By Solomons H.B. No. 3837
76R12240 GGS-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the appointment, partisan election, and nonpartisan
1-3 retention or rejection of appellate justices and district judges.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 22, Government Code, is amended by adding
1-6 Subchapter E to read as follows:
1-7 SUBCHAPTER E. ELECTION AND RETENTION OF JUSTICES
1-8 Sec. 22.401. ELECTION AND RETENTION CYCLE. (a) In
1-9 conjunction with the last general election for state and county
1-10 officers to be held before the end of a term of office to which an
1-11 appellate justice is elected, and in conjunction with the last
1-12 general election to be held before the end of each following
1-13 continuous term in that office, the justice is subject to retention
1-14 or rejection at the nonpartisan judicial retention election in
1-15 accordance with Chapter 291, Election Code.
1-16 (b) If a justice does not seek retention, or withdraws from
1-17 the retention election, as provided by Chapter 291, Election Code,
1-18 the vacancy existing at the beginning of the succeeding term shall
1-19 be filled in the regular manner.
1-20 (c) If a vacancy occurs in the office of a justice seeking
1-21 retention and the justice's name is omitted from the retention
1-22 election ballot under Chapter 291, Election Code, the vacancy shall
1-23 be filled in the regular manner.
1-24 Sec. 22.402. EFFECT OF RETENTION VOTE. (a) If a majority
2-1 of the votes received on the question are for the retention of the
2-2 justice, the person is entitled to remain in office for a regular
2-3 term of six years beginning on the first day of the following
2-4 January, unless the person becomes ineligible or is removed as
2-5 provided by law.
2-6 (b) If less than a majority of the votes received on the
2-7 question are for retention, a vacancy in the office exists on the
2-8 first day of the following January, and the vacancy shall be filled
2-9 in the regular manner.
2-10 (c) If the name of a justice seeking retention appears on
2-11 the retention election ballot under Chapter 291, Election Code,
2-12 although a vacancy has occurred in the office, the retention
2-13 election for that office has no effect, and the vacancy shall be
2-14 filled in the regular manner.
2-15 SECTION 2. Subchapter A, Chapter 24, Government Code, is
2-16 amended by adding Sections 24.0015, 24.0016, and 24.0017 to read as
2-17 follows:
2-18 Sec. 24.0015. ELECTION FROM QUADRANTS IN POPULOUS COUNTIES.
2-19 (a) The judges of the judicial districts composed entirely of a
2-20 county with a population of 650,000 or more shall be elected from
2-21 quadrants as provided by the applicable provisions of the Texas
2-22 Constitution and other law.
2-23 (b) The district courts shall be distributed among the
2-24 quadrants in sequential order of those quadrants through the
2-25 filling of vacancies as they occur. The distribution shall be
2-26 implemented so that the particular categories of courts are
2-27 distributed as evenly as possible among the quadrants in a
3-1 sequential order. To the extent practicable, an equal number of
3-2 district judges shall be elected from each quadrant of a county.
3-3 The assignment of a district court to a particular quadrant may be
3-4 changed in subsequent elections as appropriate.
3-5 Sec. 24.0016. ELECTION AND RETENTION CYCLE. (a) In
3-6 conjunction with the last general election for state and county
3-7 officers to be held before the end of a term of office to which a
3-8 district judge is elected, and in conjunction with the last general
3-9 election to be held before the end of each following continuous
3-10 term in that office, the judge is subject to retention or rejection
3-11 at the nonpartisan judicial retention election in accordance with
3-12 Chapter 291, Election Code.
3-13 (b) The qualified voters of the entire judicial district are
3-14 entitled to vote on the question of retention or rejection, except
3-15 that only the qualified voters of the quadrant are entitled to vote
3-16 on that question for a district judge elected from a quadrant.
3-17 (c) If a district judge does not seek retention, or
3-18 withdraws from the retention election, as provided by Chapter 291,
3-19 Election Code, the vacancy existing at the beginning of the
3-20 succeeding term shall be filled in the regular manner.
3-21 Sec. 24.0017. EFFECT OF RETENTION VOTE. (a) If a majority
3-22 of the votes received on the question are for the retention of the
3-23 district judge, the person is entitled to remain in office for a
3-24 regular term of four years beginning on the first day of the
3-25 following January, unless the person becomes ineligible or is
3-26 removed as provided by law.
3-27 (b) If less than a majority of the votes received on the
4-1 question are for retention, a vacancy in the office exists on the
4-2 first day of the following January, and the vacancy shall be filled
4-3 in the regular manner.
