Texas 2009 - 81st Regular

Texas House Bill HB4403 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	By: Villarreal H.B. No. 4403
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the filling of a vacancy in state judicial offices by
7	7	appointment.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Chapter 21, Government Code is amended by adding
10	10	Subchapter B to read as follows:
11	11	SUBCHAPTER B. SELECTION OF JUSTICES AND JUDGES
12	12	Sec. 21.101. APPOINTMENT. (a) The chief justice and
13	13	justices of the supreme court shall be appointed by the governor,
14	14	subject to the advice and consent of the senate and of the house,
15	15	for a term of six years.
16	16	(b) The presiding judge and judges of the court of criminal
17	17	appeals shall be appointed by the governor, subject to the advice
18	18	and consent of the senate and of the house, for a term of six years.
19	19	(c) The justices of the courts of appeals shall be appointed
20	20	by the governor, subject to the advice and consent of the senate and
21	21	of the house, for a term of six years.
22	22	(d) District judges shall be appointed by the governor,
23	23	subject to the advice and consent of the senate and of the house,
24	24	for a term of four years.
25	25	(e) At the expiration of the term of office of a justice or a
26	26	judge who was duly elected or appointed, the justice or judge shall
27	27	continue in office until the justice or judge has been reappointed
28	28	by the governor and confirmed by the senate and by the house or
29	29	until a successor has been appointed by the governor and confirmed
30	30	by the senate and by the house and taken the oath of office.
31	31	(d) If a vacancy occurs in the office of a justice or
32	32	district judge before the expiration of a term, the governor shall
33	33	appoint a successor subject to the advice and consent of the senate
34	34	and of the house. If the legislature is not in session, the
35	35	appointee shall serve until January 31 of the following
36	36	odd-numbered year.
37	37	SECTION 2. Section 52.092, Election Code, is amended by
38	38	amending Subsections (a), (c), and (d) to read as follows:
39	39	(a) For an election at which offices regularly filled at the
40	40	general election for state and county officers are to appear on the
41	41	ballot, the offices shall be listed in the following order:
42	42	(1) offices of the federal government;
43	43	(2) offices of the state government:
44	44	(A) statewide offices;
45	45	(B) district offices;
46	46	(3) offices of the county government:
47	47	(A) county offices;
48	48	(B) precinct offices.
49	49	(c) Statewide offices of the state government shall be
50	50	listed in the following order:
51	51	(1) governor;
52	52	(2) lieutenant governor;
53	53	(3) attorney general;
54	54	(4) comptroller of public accounts;
55	55	(5) commissioner of the General Land Office;
56	56	(6) commissioner of agriculture;
57	57	(7) railroad commissioner[;
58	58	[(8) chief justice, supreme court;
59	59	[(9) justice, supreme court;
60	60	[(10) presiding judge, court of criminal appeals;
61	61	[(11) judge, court of criminal appeals].
62	62	(d) District offices of the state government shall be listed
63	63	in the following order:
64	64	(1) member, State Board of Education;
65	65	(2) state senator;
66	66	(3) state representative;
67	67	(4) [chief justice, court of appeals;
68	68	[(5) justice, court of appeals;
69	69	[(6)] district judge;
70	70	[(7)] criminal district judge;
71	71	[(8)] family district judge;
72	72	(5) [(9)] district attorney;
73	73	(6) [(10)] criminal district attorney.
74	74	SECTION 3. Section 172.024(a), Election Code, is amended to
75	75	read as follows:
76	76	(a) The filing fee for a candidate for nomination in the
77	77	general primary election is as follows:
78	78	(1) United States senator $5,000
79	79	(2) office elected statewide, except United States
80	80	senator 3,750
81	81	(3) United States representative 3,125
82	82	(4) state senator 1,250
83	83	(5) state representative 750
84	84	(6) member, State Board of Education 300
85	85	[(7) [chief justice or justice, court of appeals,
86	86	other than a justice specified by Subdivision (8) 1,875
87	87	(8) chief justice or justice of a court of appeals that
88	88	serves a court of appeals district in which a county with a
89	89	population of more than 750,000 is wholly or partly
90	90	situated 2,500
91	91	(9) district judge or judge specified by Section
92	92	52.092(d) for which this schedule does not otherwise prescribe a
93	93	fee 1,500
94	94	(10) district or criminal district judge of a court in
95	95	a judicial district wholly contained in a county with a population
96	96	of more than 850,000 2,500
97	97	(7) [(11)] judge, statutory county court, other than a
98	98	judge specified by Subdivision (12) 1,500
99	99	(8) [(12)] judge of a statutory county court in a
100	100	county with a population of more than 850,000 2,500
101	101	(9) [(13)] district attorney, criminal district
102	102	attorney, or county attorney performing the duties of a district
103	103	attorney 1,250
104	104	(10) [(14)] county commissioner, district clerk,
105	105	county clerk, sheriff, county tax assessor-collector, county
106	106	treasurer, or judge, constitutional county court:
107	107	(A) county with a population of 200,000 or
108	108	more 1,250
109	109	(B) county with a population of under
110	110	200,000 750
111	111	(11) [(15)] justice of the peace or constable:
112	112	(A) county with a population of 200,000 or
113	113	more 1,000
114	114	(B) county with a population of under
115	115	200,000 375
116	116	(12) [(16)] county surveyor, inspector of hides and
117	117	animals, or public weigher 75
118	118	(13) [(17)] office of the county government for which
119	119	this schedule does not otherwise prescribe a fee 750
120	120	SECTION 4. This Act takes effect January 1, 2010, but only
121	121	if the constitutional amendment proposed by the 81st Legislature,
122	122	Regular Session, 2009, providing for filling vacancies in certain
123	123	judicial offices by appointment is adopted. If that amendment not
124	124	approved by the voters, this Act has no effect.