By: Gallegos S.B. No. 78
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the appointment of appellate justices and judges, to
1-2 the nonpartisan election of district judges, to the retention or
1-3 rejection of district and appellate judges, and to the creation of
1-4 certain judicial districts.
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
1-9 JUDICIAL OFFICERS
1-10 Sec. 22.401. SUBJECT TO RETENTION ELECTION. (a) A justice
1-11 or judge is subject to retention or rejection in accordance with
1-12 Chapter 292, Election Code, at the last general election for state
1-13 and county officers to be held before the date the justice's or
1-14 judge's term expires.
1-15 (b) If a justice or judge does not seek retention, or
1-16 withdraws from the retention election, as provided by Chapter 292,
1-17 Election Code, the vacancy existing at the beginning of the
1-18 succeeding term shall be filled in the regular manner.
1-19 (c) If a vacancy occurs in the office of a justice or judge
1-20 seeking retention and the justice's or judge's name is omitted from
1-21 the retention election ballot under Chapter 292, Election Code, the
1-22 vacancy shall be filled in the regular manner.
2-1 Sec. 22.402. EFFECT OF RETENTION VOTE. (a) If a majority
2-2 of the votes received on the question are for the retention of the
2-3 justice or judge, the person is entitled to remain in office for a
2-4 regular term of six years beginning on the first day of the
2-5 following January, unless the person becomes ineligible or is
2-6 removed as provided by law.
2-7 (b) If less than a majority of the votes received on the
2-8 question are for retention, a vacancy in the office exists on the
2-9 first day of the following January, and the vacancy shall be filled
2-10 in the regular manner.
2-11 (c) If the name of a justice or judge seeking retention
2-12 appears on the retention election ballot under Chapter 292,
2-13 Election Code, although a vacancy has occurred in the office, the
2-14 retention election for that office has no effect, and the vacancy
2-15 shall be filled in the regular manner.
2-16 SECTION 2. Subchapter A, Chapter 24, Government Code, is
2-17 amended by adding Sections 24.0015, 24.0016, and 24.0017 to read as
2-18 follows:
2-19 Sec. 24.0015. ELECTION FROM STATE REPRESENTATIVE DISTRICTS
2-20 OR COMMISSIONERS COURT PRECINCTS IN CERTAIN POPULOUS COUNTIES.
2-21 (a) The judges of the judicial districts composed entirely of a
2-22 county with a population of 2.5 million or more shall be elected
2-23 from state representative districts. The judges of the judicial
2-24 districts composed entirely of a county with a population of one
2-25 million or more by less than 2.5 million shall be elected from
2-26 commissioners court precincts.
3-1 (b) The secretary of state shall supervise the drawing of
3-2 lots to determine the number of the state representative district
3-3 or commissioners court precinct, as applicable, from which each of
3-4 the district judges is elected. An equal number of district judges
3-5 shall be elected from each state representative district or
3-6 commissioners court precinct, as applicable, in a county.
3-7 Sec. 24.0016. ELECTION AND RETENTION CYCLE. (a) Except in
3-8 the case of a vacancy filled by appointment and in the case of an
3-9 incumbent judge seeking to be retained in office, the office of
3-10 district judge is filled by election at the nonpartisan judicial
3-11 election in accordance with Chapter 291, Election Code.
3-12 (b) At the end of a term of office to which a district judge
3-13 is elected, and at the end of the immediately following continuous
3-14 term in that office, the judge is subject to retention or rejection
3-15 by the voters of the judicial district in accordance with Chapter
3-16 292, Election Code.
3-17 (c) At the end of a second continuous term in which a judge
3-18 has been retained in office, the office is filled by election.
3-19 (d) For a judge seeking retention, including a judge elected
3-20 from a state representative district or commissioners court
3-21 precinct, the qualified voters of the entire judicial district are
3-22 entitled to vote on the issue of retention or rejection.
3-23 (e) If a judge subject to retention or rejection does not
3-24 seek retention as provided by Chapter 292, Election Code, or the
3-25 name of a judge seeking retention is omitted from the retention
3-26 election ballot under that chapter, the succeeding term shall be
4-1 filled at the subsequent nonpartisan judicial election in
4-2 accordance with Chapter 291, Election Code.
4-3 Sec. 24.0017. EFFECT OF RETENTION VOTE. (a) If a majority
4-4 of the votes received on the question are for the retention of the
4-5 judge, the person is entitled to remain in office for a regular
4-6 term of four years beginning on the first day of the following
4-7 January, unless the person becomes ineligible or is removed as
4-8 provided by law.
4-9 (b) If less than a majority of the votes received on the
4-10 question are for retention, a vacancy in the office exists on the
4-11 first day of the following January, and the vacancy shall be filled
4-12 in the regular manner.
4-13 (c) If the name of a deceased or ineligible judge who sought
4-14 retention appears on the retention election ballot under Chapter
4-15 292, Election Code, the retention election for that office has no
4-16 effect, and the vacancy existing at the beginning of the succeeding
4-17 term shall be filled in the regular manner.
