H.B. 2682 78(R)    BILL ANALYSIS


H.B. 2682
By: Denny
Judicial Affairs
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

Currently, judges in Texas do not have permanent place numbers for their
offices.  For each election, the secretary of state assigns place numbers
prior to the filing deadline, but these numbers can vary from election to
election.  For instance, a judge on the court of appeals may be designated
Place 2 for one election and Place 4 for another.  This has led to
confusion among potential challengers as they may know which incumbent
they wish to challenge, but not which place number to use on their
application.  In addition, incumbents are under no obligation to file
under the place number designated by the secretary of state.   

H.B. 2682 eliminates this confusion by creating permanent place numbers
for the supreme court, the court of criminal appeals and the courts of
appeals.   

RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is expressly
granted to the courts of appeals in Section 3 (Section 22.216, Government
Code) of this bill, and to the supreme court, the court of criminal
appeals, and the courts of appeals in Section 5 of this bill. 

ANALYSIS

H.B. 2682 amends the Government Code to provide for the designation of
permanent place numbers for the judges of the supreme court, the court of
criminal appeals, and the courts of appeals, and that this designation of
offices and places identifies the offices and places for all purposes,
including identification on official ballots for primary and general
elections.   

The bill mandates that the supreme court, court of criminal appeals, and
the courts of appeals shall adopt rules establishing a seniority system to
determine which office and place is held by each judge.  
The bill also repeals certain sections of the Election Code.

EFFECTIVE DATE

September 1, 2003.