-3 Sec. 291.007. Political Contributions and Expenditures. A
7-4 candidate for retention of a judicial office is subject to Title 15
7-5 and shall comply with that title in the same manner as a candidate
7-6 for election to the office.
7-7 Sec. 291.008. Applicability of Other Parts of Code. The
7-8 other titles of this code apply to a nonpartisan judicial retention
7-9 election except provisions that are inconsistent with this title or
7-10 that cannot feasibly be applied in a retention election.
7-11 Sec. 291.009. Additional Procedures. The secretary of state
7-12 shall prescribe any additional procedures necessary for the orderly
7-13 and proper administration of elections held under this chapter.
7-14 SECTION 4. Section 1.005, Election Code, is amended by
7-15 amending Subdivision (9) and by adding Subdivisions (25) and (26)
7-16 to read as follows:
7-17 (9) "Independent candidate" means a candidate in a
7-18 nonpartisan election or a candidate in a partisan election who is
7-19 not the nominee of a political party. The term does not include a
7-20 nonpartisan judicial candidate.
7-21 (25) "Nonpartisan judicial candidate" means a
7-22 candidate in a nonpartisan judicial retention election.
7-23 (26) "Nonpartisan judicial retention election" means
7-24 an election held under Chapter 291.
7-25 SECTION 5. Section 52.092, Election Code, is amended by
7-26 amending Subsections (a), (c), and (g)-(j) and by adding Subsection
7-27 (k) to read as follows:
8-1 (a) For an election at which offices regularly filled at the
8-2 general election for state and county officers, including the
8-3 nonpartisan judicial retention election, are to appear on the
8-4 ballot, the offices shall be listed in the following order:
8-5 (1) offices of the federal government;
8-6 (2) offices of the state government:
8-7 (A) statewide offices;
8-8 (B) district offices;
8-9 (3) offices of the county government:
8-10 (A) county offices;
8-11 (B) precinct offices.
8-12 (c) Statewide offices of the state government shall be
8-13 listed in the following order:
8-14 (1) governor;
8-15 (2) lieutenant governor;
8-16 (3) attorney general;
8-17 (4) comptroller of public accounts;
8-18 (5) commissioner of the General Land Office;
8-19 (6) commissioner of agriculture;
8-20 (7) railroad commissioner[;]
8-21 [(8) chief justice, supreme court;]
8-22 [(9) justice, supreme court;]
8-23 [(10) presiding judge, court of criminal appeals;]
8-24 [(11) judge, court of criminal appeals].
8-25 (g) The nonpartisan judicial retention election offices
8-26 shall be listed in the following order:
8-27 (1) chief justice, supreme court;
9-1 (2) justice, supreme court;
9-2 (3) presiding judge, court of criminal appeals;
9-3 (4) judge, court of criminal appeals.
9-4 (h) [(g)] If two or more offices having the same title
9-5 except for a place number or other distinguishing number are to
9-6 appear on the ballot, the number shall appear as part of the office
9-7 title and the offices shall be listed in numerical order.
9-8 (i) [(h)] The secretary of state shall assign a place number
9-9 to each position to be voted on or filled, as applicable, at the
9-10 nonpartisan judicial retention election or general election for
9-11 state and county officers for each full or unexpired term in the
9-12 following offices:
9-13 (1) justice, supreme court;
9-14 (2) judge, court of criminal appeals; and
9-15 (3) justice, court of appeals in a court having a
9-16 membership in excess of three, if distinguishing the positions to
9-17 be filled is necessary.
9-18 (j) [(i)] The secretary of state shall designate the
9-19 position of new offices on the ballot.
9-20 (k) [(j)] The office of judge of a multicounty statutory
9-21 county court created under Subchapter D, Chapter 25, Government
9-22 Code, is considered to be a county office for purposes of listing
9-23 the office on the ballot and to be a district office for all other
9-24 purposes under this code.
9-25 SECTION 6. Section 145.003(b), Election Code, is amended to
9-26 read as follows:
9-27 (b) A candidate in the general election for state and county
10-1 officers, including the nonpartisan judicial retention election,
10-2 may be declared ineligible before the 30th day preceding election
10-3 day by:
10-4 (1) the party officer responsible for certifying the
10-5 candidate's name for placement on the general election ballot, in
10-6 the case of a candidate who is a political party's nominee; or
10-7 (2) the authority with whom the candidate's
10-8 application for a place on the ballot or declaration of candidacy
10-9 is required to be filed, in the case of an independent candidate or
10-10 a nonpartisan judicial candidate, as applicable.
10-11 SECTION 7. Section 145.005(a), Election Code, is amended to
10-12 read as follows:
10-13 (a) If the name of a deceased or ineligible candidate
10-14 appears on the ballot [under this chapter], the votes cast for the
10-15 candidate shall be counted and entered on the official election
10-16 returns in the same manner as for the other candidates.
10-17 SECTION 8. Section 202.001, Election Code, is amended to
10-18 read as follows:
10-19 Sec. 202.001. APPLICABILITY OF CHAPTER. (a) This chapter
10-20 applies to elective offices of the state and county governments
10-21 except the offices of state senator and state representative.
10-22 (b) This chapter does not apply to the office of justice or
10-23 judge of the supreme court or court of criminal appeals.
10-24 SECTION 9. (a) The initial members of the judicial
10-25 selection committee created by this Act shall be appointed as soon
10-26 as practicable. In making the initial appointments, the governor,
10-27 lieutenant governor, speaker of the house of representatives, chief
11-1 justice of the supreme court, and the attorney general shall act
11-2 together as a selection committee to ensure compliance with
11-3 Subchapter E, Chapter 22, Government Code, as added by this Act.
11-4 (b) Each supreme court or court of criminal appeals justice
11-5 or judge in office January 1, 2000, unless otherwise removed as
11-6 provided by law, continues in office subject to this section.
11-7 (c) Each supreme court or court of criminal appeals justice
11-8 or judge who is in office January 1, 2000, is subject to retention
11-9 or rejection, in the manner provided by law, at the general
11-10 election preceding the expiration of the regular or unexpired term
11-11 for which each was elected or appointed.
11-12 SECTION 10. This Act takes effect only if the constitutional
11-13 amendment proposed by the 76th Legislature, Regular Session, 1999,
11-14 providing for gubernatorial appointment from a list of judicial
11-15 selection committee nominees to fill vacancies in the offices of
11-16 justices of the supreme court and judges of the court of criminal
11-17 appeals and for nonpartisan retention elections for those justices
11-18 and judges is adopted. If the amendment is adopted, this Act takes
11-19 effect January 1, 2000.
11-20 SECTION 11. The importance of this legislation and the
11-21 crowded condition of the calendars in both houses create an
11-22 emergency and an imperative public necessity that the
11-23 constitutional rule requiring bills to be read on three several
11-24 days in each house be suspended, and this rule is hereby suspended.