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A BILL TO BE ENTITLED
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AN ACT
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relating to the operation of the judiciary. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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ARTICLE 1. JUDICIAL APPOINTMENT AND RETENTION |
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SECTION 1.01. Subchapter D, Chapter 22, Government Code, is |
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amended by adding Section 22.303 to read as follows: |
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Sec. 22.303. APPOINTMENT AND RETENTION OF JUSTICES AND |
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JUDGES. (a) This section applies to each office of justice or |
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judge for which the Texas Constitution requires a person appointed |
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to fill a vacancy in the office to be subject to retention or |
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rejection by the voters at the end of the appointed term and each |
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successive term. |
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(b) In conjunction with the last general election for state |
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and county officers to be held before the end of a term of office to |
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which a justice or judge is appointed or retained, the justice or |
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judge is subject to retention or rejection at the nonpartisan |
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judicial retention election in accordance with Chapter 521, |
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Election Code. |
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(c) If a justice or judge does not seek retention, or |
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withdraws from the retention election, as provided by Chapter 521, |
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Election Code, the vacancy existing at the beginning of the |
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succeeding term shall be filled in the manner prescribed by the |
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Texas Constitution. |
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(d) If a vacancy occurs in the office of a justice or judge |
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seeking retention and the name of the justice or judge is omitted |
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from the retention election ballot under Chapter 521, Election |
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Code, the vacancy shall be filled in the manner prescribed by the |
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Texas Constitution. |
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(e) If a majority of the votes received on the question are |
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for the retention of the justice or judge, the person is entitled to |
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remain in office for a regular term beginning on the first day of |
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the following January, unless the person becomes ineligible or is |
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removed as provided by law. |
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(f) If less than a majority of the votes received on the |
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question are for retention, a vacancy in the office exists on the |
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first day of the following January, and the vacancy shall be filled |
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in the manner prescribed by the Texas Constitution. |
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(g) If the name of a justice or judge seeking retention |
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appears on the retention election ballot under Chapter 521, |
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Election Code, although a vacancy has occurred in the office, the |
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retention election for that office has no effect, and the vacancy |
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shall be filled in the manner prescribed by the Texas Constitution. |
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SECTION 1.02. The Election Code is amended by adding Title |
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18 to read as follows: |
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TITLE 18. NONPARTISAN JUDICIAL RETENTION ELECTIONS |
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CHAPTER 521. RETENTION ELECTION |
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Sec. 521.001. DECLARATION OF CANDIDACY. (a) Not later than |
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5 p.m. on June 1 preceding the nonpartisan judicial retention |
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election at which the justice or judge is subject to retention or |
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rejection, a justice or judge who seeks to continue to serve in that |
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office must file with the secretary of state a declaration of |
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candidacy to succeed to the next term. |
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(b) A declaration may not be filed earlier than the 30th day |
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before the date of the filing deadline. A declaration filed by mail |
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is considered to be filed at the time of its receipt by the |
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secretary of state. |
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(c) The filling of the subsequent vacancy for the office for |
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which a declaration of candidacy is not filed is covered by Section |
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22.303, Government Code. |
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Sec. 521.002. WITHDRAWAL, DEATH, OR INELIGIBILITY. (a) |
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With respect to withdrawal, death, or ineligibility of a candidate |
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in a nonpartisan judicial retention election, this section |
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supersedes Subchapter A, Chapter 145, to the extent of any |
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conflict. |
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(b) A candidate may not withdraw from the retention election |
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after the 65th day before election day. |
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(c) A withdrawal request must be filed with the secretary of |
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state. |
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(d) A candidate's name shall be omitted from the retention |
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election ballot if the candidate withdraws, dies, or is declared |