4-18 SECTION 3. Subchapter C, Chapter 24, Government Code, is
4-19 amended by adding Sections 24.540-24.547 to read as follows:
4-20 Sec. 24.540. 395TH JUDICIAL DISTRICT (BEXAR COUNTY). The
4-21 395th Judicial District is composed of Bexar County.
4-22 Sec. 24.541. 396TH JUDICIAL DISTRICT (DALLAS COUNTY). The
4-23 396th Judicial District is composed of Dallas County.
4-24 Sec. 24.542. 397TH JUDICIAL DISTRICT (DALLAS COUNTY). The
4-25 397th Judicial District is composed of Dallas County.
4-26 Sec. 24.543. 398TH JUDICIAL DISTRICT (DALLAS COUNTY). The
5-1 398th Judicial District is composed of Dallas County.
5-2 Sec. 24.544. 399TH JUDICIAL DISTRICT (HARRIS COUNTY). The
5-3 399th Judicial District is composed of Harris County.
5-4 Sec. 24.545. 400TH JUDICIAL DISTRICT (TARRANT COUNTY). The
5-5 400th Judicial District is composed of Tarrant County.
5-6 Sec. 24.546. 401ST JUDICIAL DISTRICT (TARRANT COUNTY). The
5-7 401st Judicial District is composed of Tarrant County.
5-8 Sec. 24.547. 402ND JUDICIAL DISTRICT (TARRANT COUNTY). The
5-9 402nd Judicial District is composed of Tarrant County.
5-10 SECTION 4. Section 41.002, Election Code, is amended to read
5-11 as follows:
5-12 Sec. 41.002. GENERAL ELECTION FOR STATE AND COUNTY OFFICERS.
5-13 The general election for state and county officers, including the
5-14 nonpartisan judicial election, shall be held on the first Tuesday
5-15 after the first Monday in November in even-numbered years.
5-16 SECTION 5. The Election Code is amended by adding Title 17
5-17 to read as follows:
5-18 TITLE 17. NONPARTISAN JUDICIAL ELECTIONS
5-19 CHAPTER 291. NONPARTISAN JUDICIAL ELECTION
5-20 SUBCHAPTER A. NONPARTISAN ELECTION OF JUDGES GENERALLY
5-21 Sec. 291.001. APPLICABILITY OF CHAPTER. This chapter
5-22 applies only to a judicial office required to be elected at the
5-23 nonpartisan judicial election.
5-24 Sec. 291.002. PARTY NOMINATION PROHIBITED. Nomination for a
5-25 nonpartisan judicial office by a political party is prohibited.
5-26 Sec. 291.003. APPLICABILITY OF OTHER PARTS OF CODE. The
6-1 other titles of this code apply to a nonpartisan judicial election
6-2 except provisions that are inconsistent with this title or that
6-3 cannot feasibly be applied in a nonpartisan judicial election.
6-4 Sec. 291.004. ADDITIONAL PROCEDURES. The secretary of state
6-5 shall prescribe any additional procedures necessary for the orderly
6-6 and proper administration of elections held under this chapter.
6-7 (Sections 291.005-291.020 reserved for expansion
6-8 SUBCHAPTER B. APPLICATION FOR PLACE ON BALLOT
6-9 Sec. 291.021. APPLICATION REQUIRED. (a) To be entitled to
6-10 a place on the nonpartisan judicial election ballot, a candidate
6-11 must make an application for a place on the ballot.
6-12 (b) An application must, in addition to complying with
6-13 Section 141.031, be accompanied by the appropriate filing fee or,
6-14 instead of the filing fee, a petition that satisfies the
6-15 requirements prescribed by Section 141.062.
6-16 (c) An application filed by mail is considered to be filed
6-17 at the time of its receipt by the appropriate authority.
6-18 (d) A candidate for an office specified by Section
6-19 291.024(a)(2) who chooses to pay the filing fee must also accompany
6-20 the application with a petition that complies with the requirements
6-21 prescribed for the petition authorized by Subsection (b), except
6-22 that the minimum number of signatures that must appear on the
6-23 petition required by this subsection is 250. If the candidate
6-24 chooses to file the petition authorized by Subsection (b) instead
6-25 of the filing fee, the minimum number of signatures required for
6-26 that petition is increased by 250. Signatures on a petition filed
7-1 under this subsection or Subsection (b) by a candidate covered by
7-2 this subsection may not be obtained on the grounds of a county
7-3 courthouse or courthouse annex.
7-4 Sec. 291.022. AUTHORITY WITH WHOM APPLICATION FILED. An
7-5 application for a place on the nonpartisan judicial election ballot
7-6 must be filed with the secretary of state.
7-7 Sec. 291.023. REGULAR FILING DEADLINE. (a) An application
7-8 for a place on the nonpartisan judicial election ballot must be
7-9 filed not later than 5 p.m. of the 70th day before election day,
7-10 except as provided by Sections 291.053 and 202.008.
