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A BILL TO BE ENTITLED
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AN ACT
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relating to the filling of a vacancy in state judicial offices by |
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appointment. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 21, Government Code is amended by adding |
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Subchapter B to read as follows: |
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SUBCHAPTER B. SELECTION OF JUSTICES AND JUDGES |
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Sec. 21.101. APPOINTMENT. (a) The chief justice and |
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justices of the supreme court shall be appointed by the governor, |
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subject to the advice and consent of the senate and of the house, |
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for a term of six years. |
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(b) The presiding judge and judges of the court of criminal |
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appeals shall be appointed by the governor, subject to the advice |
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and consent of the senate and of the house, for a term of six years. |
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(c) The justices of the courts of appeals shall be appointed |
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by the governor, subject to the advice and consent of the senate and |
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of the house, for a term of six years. |
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(d) District judges shall be appointed by the governor, |
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subject to the advice and consent of the senate and of the house, |
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for a term of four years. |
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(e) At the expiration of the term of office of a justice or a |
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judge who was duly elected or appointed, the justice or judge shall |
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continue in office until the justice or judge has been reappointed |
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by the governor and confirmed by the senate and by the house or |
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until a successor has been appointed by the governor and confirmed |
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by the senate and by the house and taken the oath of office. |
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(d) If a vacancy occurs in the office of a justice or |
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district judge before the expiration of a term, the governor shall |
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appoint a successor subject to the advice and consent of the senate |
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and of the house. If the legislature is not in session, the |
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appointee shall serve until January 31 of the following |
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odd-numbered year. |
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SECTION 2. Section 52.092, Election Code, is amended by |
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amending Subsections (a), (c), and (d) 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 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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[(7)] criminal district judge;
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[(8)] family district judge;
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(5) [(9)] district attorney; |
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(6) [(10)] criminal district attorney. |
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SECTION 3. Section 172.024(a), Election Code, is amended to |
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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 representative 3,125 |
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(4) state senator 1,250 |
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(5) state representative 750 |
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(6) member, State Board of Education 300 |
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[(7) [chief justice or justice, court of appeals,
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other than a justice specified by Subdivision (8)
1,875 |
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(8)
chief justice or justice of a court of appeals that
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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
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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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fee
1,500 |
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(10)
district or criminal district judge of a court in
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a judicial district wholly contained in a county with a population
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of more than 850,000
2,500 |
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(7) [(11)] judge, statutory county court, other than a |
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judge specified by Subdivision (12) 1,500 |
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(8) [(12)] judge of a statutory county court in a |
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county with a population of more than 850,000 2,500 |
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(9) [(13)] district attorney, criminal district |
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attorney, or county attorney performing the duties of a district |
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attorney 1,250 |
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(10) [(14)] county commissioner, district clerk, |
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county clerk, sheriff, county tax assessor-collector, county |
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treasurer, or judge, constitutional county court: |
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(A) county with a population of 200,000 or |
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more 1,250 |
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(B) county with a population of under |
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200,000 750 |
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(11) [(15)] justice of the peace or constable: |
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(A) county with a population of 200,000 or |
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more 1,000 |
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(B) county with a population of under |
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200,000 375 |
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(12) [(16)] county surveyor, inspector of hides and |
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animals, or public weigher 75 |
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(13) [(17)] office of the county government for which |
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this schedule does not otherwise prescribe a fee 750 |
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SECTION 4. This Act takes effect January 1, 2010, but only |
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if the constitutional amendment proposed by the 81st Legislature, |
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Regular Session, 2009, providing for filling vacancies in certain |
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judicial offices by appointment is adopted. If that amendment not |
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approved by the voters, this Act has no effect. |