4-4 (c) If the name of a judge seeking retention appears on the
4-5 retention election ballot under Chapter 291, Election Code,
4-6 although a vacancy has occurred in the office, the retention
4-7 election for that office has no effect, and the vacancy shall be
4-8 filled in the regular manner.
4-9 SECTION 3. Section 41.002, Election Code, is amended to read
4-10 as follows:
4-11 Sec. 41.002. GENERAL ELECTION FOR STATE AND COUNTY OFFICERS.
4-12 The general election for state and county officers, including the
4-13 nonpartisan judicial retention election, shall be held on the first
4-14 Tuesday after the first Monday in November in even-numbered years.
4-15 SECTION 4. The Election Code is amended by adding Title 17
4-16 to read as follows:
4-17 TITLE 17. NONPARTISAN JUDICIAL RETENTION ELECTIONS
4-18 CHAPTER 291. RETENTION ELECTION
4-19 Sec. 291.001. DECLARATION OF CANDIDACY. (a) Not later than
4-20 5 p.m. on June 1 preceding the nonpartisan judicial retention
4-21 election at which the justice or judge is subject to retention or
4-22 rejection, a justice or judge who seeks to continue to serve in
4-23 that office must file with the secretary of state a declaration of
4-24 candidacy to succeed to the next term.
4-25 (b) A declaration may not be filed earlier than the 30th day
4-26 before the date of the filing deadline. A declaration filed by
4-27 mail is considered to be filed at the time of its receipt by the
5-1 appropriate authority.
5-2 (c) The filling of the subsequent vacancy for the office for
5-3 which a declaration of candidacy is not filed is covered by Chapter
5-4 22 or 24, Government Code, as applicable.
5-5 Sec. 291.002. WITHDRAWAL, DEATH, OR INELIGIBILITY. (a)
5-6 With respect to withdrawal, death, or ineligibility of a candidate
5-7 in a nonpartisan judicial retention election, this section
5-8 supersedes Subchapter A, Chapter 145, to the extent of any
5-9 conflict.
5-10 (b) A candidate may not withdraw from the retention election
5-11 after the 65th day before election day.
5-12 (c) A withdrawal request must be filed with the authority
5-13 with whom the withdrawing candidate's declaration of candidacy is
5-14 required to be filed.
5-15 (d) A candidate's name shall be omitted from the retention
5-16 election ballot if the candidate withdraws, dies, or is declared
5-17 ineligible on or before the 65th day before election day.
5-18 (e) If a candidate who has made a declaration of candidacy
5-19 that complies with the applicable requirements dies or is declared
5-20 ineligible after the 65th day before election day, the candidate's
5-21 name shall be placed on the retention election ballot.
5-22 (f) The filling of the subsequent vacancy for the office
5-23 following implementation of Subsection (d) or (e) is covered by
5-24 Chapter 22 or 24, Government Code, as applicable.
5-25 Sec. 291.003. CERTIFICATION OF NAMES FOR PLACEMENT ON
5-26 RETENTION ELECTION BALLOT. (a) Except as provided by Subsection
5-27 (c), the secretary of state shall certify in writing for placement
6-1 on the nonpartisan judicial retention election ballot the name of
6-2 each candidate who files with the secretary a declaration of
6-3 candidacy that complies with Section 291.001.
6-4 (b) Not later than the 55th day before election day, the
6-5 secretary of state shall deliver the certification to the authority
6-6 responsible for having the official ballot prepared in each county
6-7 in which the candidate's name is to appear on the ballot.
6-8 (c) A candidate's name may not be certified if, before
6-9 delivering the certification, the secretary of state learns that
6-10 the name is to be omitted from the ballot under Section 291.002.
6-11 Sec. 291.004. RETENTION ELECTION BALLOT. The name of the
6-12 person subject to retention or rejection shall be submitted to the
6-13 voters on the nonpartisan judicial retention election ballot
6-14 following the offices subject to election under the heading
6-15 "Retention of Nonpartisan Judicial Offices," in substantially the
6-16 following form:
6-17 "Shall (Justice or Judge)__________________________
6-18 ___________________________________________________
6-19 be retained in office as (justice or judge) of the
6-20 (name of court)__________________________________?"
6-21 ____"Yes"
6-22 ____"No"
6-23 Sec. 291.005. GENERAL PROCEDURE FOR CONDUCT OF RETENTION
6-24 ELECTION. (a) Except as otherwise provided by this code, the
6-25 nonpartisan judicial retention election shall be conducted and the
6-26 results canvassed, tabulated, and reported in the manner applicable
6-27 to partisan offices in the general election for state and county
7-1 officers.