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ineligible on or before the 65th day before election day. |
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(e) If a candidate who has made a declaration of candidacy |
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that complies with the applicable requirements dies or is declared |
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ineligible after the 65th day before election day, the candidate's |
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name shall be placed on the retention election ballot. |
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(f) The filling of the subsequent vacancy for the office |
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following implementation of Subsection (d) or (e) is covered by |
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Section 22.303, Government Code. |
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Sec. 521.003. CERTIFICATION OF NAMES FOR PLACEMENT ON |
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RETENTION ELECTION BALLOT. (a) Except as provided by Subsection |
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(c), the secretary of state shall certify in writing for placement |
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on the nonpartisan judicial retention election ballot the name of |
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each candidate who files with the secretary a declaration of |
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candidacy that complies with Section 521.001. |
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(b) Not later than the 55th day before election day, the |
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secretary of state shall deliver the certification to the authority |
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responsible for having the official ballot prepared in each county |
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in which the candidate's name is to appear on the ballot. |
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(c) A candidate's name may not be certified if, before |
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delivering the certification, the secretary of state learns that |
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the name is to be omitted from the ballot under Section 521.002. |
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Sec. 521.004. RETENTION ELECTION BALLOT. The name of the |
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person subject to retention or rejection shall be submitted to the |
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voters on the nonpartisan judicial retention election ballot |
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following the offices subject to election under the heading |
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"Retention of Nonpartisan Judicial Offices," in substantially the |
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following form: |
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"Shall (Justice or Judge)_______________________ |
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______________________________________________ |
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be retained in office as (justice or judge) of the |
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(name of court)_________________________?" |
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____"Yes" |
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____"No" |
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Sec. 521.005. GENERAL PROCEDURE FOR CONDUCT OF RETENTION |
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ELECTION. (a) Except as otherwise provided by this code, the |
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nonpartisan judicial retention election shall be conducted and the |
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results canvassed, tabulated, and reported in the manner applicable |
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to partisan offices in the general election for state and county |
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officers. |
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(b) A certificate of election shall be issued to a retained |
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officer in the same manner as provided for a candidate elected to an |
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office. |
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Sec. 521.006. WRITE-IN VOTING PROHIBITED. Write-in voting |
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is not permitted in a nonpartisan judicial retention election. |
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Sec. 521.007. POLITICAL CONTRIBUTIONS AND EXPENDITURES. A |
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candidate for retention of a judicial office is subject to Title 15 |
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and shall comply with that title in the same manner as a candidate |
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for election to the office. |
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Sec. 521.008. APPLICABILITY OF OTHER PARTS OF CODE. The |
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other titles of this code apply to a nonpartisan judicial retention |
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election except provisions that are inconsistent with this title or |
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that cannot feasibly be applied in a retention election. |
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Sec. 521.009. ADDITIONAL PROCEDURES. The secretary of |
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state shall prescribe any additional procedures necessary for the |
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orderly and proper administration of elections held under this |
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chapter. |
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SECTION 1.03. Section 1.005, Election Code, is amended by |
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amending Subdivision (9) and adding Subdivisions (25) and (26) to |
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read as follows: |
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(9) "Independent candidate" means a candidate in a |
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nonpartisan election or a candidate in a partisan election who is |
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not the nominee of a political party. The term does not include a |
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nonpartisan judicial candidate. |
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(25) "Nonpartisan judicial candidate" means a |
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candidate in a nonpartisan judicial retention election. |
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(26) "Nonpartisan judicial retention election" means |
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an election held under Chapter 521. |
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SECTION 1.04. Section 41.002, Election Code, is amended to |
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read as follows: |
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Sec. 41.002. GENERAL ELECTION FOR STATE AND COUNTY |