7-11 (b) An application may not be filed earlier than the 30th
7-12 day before the date of the regular filing deadline.
7-13 Sec. 291.024. Filing Fee. (a) The filing fee for a
7-14 nonpartisan judicial candidate is as follows:
7-15 (1) district judge, criminal district judge, or
7-16 family district judge, other than a judge specified by
7-17 Subdivision (2) ........................................... $1,200
7-18 (2) district or criminal district judge of a court in
7-19 a judicial district wholly contained in a county with a population
7-20 of more than one million .................................. $2,000
7-21 (b) A filing fee received by the secretary of state shall be
7-22 deposited in the state treasury to the credit of the general
7-23 revenue fund.
7-24 Sec. 291.025. Number of Petition Signatures Required. The
7-25 minimum number of signatures that must appear on the petition
7-26 authorized by Section 291.021 is the lesser of:
8-1 (1) 500; or
8-2 (2) two percent of the total vote received in the
8-3 district by all the candidates for governor in the most recent
8-4 gubernatorial general election.
8-5 Sec. 291.026. Statement on Petition. The following
8-6 statement must appear at the top of each page of a petition to be
8-7 filed under Section 291.021: "I know that the purpose of this
8-8 petition is to entitle (insert candidate's name) to have his name
8-9 placed on the ballot for the office of (insert office title,
8-10 including any place number or other distinguishing number) for the
8-11 nonpartisan judicial election."
8-12 Sec. 291.027. Certification of Names for Placement on
8-13 Nonpartisan Judicial Election Ballot. (a) Except as provided by
8-14 Subsection (c), the secretary of state shall certify in writing for
8-15 placement on the nonpartisan judicial election ballot the name of
8-16 each candidate who files with the secretary an application that
8-17 complies with Section 291.021(b).
8-18 (b) Not later than the 55th day before election day, the
8-19 secretary of state shall deliver the certification to the authority
8-20 responsible for having the official ballot prepared in each county
8-21 in which the candidate's name is to appear on the ballot.
8-22 (c) A candidate's name may not be certified:
8-23 (1) if, before delivering the certification, the
8-24 secretary of state learns that the name is to be omitted from the
8-25 ballot under Section 291.054; or
8-26 (2) for an office for which the candidate's
9-1 application is invalid under Section 141.033.
9-2 (Sections 291.028-291.050 reserved for expansion
9-3 SUBCHAPTER C. WITHDRAWAL, DEATH, AND INELIGIBILITY
9-4 OF CANDIDATE
9-5 Sec. 291.051. Withdrawal, Death, or Ineligibility Generally.
9-6 With respect to withdrawal, death, or ineligibility of a candidate
9-7 in a nonpartisan judicial election, this subchapter supersedes
9-8 Subchapter A, Chapter 145, to the extent of any conflict.
9-9 Sec. 291.052. Withdrawal From Nonpartisan Judicial Election.
9-10 (a) A candidate may not withdraw from the nonpartisan judicial
9-11 election after the 65th day before election day.
9-12 (b) A withdrawal request must be filed with the authority
9-13 with whom the withdrawing candidate's application for a place on
9-14 the ballot is required to be filed.
9-15 Sec. 291.053. Extended Filing Deadline. (a) The deadline
9-16 for filing an application for a place on the nonpartisan judicial
9-17 election ballot is extended as provided by this section if a
9-18 candidate who has made an application that complies with the
9-19 applicable requirements:
9-20 (1) dies on or after the fifth day before the date of
9-21 the regular filing deadline and on or before the 65th day before
9-22 election day;
9-23 (2) holds the office for which the application was
9-24 made and withdraws or is declared ineligible on or after the date
9-25 of the regular filing deadline and on or before the 65th day before
9-26 election day; or
10-1 (3) withdraws or is declared ineligible during the
10-2 period prescribed by Subdivision (2), and at the time of the
10-3 withdrawal or declaration of ineligibility no other candidate has
10-4 made an application that complies with the applicable requirements
10-5 for the office sought by the withdrawn or ineligible candidate.
10-6 (b) The filing deadline is also extended if a candidate for
10-7 retention who has made a declaration of candidacy that complies
10-8 with Section 292.001 dies, withdraws, or is declared ineligible on
10-9 or after the fifth day before the date of the regular filing
10-10 deadline for applications and on or before the 65th day before
10-11 election day.
10-12 (c) An application for an office sought by a withdrawn,
10-13 deceased, or ineligible candidate must be filed not later than
10-14 5 p.m. of the 60th day before election day.
10-15 (d) If the deadline for filing applications is extended,
10-16 notice of the extended filing shall be given in the same manner as
10-17 provided for a primary election.
10-18 Sec. 291.054. Withdrawn, Deceased, or Ineligible Candidate's
10-19 Name Omitted From Ballot. A candidate's name shall be omitted from
10-20 the nonpartisan judicial election ballot if the candidate
10-21 withdraws, dies, or is declared ineligible on or before the 65th
10-22 day before election day.