7-2 (b) A certificate of election shall be issued to a retained
7-3 officer in the same manner as provided for a candidate elected to
7-4 the office.
7-5 Sec. 291.006. WRITE-IN VOTING PROHIBITED. Write-in voting
7-6 is not permitted in a nonpartisan judicial retention election.
7-7 Sec. 291.007. POLITICAL CONTRIBUTIONS AND EXPENDITURES. A
7-8 candidate for retention of a judicial office is subject to Title 15
7-9 and shall comply with that title in the same manner as a candidate
7-10 for election to the office.
7-11 Sec. 291.008. APPLICABILITY OF OTHER PARTS OF CODE. The
7-12 other titles of this code apply to a nonpartisan judicial retention
7-13 election except provisions that are inconsistent with this title or
7-14 that cannot feasibly be applied in a retention election.
7-15 Sec. 291.009. ADDITIONAL PROCEDURES. The secretary of state
7-16 shall prescribe any additional procedures necessary for the orderly
7-17 and proper administration of elections held under this chapter.
7-18 SECTION 5. Section 1.005, Election Code, is amended by
7-19 amending Subdivisions (9) and (20) and by adding Subdivisions (25),
7-20 (26), and (27) to read as follows:
7-21 (9) "Independent candidate" means a candidate in a
7-22 nonpartisan election or a candidate in a partisan election who is
7-23 not the nominee of a political party. The term does not include a
7-24 nonpartisan judicial candidate.
7-25 (20) "Straight-party vote" means a vote by a single
7-26 mark, punch, or other action by the voter for all the nominees of
7-27 one political party, except nominees for partisan appellate and
8-1 district court offices, and for no other candidates.
8-2 (25) "Nonpartisan judicial candidate" means a
8-3 candidate in a nonpartisan judicial retention election.
8-4 (26) "Nonpartisan judicial retention election" means
8-5 an election held under Chapter 291.
8-6 (27) "Partisan appellate or district court office"
8-7 means an office listed in Section 52.092(g).
8-8 SECTION 6. Section 52.065, Election Code, is amended by
8-9 adding Subsection (f) to read as follows:
8-10 (f) Partisan appellate and district court offices shall
8-11 appear on the ballot in the same format as the other offices but
8-12 under the heading "Partisan Appellate and District Court Offices"
8-13 after the listing of the other offices.
8-14 SECTION 7. Section 52.066, Election Code, is amended by
8-15 adding Subsection (e) to read as follows:
8-16 (e) Partisan appellate and district court offices shall
8-17 appear on the ballot in the same format as the other offices but
8-18 under the heading "Partisan Appellate and District Court Offices"
8-19 after the listing of the other offices.
8-20 SECTION 8. Subchapter C, Chapter 52, Election Code, is
8-21 amended by adding Section 52.0661 to read as follows:
8-22 Sec. 52.0661. SEPARATE LISTING OF UNOPPOSED PARTISAN
8-23 APPELLATE AND DISTRICT COURT CANDIDATES. (a) Any unopposed
8-24 candidates for partisan appellate or district court offices shall
8-25 be listed separately on the ballot under the heading "Uncontested
8-26 Partisan Appellate and District Court Races" following the
8-27 contested races for those offices.
9-1 (b) In the general election for state and county officers,
9-2 the party alignment of each unopposed candidate for an office
9-3 covered by this section shall be indicated next to the candidate's
9-4 name.
9-5 (c) The secretary of state shall prescribe any procedures or
9-6 instructions necessary to implement this section.
9-7 SECTION 9. Section 52.070(b), Election Code, is amended to
9-8 read as follows:
9-9 (b) Immediately below "OFFICIAL BALLOT[,]" and "Partisan
9-10 Appellate and District Court Offices," if applicable, the following
9-11 instruction shall be printed: "Vote for the candidate of your
9-12 choice in each race by placing an 'X' in the square beside the
9-13 candidate's name."
9-14 SECTION 10. Section 52.071, Election Code, is amended to
9-15 read as follows:
9-16 Sec. 52.071. VOTING SQUARE AND INSTRUCTION FOR
9-17 STRAIGHT-PARTY VOTE. (a) On a ballot on which a party column
9-18 appears in connection with offices other than partisan appellate or
9-19 district court offices, a square larger than the square prescribed
9-20 by Section 52.070(a) shall be printed to the left of each political
9-21 party's name.
