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.