10-23 Sec. 291.055. DECEASED OR INELIGIBLE CANDIDATE'S NAME TO
10-24 APPEAR ON BALLOT. If a candidate who has made an application for a
10-25 place on the nonpartisan judicial election ballot that complies
10-26 with the applicable requirements dies or is declared ineligible
11-1 after the 65th day before election day, the candidate's name shall
11-2 be placed on the ballot.
11-3 (Sections 291.056-291.070 reserved for expansion
11-4 SUBCHAPTER D. CONDUCT OF ELECTION
11-5 Sec. 291.071. Nonpartisan Judicial Election Ballot. The
11-6 nonpartisan judicial offices and candidates shall be listed as a
11-7 separate ballot on the general election ballot following the
11-8 partisan offices under the heading "Election For Nonpartisan
11-9 Judicial Offices."
11-10 Sec. 291.072. General Procedure for Conduct of Nonpartisan
11-11 Judicial Election. Except as otherwise provided by this code, the
11-12 nonpartisan judicial election shall be conducted and the results
11-13 canvassed, tabulated, and reported in the manner applicable to
11-14 partisan offices in the general election for state and county
11-15 officers.
11-16 CHAPTER 292. RETENTION ELECTION
11-17 Sec. 292.001. Declaration of Candidacy. (a) Not later than
11-18 5 p.m. on June 1 preceding the nonpartisan judicial election at
11-19 which the justice or judge is subject to retention or rejection, a
11-20 justice or judge who seeks to continue to serve in that office must
11-21 file with the secretary of state a declaration of candidacy to
11-22 succeed to the next term.
11-23 (b) A declaration may not be filed earlier than the 30th day
11-24 before the date of the filing deadline. A declaration filed by
11-25 mail is considered to be filed at the time of its receipt by the
11-26 appropriate authority.
12-1 (c) The filling of the office for which a declaration of
12-2 candidacy is not filed is covered by Chapter 22 or 24, Government
12-3 Code, as applicable.
12-4 Sec. 292.002. Withdrawal, Death, or Ineligibility.
12-5 (a) With respect to withdrawal, death, or ineligibility of a
12-6 candidate in a retention election, this section supersedes
12-7 Subchapter A, Chapter 145, to the extent of any conflict.
12-8 (b) A candidate may not withdraw from the retention election
12-9 after the 65th day before election day.
12-10 (c) A withdrawal request must be filed with the authority
12-11 with whom the withdrawing candidate's declaration of candidacy is
12-12 required to be filed.
12-13 (d) A candidate's name shall be omitted from the retention
12-14 election ballot if the candidate withdraws, dies, or is declared
12-15 ineligible on or before the 65th day before election day.
12-16 (e) If a candidate who has made a declaration of candidacy
12-17 that complies with the applicable requirements dies or is declared
12-18 ineligible after the 65th day before election day, the candidate's
12-19 name shall be placed on the retention election ballot.
12-20 (f) The filling of the office following implementation of
12-21 Subsection (d) or (e) is covered by Chapter 22 or 24, Government
12-22 Code, as applicable.
12-23 Sec. 292.003. Certification of Names for Placement on
12-24 Retention Election Ballot. (a) Except as provided by Subsection
12-25 (c), the secretary of state shall certify in writing for placement
12-26 on the retention election ballot the name of each candidate who
13-1 files with the secretary a declaration of candidacy that complies
13-2 with Section 292.001.
13-3 (b) Not later than the 55th day before election day, the
13-4 secretary of state shall deliver the certification to the authority
13-5 responsible for having the official ballot prepared in each county
13-6 in which the candidate's name is to appear on the ballot.
13-7 (c) A candidate's name may not be certified if, before
13-8 delivering the certification, the secretary of state learns that
13-9 the name is to be omitted from the ballot under Section 292.002.
13-10 Sec. 292.004. Retention Election Ballot. The name of the
13-11 person subject to retention or rejection shall be submitted to the
13-12 voters on the nonpartisan judicial election ballot following the
13-13 offices subject to election under the heading "Retention of
13-14 Nonpartisan Judicial Offices," in substantially the following form:
13-15 "Shall (Justice or Judge)__________________________
13-16 ___________________________________________________
13-17 be retained in office as (justice or judge) of the
13-18 (name of court)__________________________________?"
13-19 ____"Yes"
13-20 ____"No"
13-21 Sec. 292.005. General Procedure for Conduct of Retention
13-22 Election. (a) Except as otherwise provided by this code, the
13-23 retention election shall be conducted and the results canvassed,
13-24 tabulated, and reported in the manner applicable to partisan
13-25 offices in the general election for state and county officers.
13-26 (b) A certificate of election shall be issued to a retained
14-1 officer in the same manner as provided for a candidate elected to
14-2 the office.
14-3 Sec. 292.006. WRITE-IN VOTING PROHIBITED. Write-in voting
14-4 is not permitted in a retention election.
