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.