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OFFICERS. The general election for state and county officers, |
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including the nonpartisan judicial retention election, shall be |
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held on the first Tuesday after the first Monday in November in |
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even-numbered years. |
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SECTION 1.05. Section 52.092, Election Code, is amended by |
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amending Subsections (a), (c), and (d) and adding Subsection (f-1) |
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to read as follows: |
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(a) For an election at which offices regularly filled at the |
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general election for state and county officers, including the |
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nonpartisan judicial retention election, are to appear on the |
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ballot, the offices shall be listed in the following order: |
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(1) offices of the federal government; |
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(2) offices of the state government: |
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(A) statewide offices; |
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(B) district offices; |
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(3) offices of the county government: |
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(A) county offices; |
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(B) precinct offices. |
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(c) Statewide offices of the state government shall be |
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listed in the following order: |
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(1) governor; |
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(2) lieutenant governor; |
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(3) attorney general; |
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(4) comptroller of public accounts; |
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(5) commissioner of the General Land Office; |
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(6) commissioner of agriculture; |
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(7) railroad commissioner[;
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[(8) chief justice, supreme court;
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[(9) justice, supreme court;
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[(10) presiding judge, court of criminal appeals;
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[(11) judge, court of criminal appeals]. |
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(d) District offices of the state government shall be listed |
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in the following order: |
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(1) member, State Board of Education; |
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(2) state senator; |
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(3) state representative; |
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(4) [chief justice, court of appeals;
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[(5) justice, court of appeals;
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[(6)] district judge; |
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(5) [(7)] criminal district judge; |
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(6) [(8)] family district judge; |
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(7) [(9)] district attorney; |
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(8) [(10)] criminal district attorney. |
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(f-1) Nonpartisan judicial retention election offices shall |
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be listed in the following order: |
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(1) chief justice, supreme court; |
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(2) justice, supreme court; |
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(3) presiding judge, court of criminal appeals; |
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(4) judge, court of criminal appeals; |
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(5) chief justice, court of appeals; |
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(6) justice, court of appeals. |
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SECTION 1.06. Section 145.003(b), Election Code, is amended |
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to read as follows: |
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(b) A candidate in the general election for state and county |
|
officers, including the nonpartisan judicial retention election, |
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may be declared ineligible before the 30th day preceding election |
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day by: |
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(1) the party officer responsible for certifying the |
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candidate's name for placement on the general election ballot, in |
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the case of a candidate who is a political party's nominee; or |
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(2) the authority with whom the candidate's |
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application for a place on the ballot or declaration of candidacy is |
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required to be filed, in the case of an independent candidate or a |
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nonpartisan judicial candidate, as applicable. |
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SECTION 1.07. Section 145.005(a), Election Code, is amended |
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to read as follows: |
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(a) If the name of a deceased or ineligible candidate |
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appears on the ballot [under this chapter], the votes cast for the |
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candidate shall be counted and entered on the official election |
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returns in the same manner as for the other candidates. |
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SECTION 1.08. Section 172.021(e), Election Code, is amended |
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to read as follows: |
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(e) A candidate for an office specified by Section |
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172.024(a)(8) or [,] (10)[, or (12),] or for justice of the peace in |
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a county with a population of more than 850,000, who chooses to pay |
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the filing fee must also accompany the application with a petition |
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for a place on the primary ballot as a candidate for judicial office |