14-5 Sec. 292.007. Political Contributions and Expenditures. A
14-6 candidate for retention of a judicial office is subject to Title 15
14-7 and shall comply with that title in the same manner as a candidate
14-8 for election to the office.
14-9 Sec. 292.008. Applicability of Other Parts of Code. The
14-10 other titles of this code apply to a retention election under this
14-11 chapter except provisions that are inconsistent with this title or
14-12 that cannot feasibly be applied in a retention election.
14-13 Sec. 292.009. Additional Procedures. The secretary of state
14-14 shall prescribe any additional procedures necessary for the orderly
14-15 and proper administration of elections held under this chapter.
14-16 CHAPTER 293. VOTER INFORMATION PAMPHLET
14-17 Sec. 293.001. APPLICABILITY OF CHAPTER. This chapter
14-18 applies to each candidate whose name is to appear on the ballot or
14-19 a list of declared write-in candidates in the nonpartisan judicial
14-20 election.
14-21 Sec. 293.002. STATEMENT FILED BY CANDIDATE. Not later than
14-22 the 70th day before the date of the nonpartisan judicial election,
14-23 a candidate may file with the secretary of state an informational
14-24 statement, on a form prescribed by the secretary, to be included in
14-25 the voter information pamphlet for that election.
14-26 Sec. 293.003. STATEMENT REQUIREMENTS. (a) A candidate's
15-1 statement must include a summary of the following information:
15-2 (1) current occupation;
15-3 (2) educational and occupational background;
15-4 (3) biographical information; and
15-5 (4) any previous experience serving in government.
15-6 (b) The secretary of state shall prescribe the format and
15-7 length of the candidate's statement.
15-8 Sec. 293.004. REVIEW BY SECRETARY OF STATE. (a) Not later
15-9 than the fifth day after the date the candidate's statement is
15-10 received, the secretary of state shall review the statement to
15-11 determine whether it complies with this chapter.
15-12 (b) If the secretary of state determines that the statement
15-13 does not comply with the applicable requirements, the secretary
15-14 shall reject the statement and deliver written notice of the reason
15-15 for the rejection to the candidate not later than the second day
15-16 after the date of rejection.
15-17 (c) A candidate whose statement is rejected may resubmit the
15-18 statement subject to the prescribed deadline.
15-19 Sec. 293.005. PREPARATION OF PAMPHLET. (a) The secretary
15-20 of state shall contract for the preparation and printing of the
15-21 voter information pamphlet after soliciting bids for that work.
15-22 The secretary may prepare or print the pamphlet if the secretary
15-23 determines that the costs of that preparation or printing are less
15-24 than or equal to the most reasonable bid submitted.
15-25 (b) The pamphlet must include the candidates' statements
15-26 that comply with this chapter, with candidates for election,
16-1 write-in candidates for election, and candidates for retention as
16-2 separate groups. The order of the candidates' names within the
16-3 groups is determined by a drawing conducted by the secretary of
16-4 state.
16-5 (c) To the extent practicable, the pamphlets shall be
16-6 prepared so that they contain only candidates for offices on which
16-7 the voters receiving them will be eligible to vote.
16-8 (d) The secretary of state shall prescribe appropriate
16-9 explanatory material to be included in the pamphlet to assist the
16-10 voters, including a statement that the pamphlet may be used at the
16-11 polls to assist the voters in marking their ballots.
16-12 Sec. 293.006. DISTRIBUTION OF PAMPHLET. Not later than the
16-13 45th day before the date of each nonpartisan judicial election, the
16-14 secretary of state shall mail the appropriate voter information
16-15 pamphlet to each household in this state in which a registered
16-16 voter resides.
16-17 Sec. 293.007. ADDITIONAL PROCEDURES. The secretary of state
16-18 shall prescribe any additional procedures necessary to implement
16-19 this chapter.
16-20 SECTION 6. Section 1.005, Election Code, is amended by
16-21 amending Subdivision (9) and by adding Subdivisions (25) and (26)
16-22 to read as follows:
16-23 (9) "Independent candidate" means a candidate in a
16-24 nonpartisan election or a candidate in a partisan election who is
16-25 not the nominee of a political party. The term does not include a
16-26 nonpartisan judicial candidate.
17-1 (25) "Nonpartisan judicial election" means an election
17-2 held under Title 17.
17-3 (26) "Nonpartisan judicial candidate" means a
17-4 candidate in a nonpartisan judicial election.
17-5 SECTION 7. Section 52.092, Election Code, is amended to read
17-6 as follows:
17-7 Sec. 52.092. Offices Regularly Filled at General Election
17-8 for State and County Officers. (a) For an election at which
17-9 offices regularly filled at the general election for state and
17-10 county officers, including the nonpartisan judicial election, are
17-11 to appear on the ballot, the offices shall be listed in the
17-12 following order:
17-13 (1) offices of the federal government;
17-14 (2) offices of the state government:
17-15 (A) statewide offices;
17-16 (B) district offices;
17-17 (3) offices of the county government:
17-18 (A) county offices;
17-19 (B) precinct offices.
