HBA-BSM S.B. 129 77(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 129
By: Duncan
Judicial Affairs
5/2/2001
Engrossed



BACKGROUND AND PURPOSE 

Under current law,  judges in Texas are elected in partisan elections.
Although judges are not considered political candidates, they still need to
raise money to fund their campaigns.  Such campaign money may come from
political parties or lawyers, which may lead to the impression of
impropriety.  Senate Bill 129 changes appellate judges from straight
elected officials to appointed and retention elected officials, and applies
only to the Texas Supreme Court, Texas Court of Criminal Appeals, and the
14 Texas courts of appeals. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

Senate Bill 129 amends the Government Code to set forth provisions relating
to the appointment and retention cycle of justices and judges and to the
elimination of a straight-party vote in connection with district judges. 

The bill sets forth provisions regarding the effect of a retention vote on
a justice's or judge's term in office and provides requirements to fill any
vacancy (Secs. 22.401 and 22.402). 

S.B. 129 amends the Election Code to set forth provisions regarding the
declaration of candidacy, and for the withdrawal, death, or ineligibility
of a candidate in a nonpartisan judicial retention election (Secs. 291.001
and 291.002).  The bill provides the requirements for certification of
names for placement on a retention election ballot, the requirements for a
retention election ballot, and the general procedure for conduct of the
retention election (Secs. 291.003, 291.004, and 291.005).  Write-in voting
is prohibited in the nonpartisan judicial retention election (Sec.
291.006).  The secretary of state is required to prescribe any additional
procedures necessary for the administration of elections under these
provisions (Sec. 291.009).  The bill sets forth provisions regarding
political contributions and expenditures by a candidate for such a judicial
office (Sec. 291.007).   

The bill excludes nominees for partisan district court offices from being
eligible for straight-party voting (Secs. 1.005, 52.071, 65.007, and
124.003).  The bill requires that partisan district court offices appear on
the ballot in the same format as other offices, but under a separate
heading (Secs. 52.065 and 52.066). The bill requires that unopposed
candidates for partisan district offices are to be listed separately on the
ballot (Secs. 52.065, 52.066, 52.0661, and 124.0031).  The bill also
modifies the order in which offices are listed for state and district
officers, and sets the order of listing for partisan district court offices
and nonpartisan judicial retention election offices (Sec. 52.092).  S.B.
129 modifies provisions regarding the filing fee of a candidate for
nomination in the general primary election (Sec. 172.024).  The bill sets
forth provisions regarding a punch-card ballot and an electronic system
ballot and modifies the voting square and instructions for a straight party
role (Secs. 124.061, 124.063, and 52. 071). 

 EFFECTIVE DATE

January 1, 2002, if the constitutional amendment providing for
gubernatorial appointment to fill vacancies in the offices of appellate
justices and judges and for nonpartisan retention elections for those
justices and judges is adopted.