9-22 (b) The following instruction shall be added to the
9-23 instruction required by Section 52.070(b) in connection with
9-24 offices other than partisan appellate or district court offices:
9-25 "You may cast a straight-party vote (that is, cast a vote for all
9-26 the nominees of one party, except nominees for partisan appellate
9-27 or district court offices) by placing an 'X' in the square beside
10-1 the name of the party of your choice. If you cast a straight-party
10-2 vote [for all the nominees of one party] and also cast a vote for
10-3 an opponent of one of that party's nominees, your vote for the
10-4 opponent will be counted as well as your vote for all the other
10-5 nominees of the party for which the straight-party vote was cast."
10-6 SECTION 11. Section 52.092, Election Code, is amended by
10-7 amending Subsections (a), (c), (d), and (g)-(j) and by adding
10-8 Subsections (k) and (l) to read as follows:
10-9 (a) For an election at which offices regularly filled at the
10-10 general election for state and county officers, including the
10-11 nonpartisan judicial retention election, are to appear on the
10-12 ballot, the offices shall be listed in the following order:
10-13 (1) offices of the federal government;
10-14 (2) offices of the state government:
10-15 (A) statewide offices;
10-16 (B) district offices;
10-17 (3) offices of the county government:
10-18 (A) county offices;
10-19 (B) precinct offices.
10-20 (c) Statewide offices of the state government shall be
10-21 listed in the following order:
10-22 (1) governor;
10-23 (2) lieutenant governor;
10-24 (3) attorney general;
10-25 (4) comptroller of public accounts;
10-26 (5) commissioner of the General Land Office;
10-27 (6) commissioner of agriculture;
11-1 (7) railroad commissioner[;]
11-2 [(8) chief justice, supreme court;]
11-3 [(9) justice, supreme court;]
11-4 [(10) presiding judge, court of criminal appeals;]
11-5 [(11) judge, court of criminal appeals].
11-6 (d) District offices of the state government shall be listed
11-7 in the following order:
11-8 (1) member, State Board of Education;
11-9 (2) state senator;
11-10 (3) state representative;
11-11 (4) [chief justice, court of appeals;]
11-12 [(5) justice, court of appeals;]
11-13 [(6) district judge;]
11-14 [(7) criminal district judge;]
11-15 [(8) family district judge;]
11-16 [(9)] district attorney;
11-17 (5) [(10)] criminal district attorney.
11-18 (g) Partisan appellate and district court offices shall be
11-19 listed in the following order:
11-20 (1) justice, supreme court;
11-21 (2) chief justice, court of appeals;
11-22 (3) justice, court of appeals;
11-23 (4) district judge;
11-24 (5) criminal district judge;
11-25 (6) family district judge.
11-26 (h) The nonpartisan judicial retention election offices
11-27 shall be listed in the order prescribed by Subsection (g).
12-1 (i) [(g)] If two or more offices having the same title
12-2 except for a place number or other distinguishing number are to
12-3 appear on the ballot, the number shall appear as part of the office
12-4 title and the offices shall be listed in numerical order.
12-5 (j) [(h)] The secretary of state shall assign a place number
12-6 to each position to be filled at the general election for state and
12-7 county officers, or to each position for which a nonpartisan
12-8 judicial retention election is to be held, for [each full or
12-9 unexpired term in] the following offices:
12-10 (1) justice, supreme court; and
12-11 (2) [judge, court of criminal appeals; and]
12-12 [(3)] justice, court of appeals in a court having a
12-13 membership in excess of three, if distinguishing the positions to
12-14 be filled is necessary.
12-15 (k) [(i)] The secretary of state shall designate the
12-16 position of new offices on the ballot.
12-17 (l) [(j)] The office of judge of a multicounty statutory
12-18 county court created under Subchapter D, Chapter 25, Government
12-19 Code, is considered to be a county office for purposes of listing
12-20 the office on the ballot and to be a district office for all other
12-21 purposes under this code.
12-22 SECTION 12. Sections 65.007(b) and (c), Election Code, are
12-23 amended to read as follows:
12-24 (b) Except as provided by Subsection (c) or (d), each
12-25 straight-party vote shall be tallied for the party receiving the
12-26 vote instead of being tallied for the individual candidates of the
12-27 party. The total number of straight-party votes tallied for each
13-1 party shall be added to the total votes received for each of the
13-2 party nominees individually, except nominees for partisan appellate
13-3 or district court offices.