17-20 (b) Offices of the federal government shall be listed in the
17-21 following order:
17-22 (1) president and vice-president of the United States;
17-23 (2) United States senator;
17-24 (3) United States representative.
17-25 (c) Statewide offices of the state government shall be
17-26 listed in the following order:
18-1 (1) governor;
18-2 (2) lieutenant governor;
18-3 (3) attorney general;
18-4 (4) comptroller of public accounts;
18-5 (5) [state treasurer;]
18-6 [(6)] commissioner of the General Land Office;
18-7 (6) [(7)] commissioner of agriculture;
18-8 (7) [(8)] railroad commissioner[;]
18-9 [(9) chief justice, supreme court;]
18-10 [(10) justice, supreme court;]
18-11 [(11) presiding judge, court of criminal appeals;]
18-12 [(12) judge, court of criminal appeals].
18-13 (d) District offices of the state government shall be listed
18-14 in the following order:
18-15 (1) member, State Board of Education;
18-16 (2) state senator;
18-17 (3) state representative;
18-18 [(4) chief justice, court of appeals;]
18-19 [(5) justice, court of appeals;]
18-20 [(6) district judge;]
18-21 [(7) criminal district judge;]
18-22 [(8) family district judge;]
18-23 (4) [(9)] district attorney;
18-24 (5) [(10)] criminal district attorney.
18-25 (e) County offices shall be listed in the following order:
18-26 (1) county judge;
19-1 (2) judge, county court at law;
19-2 (3) judge, county criminal court;
19-3 (4) judge, county probate court;
19-4 (5) county attorney;
19-5 (6) district clerk;
19-6 (7) district and county clerk;
19-7 (8) county clerk;
19-8 (9) sheriff;
19-9 (10) sheriff and tax assessor-collector;
19-10 (11) county tax assessor-collector;
19-11 (12) county treasurer;
19-12 (13) county school trustee (county with population of
19-13 two million or more);
19-14 (14) county surveyor;
19-15 (15) inspector of hides and animals.
19-16 (f) Precinct offices shall be listed in the following order:
19-17 (1) county commissioner;
19-18 (2) justice of the peace;
19-19 (3) constable;
19-20 (4) public weigher.
19-21 (g) The nonpartisan judicial offices shall be listed in the
19-22 following order:
19-23 (1) chief justice, supreme court;
19-24 (2) justice, supreme court;
19-25 (3) presiding judge, court of criminal appeals;
19-26 (4) judge, court of criminal appeals;
20-1 (5) chief justice, court of appeals;
20-2 (6) justice, court of appeals;
20-3 (7) district judge;
20-4 (8) criminal district judge;
20-5 (9) family district judge.
20-6 (h) [(g)] If two or more offices having the same title
20-7 except for a place number or other distinguishing number are to
20-8 appear on the ballot, the number shall appear as part of the office
20-9 title and the offices shall be listed in numerical order.
20-10 (i) [(h)] The secretary of state shall assign a place number
20-11 to each position for which a retention [to be filled at the
20-12 general] election is to be held for [state and county officers for
20-13 each full or unexpired term in] the following offices:
20-14 (1) justice, supreme court;
20-15 (2) judge, court of criminal appeals; and
20-16 (3) justice, court of appeals in a court having a
20-17 membership in excess of three, if distinguishing the positions to
20-18 be filled is necessary.
20-19 (j) [(i)] The secretary of state shall designate the
20-20 position of new offices on the ballot.
20-21 (k) [(j)] The office of judge of a multicounty statutory
20-22 county court created under Subchapter D, Chapter 25, Government
20-23 Code, is considered to be a county office for purposes of listing
20-24 the office on the ballot and to be a district office for all other
20-25 purposes under this code.
20-26 SECTION 8. Section 141.001(a), Election Code, is amended to
21-1 read as follows:
21-2 (a) To be eligible to be a candidate for, or elected or
21-3 appointed to, a public elective office in this state, a person
21-4 must:
21-5 (1) be a United States citizen;
21-6 (2) be 18 years of age or older on the first day of
21-7 the term to be filled at the election or on the date of
21-8 appointment, as applicable;
21-9 (3) have not been determined mentally incompetent by a
21-10 final judgment of a court;
21-11 (4) have not been finally convicted of a felony from
21-12 which the person has not been pardoned or otherwise released from
21-13 the resulting disabilities;
21-14 (5) have resided continuously in the state for 12
21-15 months and in the territory from which the office is elected for
21-16 six months immediately preceding the following date:
21-17 (A) for a candidate whose name is to appear on a
21-18 general primary election ballot, the date of the regular filing
21-19 deadline for a candidate's application for a place on the ballot;
21-20 (B) for an independent candidate or a
21-21 nonpartisan judicial candidate, other than a candidate for
21-22 retention, the date of the regular filing deadline for a
21-23 candidate's application for a place on the ballot;
21-24 (C) for a write-in candidate, the date of the
21-25 election at which the candidate's name is written in;
21-26 (D) for a party nominee who is nominated by any
22-1 method other than by primary election, the date the nomination is
22-2 made; and
22-3 (E) for an appointee to an office, the date the
22-4 appointment is made; and
22-5 (6) satisfy any other eligibility requirements
22-6 prescribed by law for the office.
