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


Office of House Bill AnalysisC.S.S.B. 129
By: Duncan
Judicial Affairs
5/17/2001
Committee Report (Substituted)



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.  Appointing certain justices and judges to office might help
eliminate any appearances of impropriety and depoliticize the state
judiciary.  C.S.S.B. 129 requires the governor to appoint the justices of
the supreme court and judges of the court of criminal 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

C.S.S.B. 129 amends the Government Code to require the governor to appoint
the chief justice and justices of the supreme court and the presiding judge
and judges of the court of criminal appeals for a term of six years,
subject to the advice and consent of the senate.  The bill provides the
requirements to fill any vacancy of the above offices.  

EFFECTIVE DATE

January 1, 2002, if the constitutional amendment providing for
gubernatorial appointment of justices of the supreme court and judges of
the court of criminal appeals is adopted. 

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.S.B. 129 differs from the original bill by requiring the governor to
appoint the chief justice and justices of the supreme court and the
presiding judge and judges of the court of criminal appeals  for a term of
six years, subject to the advice and consent of the senate.   

C.S.S.B. 129 also differs from the original bill by removing provisions
relating to a retention vote for justices and judges and provisions
relating to the elimination of a straight-party vote in connection with
district judges. The substitute removes provisions regarding the
declaration of candidacy and provisions regarding the withdrawal, death, or
ineligibility of a candidate in a nonpartisan judicial retention election.
The substitute removes the provision that required the secretary of state
to prescribe any additional procedures necessary for the administration of
elections.  The substitute also removes provisions regarding political
contributions and expenditures by a candidate for such a judicial office.   

C.S.S.B. 129 removes provisions relating to nominees for partisan district
court offices being eligible for straight-party voting.  The substitute
also removes the requirement that partisan district court offices appear on
the ballot in the same format as other offices but under a separate heading
and removes the requirement that unopposed candidates for partisan district
offices are to be listed separately on the ballot.   The  substitute
removes the provision that modifies the filing fee of a candidate for
nomination in the general primary election.  The substitute also removes
provisions regarding a punch-card ballot and an electronic system ballot
and provisions modifying the voting square and instructions for a
straight-party vote.  The substitute restores current law regarding the
listing of justices and judges on the ballot for election to statewide and
district offices.