13-4 (c) If a ballot indicates a straight-party vote and a vote
13-5 for an opponent of one or more of that party's nominees, a vote
13-6 shall be counted for the opponent and for each of the party's other
13-7 nominees, except nominees for partisan appellate or district court
13-8 offices, whether or not any of those nominees have received
13-9 individual votes.
13-10 SECTION 13. Subchapter A, Chapter 124, Election Code, is
13-11 amended by amending Section 124.003 and by adding Section 124.0031
13-12 to read as follows:
13-13 Sec. 124.003. SEPARATE LISTING OF UNOPPOSED CANDIDATES[;
13-14 BLOC VOTING]. (a) Any unopposed candidates, except candidates for
13-15 partisan appellate or district court offices, may be listed
13-16 separately under the heading "Uncontested Races" on a voting system
13-17 ballot or ballot label.
13-18 (b) In an election in which the ballots indicate political
13-19 party alignment, the party alignment of the candidates listed under
13-20 the uncontested races heading shall be indicated next to the
13-21 candidate's name.
13-22 (c) Candidates listed under the uncontested races heading
13-23 may be arranged in a manner requiring voting on them as one or more
13-24 groups [blocs], but only if an additional ballot or ballot label
13-25 would otherwise be necessary to accommodate all the candidates and
13-26 propositions to be listed.
13-27 (d) The requirement that the ballot or ballot label be
14-1 arranged to permit straight-party voting does not apply to
14-2 candidates listed under the uncontested races heading.
14-3 Sec. 124.0031. SEPARATE LISTING OF UNOPPOSED PARTISAN
14-4 APPELLATE AND DISTRICT COURT CANDIDATES. Candidates listed under
14-5 the uncontested partisan appellate and district court races heading
14-6 may be arranged in a manner requiring voting on them as one or more
14-7 groups, but only if an additional ballot or ballot label would
14-8 otherwise be necessary to accommodate all the candidates and
14-9 propositions to be listed.
14-10 SECTION 14. Section 124.061(b), Election Code, is amended to
14-11 read as follows:
14-12 (b) A punch-card ballot label may comprise as many separate
14-13 sheets as are necessary to list the candidates and propositions
14-14 stating measures to be voted on in an election. If more than one
14-15 sheet is used, the first sheet of the sequence must [shall]
14-16 indicate the fact that the ballot is continued on one or more
14-17 additional sheets and must indicate the sheet on which the listing
14-18 of partisan appellate and district court offices, if any, begins.
14-19 Sheets in the same sequence may be identified by any method that
14-20 will facilitate voting or ballot processing and not confuse the
14-21 voters.
14-22 SECTION 15. Section 124.063(a), Election Code, is amended to
14-23 read as follows:
14-24 (a) An electronic system ballot on which a voter indicates a
14-25 vote by punching a hole in the ballot must contain the following
14-26 instruction if candidates are to be voted on: "Vote for the
14-27 candidate of your choice in each race by making a punch hole in the
15-1 space provided adjacent to the name of that candidate." The ballot
15-2 must contain the same instruction in conjunction with any partisan
15-3 appellate or district court offices appearing on the ballot. If a
15-4 proposition appears on the ballot, the ballot must contain the
15-5 following instruction: "Make a punch hole in the space provided
15-6 beside the statement indicating the way you desire to vote."
15-7 SECTION 16. Section 145.003(b), Election Code, is amended to
15-8 read as follows:
15-9 (b) A candidate in the general election for state and county
15-10 officers, including the nonpartisan judicial retention election,
15-11 may be declared ineligible before the 30th day preceding election
15-12 day by:
15-13 (1) the party officer responsible for certifying the
15-14 candidate's name for placement on the general election ballot, in
15-15 the case of a candidate who is a political party's nominee; or
15-16 (2) the authority with whom the candidate's
15-17 application for a place on the ballot or declaration of candidacy
15-18 is required to be filed, in the case of an independent candidate or
15-19 a nonpartisan judicial candidate, as applicable.
15-20 SECTION 17. Section 145.005(a), Election Code, is amended to
15-21 read as follows:
15-22 (a) If the name of a deceased or ineligible candidate
15-23 appears on the ballot [under this chapter], the votes cast for the
15-24 candidate shall be counted and entered on the official election
15-25 returns in the same manner as for the other candidates.