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that complies with the requirements prescribed for the petition |
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authorized by Subsection (b), except that the minimum number of |
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signatures that must appear on the petition required by this |
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subsection is 250. If the candidate chooses to file the petition |
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authorized by Subsection (b) in lieu of the filing fee, the minimum |
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number of signatures required for that petition is increased by |
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250. Signatures on a petition filed under this subsection or |
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Subsection (b) by a candidate covered by this subsection may not be |
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obtained on the grounds of a county courthouse or courthouse annex. |
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SECTION 1.09. Section 172.024(a), Election Code, is amended |
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to read as follows: |
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(a) The filing fee for a candidate for nomination in the |
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general primary election is as follows: |
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(1) United States senator$5,000 |
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(2) office elected statewide, except United States |
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senator 3,750 |
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(3) United States representative3,125 |
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(4) state senator1,250 |
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(5) state representative750 |
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(6) member, State Board of Education300 |
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(7) [chief justice or justice, court of appeals, other
|
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than a justice specified by Subdivision (8)
1,875
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[(8)
chief justice or justice of a court of appeals
|
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that serves a court of appeals district in which a county with a
|
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population of more than 750,000 is wholly or partly situated
2,500
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[(9)] district judge or judge specified by Section |
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52.092(d) for which this schedule does not otherwise prescribe a |
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fee1,500 |
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(8) [(10)] district or criminal district judge of a |
|
court in a judicial district wholly contained in a county with a |
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population of more than 850,0002,500 |
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(9) [(11)] judge, statutory county court, other than a |
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judge specified by Subdivision (12)1,500 |
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(10) [(12)] judge of a statutory county court in a |
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county with a population of more than 850,0002,500 |
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(11) [(13)] district attorney, criminal district |
|
attorney, or county attorney performing the duties of a district |
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attorney1,250 |
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(12) [(14)] county commissioner, district clerk, |
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county clerk, sheriff, county tax assessor-collector, county |
|
treasurer, or judge, constitutional county court: |
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(A) county with a population of 200,000 or |
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more1,250 |
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(B) county with a population of under |
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200,000750 |
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(13) [(15)] justice of the peace or constable: |
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(A) county with a population of 200,000 or |
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more1,000 |
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(B) county with a population of under |
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200,000375 |
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(14) [(16)] county surveyor, inspector of hides and |
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animals, or public weigher75 |
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(15) [(17)] office of the county government for which |
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this schedule does not otherwise prescribe a fee750 |
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SECTION 1.10. Section 202.001, Election Code, is amended to |
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read as follows: |
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Sec. 202.001. APPLICABILITY OF CHAPTER. This chapter |
|
applies to elective offices of the state and county governments |
|
except the offices of: |
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(1) state senator and state representative; and |
|
(2) justice or judge of an appellate court. |
|
SECTION 1.11. Section 253.153(a), Election Code, is amended |
|
to read as follows: |
|
(a) A judicial candidate or officeholder, a |
|
specific-purpose committee for supporting or opposing a judicial |
|
candidate, or a specific-purpose committee for assisting a judicial |
|
officeholder may not knowingly accept a political contribution |
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except during the period: |
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(1) beginning on: |
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(A) if the office is subject to a nonpartisan |
|
judicial retention election, the 210th day before the date a |
|
declaration of candidacy is required to be filed; or |
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(B) if the office is not subject to a nonpartisan |
|
judicial retention election: |
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(i) the 210th day before the date an |
|
application for a place on the ballot or for nomination by |
|
convention for the office is required to be filed, if the election |
|
is for a full term; or |
|
(ii) [(B)] the later of the 210th day |
|
before the date an application for a place on the ballot or for |
|
nomination by convention for the office is required to be filed or |
|
the date a vacancy in the office occurs, if the election is for an |
|
unexpired term; and |
|
(2) ending on the 120th day after the date of: |
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(A) the general election for state and county |
|
officers, if: |
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(i) the office is subject to a nonpartisan |
|
judicial retention election; or |
|
(ii) the candidate or officeholder has an |
|