22-7 SECTION 9. Section 145.003(b), Election Code, is amended to
22-8 read as follows:
22-9 (b) A candidate in the general election for state and county
22-10 officers, including the nonpartisan judicial election, may be
22-11 declared ineligible before the 30th day preceding election day by:
22-12 (1) the party officer responsible for certifying the
22-13 candidate's name for placement on the general election ballot, in
22-14 the case of a candidate who is a political party's nominee; or
22-15 (2) the authority with whom the candidate's
22-16 application for a place on the ballot or declaration of candidacy
22-17 is required to be filed, in the case of an independent candidate or
22-18 a nonpartisan judicial candidate, as applicable.
22-19 SECTION 10. Section 145.005(a), Election Code, is amended to
22-20 read as follows:
22-21 (a) If the name of a deceased or ineligible candidate
22-22 appears on the ballot [under this chapter], the votes cast for the
22-23 candidate shall be counted and entered on the official election
22-24 returns in the same manner as for the other candidates.
22-25 SECTION 11. Section 146.021, Election Code, is amended to
22-26 read as follows:
23-1 Sec. 146.021. Applicability of Subchapter. This subchapter
23-2 applies to a write-in candidate for an office that is to be voted
23-3 on at the general election for state and county officers, including
23-4 the nonpartisan judicial election.
23-5 SECTION 12. Sections 172.021(c) and (e), Election Code, are
23-6 amended to read as follows:
23-7 (c) An application filed by mail is considered to be filed
23-8 at the time of its receipt by the appropriate authority.
23-9 (e) A candidate for an office specified by Section
23-10 172.024(a)(8)[, (10), or (12)], or for justice of the peace in a
23-11 county with a population of more than one million [850,000], who
23-12 chooses to pay the filing fee must also accompany the application
23-13 with a petition that complies with the requirements prescribed for
23-14 the petition authorized by Subsection (b), except that the minimum
23-15 number of signatures that must appear on the petition required by
23-16 this subsection is 250. If the candidate chooses to file the
23-17 petition authorized by Subsection (b) instead of the filing fee,
23-18 the minimum number of signatures required for that petition is
23-19 increased by 250. Signatures on a petition filed under this
23-20 subsection or Subsection (b) by a candidate covered by this
23-21 subsection may not be obtained on the grounds of a county
23-22 courthouse or courthouse annex.
23-23 SECTION 13. Section 172.024(a), Election Code, is amended to
23-24 read as follows:
23-25 (a) The filing fee for a candidate for nomination in the
23-26 general primary election is as follows:
24-1 (1) United States senator ..................... $4,000
24-2 (2) office elected statewide, except United States
24-3 senator .................................... 3,000
24-4 (3) United States representative ............... 2,500
24-5 (4) state senator .............................. 1,000
24-6 (5) state representative ......................... 600
24-7 (6) member, State Board of Education ............. 250
24-8 [(7) chief justice or justice, court of appeals, other
24-9 than a justice specified by Subdivision (8)
24-10 .......................................... 1,500]
24-11 [(8) chief justice or justice of a court of appeals
24-12 that serves a court of appeals district in which
24-13 a county with a population of more than 850,000
24-14 is wholly or partly situated ............. 2,000]
24-15 [(9) district judge or judge specified by Section
24-16 52.092(d) for which this schedule does not
24-17 otherwise prescribe a fee ................ 1,200]
24-18 [(10) district or criminal district judge of a court in
24-19 a judicial district wholly contained in a county
24-20 with a population of more than 850,000 .. 2,000]
24-21 (7) [(11)] judge, statutory county court, other than a
24-22 judge specified by Subdivision (8) [(12)]
24-23 .......................................... 1,200
24-24 (8) [(12)] judge of a statutory county court in a county
24-25 with a population of more than one million
24-26 [850,000] ................................ 2,000
25-1 (9) [(13)] district attorney, criminal district
25-2 attorney, or county attorney performing the duties
25-3 of a district attorney ..................... 1,000
25-4 (10) [(14)] county commissioner or judge,
25-5 constitutional county court:
25-6 (A) county with a population of 200,000
25-7 or more ............................... 1,000
25-8 (B) county with a population of under
25-9 200,000 ................................. 600
25-10 (11) [(15)] justice of the peace or constable:
25-11 (A) county with a population of 200,000
25-12 or more ................................. 800
25-13 (B) county with a population of under
25-14 200,000 ................................. 300
25-15 (12) [(16)] county surveyor, inspector of hides and
25-16 animals, or public weigher .................... 50
25-17 (13) [(17)] office of the county government for
25-18 which this schedule does not otherwise
25-19 prescribe a fee ............................. 600
25-20 SECTION 14. Chapter 202, Election Code, is amended by
25-21 amending Section 202.002 and by adding Section 202.008 to read as
25-22 follows:
25-23 Sec. 202.002. Vacancy Filled at General Election. (a) If a
25-24 vacancy occurs on or before the 65th day before the date of the
25-25 general election for state and county officers, including the
25-26 nonpartisan judicial election, held in the next-to-last
26-1 even-numbered year of a term of office, the remainder of the
26-2 unexpired term, or for a nonpartisan judicial office the four-year
26-3 term beginning on the next January 1 following the general
26-4 election, shall be filled at the next general election for state
26-5 and county officers, as provided by this chapter.