15-26 SECTION 18. Section 251.001(1), Election Code, is amended to
15-27 read as follows:
16-1 (1) "Candidate" means a person who knowingly and
16-2 willingly takes affirmative action for the purpose of gaining
16-3 nomination or election to public office or retention of a judicial
16-4 office under Chapter 291 or for the purpose of satisfying financial
16-5 obligations incurred by the person in connection with the campaign
16-6 for nomination, [or] election, or retention. Examples of
16-7 affirmative action include:
16-8 (A) the filing of a campaign treasurer
16-9 appointment, except that the filing does not constitute candidacy
16-10 or an announcement of candidacy for purposes of the automatic
16-11 resignation provisions of Article XVI, Section 65, or Article XI,
16-12 Section 11, of the Texas Constitution;
16-13 (B) the filing of an application for a place on
16-14 a ballot;
16-15 (C) the filing of an application for nomination
16-16 by convention;
16-17 (D) the filing of a declaration of intent to
16-18 become an independent candidate or a declaration of write-in
16-19 candidacy;
16-20 (E) the filing of a declaration of candidacy in
16-21 a nonpartisan judicial retention election;
16-22 (F) the making of a public announcement of a
16-23 definite intent to run for public office in a particular election
16-24 or to seek retention of a judicial office, regardless of whether
16-25 the specific office is mentioned in the announcement;
16-26 (G) [(F)] before a public announcement of
16-27 intent, the making of a statement of definite intent to run for
17-1 public office or to seek retention of a judicial office and the
17-2 soliciting of support by letter or other mode of communication;
17-3 (H) [(G)] the soliciting or accepting of a
17-4 campaign contribution or the making of a campaign expenditure; and
17-5 (I) [(H)] the seeking of the nomination of an
17-6 executive committee of a political party to fill a vacancy.
17-7 SECTION 19. Section 253.153(a), Election Code, is amended to
17-8 read as follows:
17-9 (a) A judicial candidate or officeholder, a specific-purpose
17-10 committee for supporting or opposing a judicial candidate, or a
17-11 specific-purpose committee for assisting a judicial officeholder
17-12 may not knowingly accept a political contribution except during the
17-13 period:
17-14 (1) beginning on:
17-15 (A) the 210th day before the date a declaration
17-16 of candidacy in a nonpartisan judicial retention election is
17-17 required to be filed, if the candidate or officeholder is a
17-18 candidate in that election;
17-19 (B) the 210th day before the date an application
17-20 for a place on the ballot or for nomination by convention for the
17-21 office is required to be filed, if the election is for a full term
17-22 for an office other than an office subject to the nonpartisan
17-23 judicial retention election; or
17-24 (C) [(B)] the later of the 210th day before the
17-25 date an application for a place on the ballot or for nomination by
17-26 convention for the office is required to be filed or the date a
17-27 vacancy in the office occurs, if the election is for an unexpired
18-1 term for an office other than an office subject to the nonpartisan
18-2 judicial retention election; and
18-3 (2) ending on the 120th day after the date of:
18-4 (A) the general election for state and county
18-5 officers, if the candidate or officeholder:
18-6 (i) is a nonpartisan judicial candidate;
18-7 or
18-8 (ii) is not a nonpartisan judicial
18-9 candidate and has an opponent in the general election;
18-10 (B) except as provided by Subsection (c), the
18-11 runoff primary election, if the candidate or officeholder is a
18-12 candidate in the runoff primary election and does not have an
18-13 opponent in the general election; or
18-14 (C) except as provided by Subsection (c), the
18-15 general primary election, if the candidate or officeholder is a
18-16 candidate in the general primary election but is not a candidate in
18-17 the runoff primary election and does not have an opponent in the
18-18 general election.
18-19 SECTION 20. Section 254.064, Election Code, is amended by
18-20 adding Subsection (f) to read as follows:
18-21 (f) For purposes of this section, a nonpartisan judicial
18-22 candidate is considered to be an opposed candidate.
18-23 SECTION 21. This Act takes effect only if the constitutional
18-24 amendment proposed by the 76th Legislature, Regular Session, 1999,
18-25 abolishing the court of criminal appeals and establishing one
18-26 supreme court with civil and criminal jurisdiction and revising the
18-27 manner in which appellate justices and district judges are
19-1 selected, using a combination of appointment, partisan elections,
19-2 and nonpartisan retention elections, is adopted. If the amendment
19-3 is adopted, this Act takes effect January 1, 2000.
19-4 SECTION 22. The importance of this legislation and the
19-5 crowded condition of the calendars in both houses create an
19-6 emergency and an imperative public necessity that the
19-7 constitutional rule requiring bills to be read on three several
19-8 days in each house be suspended, and this rule is hereby suspended.