opponent in the general election; |
|
(B) except as provided by Subsection (c), the |
|
runoff primary election, if the candidate or officeholder is a |
|
candidate in the runoff primary election and does not have an |
|
opponent in the general election; or |
|
(C) except as provided by Subsection (c), the |
|
general primary election, if the candidate or officeholder is not a |
|
candidate in the runoff primary election and does not have an |
|
opponent in the general election. |
|
SECTION 1.12. Section 172.021(g), Election Code, is |
|
repealed. |
|
SECTION 1.13. (a) Each appellate justice or judge in office |
|
January 1, 2010, unless otherwise removed as provided by law, |
|
continues in office subject to this section. |
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(b) Each appellate justice or judge who is in office January |
|
1, 2010, is subject to retention or rejection, in the manner |
|
provided by law for a justice or judge appointed to the office after |
|
the effective date of this Act, at the last general election |
|
preceding the expiration of the regular or unexpired term for which |
|
each was elected or appointed. |
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SECTION 1.14. This Article takes effect January 1, 2010, |
|
but only if the constitutional amendment proposed by the 81st |
|
Legislature, Regular Session, 2009, providing for filling |
|
vacancies in appellate judicial offices by appointment and for |
|
nonpartisan retention elections for those offices is approved by |
|
the voters. If that amendment is not approved by the voters, this |
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Article has no effect. |
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ARTICLE 2. JUDICIAL INDEMNIFICATION AND REPRESENTATION |
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SECTION 2.01 Section 104.001, Civil Practice and Remedies |
|
Code, is amended to read as follows: |
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Sec. 104.001. STATE LIABILITY; PERSONS COVERED. In a cause |
|
of action based on conduct described in Section 104.002, the state |
|
shall indemnify the following persons, without regard to whether |
|
the persons performed their services for compensation, for actual |
|
damages, court costs, and attorney's fees adjudged against: |
|
(1) an employee, a member of the governing board, or |
|
any other officer of a state agency, institution, or department; |
|
(2) a former employee, former member of the governing |
|
board, or any other former officer of a state agency, institution, |
|
or department who was an employee or officer when the act or |
|
omission on which the damages are based occurred; |
|
(3) a physician or psychiatrist licensed in this state |
|
who was performing services under a contract with any state agency, |
|
institution, or department or a racing official performing services |
|
under a contract with the Texas Racing Commission when the act or |
|
omission on which the damages are based occurred; |
|
(3-a) a phlebotomist licensed in this state who was |
|
performing services under a contract with the Texas Department of |
|
Criminal Justice when the act or omission on which the damages are |
|
based occurred; |
|
(4) a chaplain or spiritual advisor who was performing |
|
services under contract with the Texas Department of Criminal |
|
Justice, the Texas Youth Commission, or the Texas Juvenile |
|
Probation Commission when the act or omission on which the damages |
|
are based occurred; |
|
(5) a person serving on the governing board of a |
|
foundation, corporation, or association at the request and on |
|
behalf of an institution of higher education, as that term is |
|
defined by Section 61.003(8), Education Code, not including a |
|
public junior college; |
|
(6) a state contractor who signed a waste manifest as |
|
required by a state contract; [or] |
|
(7) the estate of a person listed in this section; |
|
(8) a justice of an appellate court, a district judge, |
|
a presiding judge of an administrative region, or an active, |
|
retired, or former judge assigned under this chapter in any action |
|
or suit in any court in which the judge is a defendant because of the |
|
judge's office, if the judge request the assistance of the attorney |
|
general in the defense of the suit; or |
|
(9) an appointee of the supreme court to a judicial |
|
branch board, commission, or task force or a former appointee to |
|
such a board, commission, or task force, if the former appointee was |
|
serving at the time of an alleged act or omission. |
|
SECTION 2.02. Section 74.141, Government Code, is amended |
|
to read as follows: |
|
Sec. 74.141. DEFENSE OF JUDGES. The attorney general shall |
|
defend an appointee or former appointee of the supreme court, as |
|
described by Section 104.001(9), Civil Practice and Remedies Code, |
|
a justice of an appellate court, a state district judge, a presiding |
|
judge of an administrative region, or an active, retired, or former |
|
judge assigned under this chapter in any action or suit in any court |
|
in which the judge is a defendant because of his office as judge if |
|
the judge requests the attorney general's assistance in the defense |
|
of the suit. |
|
ARTICLE 3. JUDICIAL PREPAREDNESS |
|
SECTION 3.01. Section 74.093(c), Government Code, is |
|
amended to read as follows: |
|
(c) The rules may provide for: |
|
(1) the selection and authority of a presiding judge |
|
giving preference to a specified class of cases, such as civil, |
|
criminal, juvenile, or family law cases; |
|
(2) a coordinated response for the transaction of |
|
essential judicial functions in the event of a disaster; and |
|
(3) [(2)] any other matter necessary to carry out this |
|
chapter or to improve the administration and management of the |
|
court system and its auxiliary services. |
|
SECTION 3.02. Section 418.002, Government Code, is amended |
|
to read as follows: |
|
Sec. 418.002. PURPOSES. The purposes of this chapter are |
|
to: |
|
(1) reduce vulnerability of people and communities of |
|
this state to damage, injury, and loss of life and property |
|
resulting from natural or man-made catastrophes, riots, or hostile |
|
military or paramilitary action; |
|
(2) prepare for prompt and efficient rescue, care, and |
|
treatment of persons victimized or threatened by disaster; |
|
(3) provide a setting conducive to the rapid and |
|
orderly restoration and rehabilitation of persons and property |
|
affected by disasters; |
|
(4) clarify and strengthen the roles of the governor, |
|
state agencies, the judicial branch, and local governments in |
|
prevention of, preparation for, response to, and recovery from |
|
disasters; |
|
(5) authorize and provide for cooperation in disaster |
|
mitigation, preparedness, response, and recovery; |
|
(6) authorize and provide for coordination of |
|
activities relating to disaster mitigation, preparedness, |
|
response, and recovery by agencies and officers of this state, and |
|
similar state-local, interstate, federal-state, and foreign |
|
activities in which the state and its political subdivisions may |
|
participate; |
|
(7) provide an emergency management system embodying |
|
all aspects of predisaster preparedness and postdisaster response; |
|
(8) assist in mitigation of disasters caused or |
|
aggravated by inadequate planning for and regulation of public and |
|
private facilities and land use; and |
|
(9) provide the authority and mechanism to respond to |
|
an energy emergency. |
|
