By Solis H.B. No. 3175
77R2103 KLA-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the candidacy of certain personnel in a prosecuting
1-3 attorney's office or a city attorney's office in an election for
1-4 judicial office.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subchapter B, Chapter 41, Government Code, is
1-7 amended by adding Section 41.111 to read as follows:
1-8 Sec. 41.111. EMPLOYEES PROHIBITED FROM CANDIDACY FOR
1-9 JUDICIAL OFFICE. (a) In this section, "judicial office" means the
1-10 following judicial offices:
1-11 (1) chief justice or justice of the supreme court;
1-12 (2) presiding judge or judge of the court of criminal
1-13 appeals;
1-14 (3) chief justice or justice of a court of appeals;
1-15 (4) district judge, including a criminal district
1-16 judge;
1-17 (5) judge of a statutory county court;
1-18 (6) county judge who performs judicial functions;
1-19 (7) justice of the peace; or
1-20 (8) municipal court judge.
1-21 (b) An assistant prosecuting attorney, an investigator, or a
1-22 secretary or other person employed as office personnel by a
1-23 prosecuting attorney may not be a candidate in an election for a
1-24 judicial office while maintaining employment with the prosecuting
2-1 attorney.
2-2 (c) A prosecuting attorney may grant a leave of absence to a
2-3 person described by Subsection (b) for the purpose of being a
2-4 candidate for a judicial office.
2-5 (d) For purposes of this section, a person is a candidate in
2-6 an election for a judicial office if the person has:
2-7 (1) publicly announced the person's candidacy in the
2-8 election;
2-9 (2) filed an application for a place on the ballot in
2-10 the election; or
2-11 (3) filed a campaign treasurer appointment under
2-12 Chapter 252, Election Code, in connection with the judicial office.
2-13 SECTION 2. Chapter 180, Local Government Code, is amended by
2-14 adding Section 180.004 to read as follows:
2-15 Sec. 180.004. CERTAIN MUNICIPAL EMPLOYEES PROHIBITED FROM
2-16 CANDIDACY FOR JUDICIAL OFFICE. (a) In this section, "judicial
2-17 office" means the following judicial offices:
2-18 (1) chief justice or justice of the supreme court;
2-19 (2) presiding judge or judge of the court of criminal
2-20 appeals;
2-21 (3) chief justice or justice of a court of appeals;
2-22 (4) district judge, including a criminal district
2-23 judge;
2-24 (5) judge of a statutory county court;
2-25 (6) county judge who performs judicial functions;
2-26 (7) justice of the peace; or
2-27 (8) municipal court judge.
3-1 (b) A paid employee of a city attorney's office may not be a
3-2 candidate in an election for a judicial office while maintaining
3-3 employment with the city attorney's office.
3-4 (c) The governing body of a municipality may grant a leave
3-5 of absence to an employee of the city attorney's office for the
3-6 purpose of being a candidate for a judicial office.
3-7 (d) For purposes of this section, a person is a candidate in
3-8 an election for a judicial office if the person has:
3-9 (1) publicly announced the person's candidacy in the
3-10 election;
3-11 (2) filed an application for a place on the ballot in
3-12 the election; or
3-13 (3) filed a campaign treasurer appointment under
3-14 Chapter 252, Election Code, in connection with the judicial office.
3-15 SECTION 3. This Act takes effect September 1, 2001.
3-16 SECTION 4. Section 41.111, Government Code, as added by this
3-17 Act, and Section 180.004, Local Government Code, as added by this
3-18 Act, apply only to a person who announces a candidacy or becomes a
3-19 candidate on or after the effective date of this Act in a general,
3-20 special, or primary election for a judicial office.