26-6 (b) If a vacancy occurs after the 65th day before a general
26-7 election day, an election for the unexpired term, or for a
26-8 nonpartisan judicial office an election for a new four-year term,
26-9 may not be held at that general election. The appointment to fill
26-10 the vacancy continues until the next succeeding general election
26-11 and until a successor has been elected and has qualified for the
26-12 office.
26-13 Sec. 202.008. Filing Deadline For Application of Nonpartisan
26-14 Judicial Candidate. (a) If a vacancy in a nonpartisan judicial
26-15 office occurs on or before the 10th day before the date of the
26-16 regular deadline for filing an application for a place on the
26-17 nonpartisan judicial election ballot, an application for election
26-18 to the next four-year term must be filed by the regular filing
26-19 deadline.
26-20 (b) If the vacancy occurs after the 10th day before the date
26-21 of the regular filing deadline, an application for election to the
26-22 next four-year term must be filed not later than 5 p.m. of the 15th
26-23 day after the date the vacancy occurs or 5 p.m. of the 60th day
26-24 before election day, whichever is earlier.
26-25 SECTION 15. (a) A district judge in office on the effective
26-26 date of this Act, unless otherwise removed as provided by law, is
27-1 entitled to continue in office for the term to which elected as
27-2 provided by this section.
27-3 (b) Terms of district judges elected to full terms in the
27-4 general election in 1994 expire January 1, 1999. Terms of district
27-5 judges elected to full terms in the general election in 1996 expire
27-6 January 1, 2001.
27-7 (c) The first nonpartisan judicial election shall be the
27-8 election in November 1998. For the purpose of initiating the
27-9 election and retention cycle required by Section 24.0016,
27-10 Government Code, as added by this Act, district judges elected to
27-11 office and holding office for the terms provided by Subsection (b)
27-12 of this section stand for reelection or retention in accordance
27-13 with this subsection. In the last year of the term provided by
27-14 Subsection (b) of this section, and at each applicable subsequent
27-15 nonpartisan judicial election, the judge is subject to retention or
27-16 rejection unless at the end of that term the judge will have served
27-17 12 or more consecutive years in the office of district judge of
27-18 that court. At the end of the term during which the judge has
27-19 served 12 consecutive years in the office of district judge of a
27-20 court, the office is filled by election from the judicial district,
27-21 state representative district, or commissioners court precinct, as
27-22 applicable. If the judge is reelected, the term is considered the
27-23 first term to which the judge has been elected for purposes of
27-24 Section 24.0016, Government Code, as added by this Act, and in
27-25 accordance with that section at the end of that term and at the end
27-26 of the immediately following continuous term, the judge is subject
28-1 to retention or rejection.
28-2 SECTION 16. (a) Each supreme court justice, court of
28-3 criminal appeals judge, and court of appeals justice in office
28-4 January 1, 1998, unless otherwise removed as provided by law,
28-5 continues in office for the term to which elected.
28-6 (b) Each supreme court justice, court of criminal appeals
28-7 judge, and court of appeals justice who is in office January 1,
28-8 1998, is subject to retention or rejection, in the manner provided
28-9 by law, at the general election preceding the expiration of the
28-10 regular or unexpired term for which each was elected or appointed.
28-11 A vacancy does not exist in those offices until the expiration of
28-12 the term of the person who held the office January 1, 1998, or
28-13 until that person does not hold the office, whichever occurs first.
28-14 SECTION 17. This Act takes effect only if the constitutional
28-15 amendment proposed by the 75th Legislature, Regular Session, 1997,
28-16 relating to the appointment of appellate justices and judges by the
28-17 governor and retention or rejection of those justices and judges,
28-18 to the nonpartisan election and retention or rejection of district
28-19 judges, to the election of district judges in certain counties from
28-20 state representative districts or commissioners court precincts,
28-21 and to the alteration of the terms of certain judicial offices is
28-22 adopted. If the amendment is adopted, this Act takes effect
28-23 January 1, 1998.
28-24 SECTION 18. The importance of this legislation and the
28-25 crowded condition of the calendars in both houses create an
28-26 emergency and an imperative public necessity that the
29-1 constitutional rule requiring bills to be read on three several
29-2 days in each house be suspended, and this rule is hereby suspended.