SECTION 3.03. Section 418.016, Government Code, is amended |
|
to read as follows: |
|
Sec. 418.016. SUSPENSION OF PROCEDURAL LAWS AND RULES. (a) |
|
The governor may suspend the provisions of any regulatory statute |
|
prescribing the procedures for conduct of state business or the |
|
orders or rules of a state agency if strict compliance with the |
|
provisions, orders, or rules would in any way prevent, hinder, or |
|
delay necessary action in coping with a disaster. |
|
(b) Notwithstanding any other law, the supreme court may |
|
exercise the court's inherent authority by rule or by order or on a |
|
case by case basis, with or without the consent of the parties, to |
|
suspend procedures for the conduct of any court proceeding affected |
|
by a disaster. This authority includes the authority to: |
|
(1) provide abatements and stays; |
|
(2) toll or modify other filings and service |
|
deadlines; |
|
(3) provide for hearings or trials at locations other |
|
than the county of suit; |
|
(4) provide for courts of appeals to accept filings |
|
and hear arguments in remote courthouses; and |
|
(5) provide for alternative notice requirements. |
|
(c) In the event that a disaster prevents the supreme court |
|
from acting, the chief justice may act on behalf of the supreme |
|
court. In the event that a disaster prevents either the supreme |
|
court or the chief justice from acting, the court of criminal |
|
appeals may act on behalf of the chief justice. In the event that a |
|
disaster prevents the supreme court, the chief justice, or the |
|
court of criminal appeals from acting, the presiding judge of the |
|
court of criminal appeals may act on behalf of the court of criminal |
|
appeals. |
|
SECTION 3.04. Section 418.042(b), Government Code, is |
|
amended to read as follows: |
|
(b) In preparing and revising the state emergency |
|
management plan, the division shall seek the advice and assistance |
|
of local government, the judicial branch, business, labor, |
|
industry, agriculture, civic organizations, volunteer |
|
organizations, and community leaders. |
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ARTICLE 4. ELECTRONIC STORAGE OF CERTAIN RECORDS |
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SECTION 4.01. Subchapter A, Chapter 51, Government Code, is |
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amended to read as follows: |
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Sec. 51.0045. ELECTRONIC STORAGE. (a) In the performance |
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of the duties imposed by Section 51.004, the clerk of the supreme |
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court may maintain records and documents in an electronic storage |
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format or on microfilm or microfiche. When a document is filed |
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electronically, the electronic document maintained by the clerk is |
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the original. If the clerk stores records or documents in an |
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electronic storage format or on microfilm or microfiche, the clerk |
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may destroy the originals or copies of the records or documents |
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according to the retention policy described by Subsection (b). |
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(b) The clerk of the supreme court shall establish a records |
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retention policy. The retention policy shall provide a plan for the |
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storage and retention of records and documents and shall include a |
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retention period to preserve the records and documents in |
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accordance with applicable state law and rules of the supreme |
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court. |
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(c) For purposes of this section, "electronic storage" has |
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the meaning assigned by Section 51.105(c). |
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SECTION 4.02. Subchapter C, Chapter 51, Government Code, is |
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amended by adding Section 51.205 to read as follows: |
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Sec. 51.205. ELECTRONIC STORAGE. (a) In the performance of |
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the duties imposed by Section 51.204, the clerk of a court of |
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appeals may maintain records and documents in an electronic storage |
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format or on microfilm or microfiche. When a document is filed |
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electronically, the electronic document maintained by the clerk is |
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the original. If the clerk stores records or documents in an |
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electronic storage format or on microfilm or microfiche, the clerk |
|
may destroy the originals or copies of the records or documents |
|
according to the retention policy described by Subsection (b). |
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(b) The clerk of a court of appeals shall establish a |
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records retention policy. The retention policy shall provide a |
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plan for the storage and retention of records and documents and |
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shall include a retention period to preserve the records and |
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documents in accordance with Section 51.204 and other applicable |
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state law and rules of the court of appeals, the supreme court, or |
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the court of criminal appeals. |
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(c) For purposes of this section, "electronic storage" has |
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the meaning assigned by Section 51.105(c). |
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SECTION 4.03. The change in law made by this Article applies |
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to records received by a clerk before, on or after the effective |
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date. |
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ARTICLE 5. EFFECTIVE DATE |
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SECTION 5.01. Except as otherwise provided by this Act, this |
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Act takes effect immediately if it receives a vote of two-thirds of |
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all the members elected to each house, as provided by Section 39, |
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Article III, Texas Constitution. If this Act does not receive the |
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vote necessary for immediate effect, this Act takes effect |
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September 1, 2009. |