By: Villarreal H.B. No. 4403
A BILL TO BE ENTITLED
AN ACT
relating to the filling of a vacancy in state judicial offices by
appointment.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 21, Government Code is amended by adding
Subchapter B to read as follows:
SUBCHAPTER B. SELECTION OF JUSTICES AND JUDGES
Sec. 21.101. APPOINTMENT. (a) The chief justice and
justices of the supreme court shall be appointed by the governor,
subject to the advice and consent of the senate and of the house,
for a term of six years.
(b) The presiding judge and judges of the court of criminal
appeals shall be appointed by the governor, subject to the advice
and consent of the senate and of the house, for a term of six years.
(c) The justices of the courts of appeals shall be appointed
by the governor, subject to the advice and consent of the senate and
of the house, for a term of six years.
(d) District judges shall be appointed by the governor,
subject to the advice and consent of the senate and of the house,
for a term of four years.
(e) At the expiration of the term of office of a justice or a
judge who was duly elected or appointed, the justice or judge shall
continue in office until the justice or judge has been reappointed
by the governor and confirmed by the senate and by the house or
until a successor has been appointed by the governor and confirmed
by the senate and by the house and taken the oath of office.
(d) If a vacancy occurs in the office of a justice or
district judge before the expiration of a term, the governor shall
appoint a successor subject to the advice and consent of the senate
and of the house. If the legislature is not in session, the
appointee shall serve until January 31 of the following
odd-numbered year.
SECTION 2. Section 52.092, Election Code, is amended by
amending Subsections (a), (c), and (d) to read as follows:
(a) For an election at which offices regularly filled at the
general election for state and county officers are to appear on the
ballot, the offices shall be listed in the following order:
(1) offices of the federal government;
(2) offices of the state government:
(A) statewide offices;
(B) district offices;
(3) offices of the county government:
(A) county offices;
(B) precinct offices.
(c) Statewide offices of the state government shall be
listed in the following order:
(1) governor;
(2) lieutenant governor;
(3) attorney general;
(4) comptroller of public accounts;
(5) commissioner of the General Land Office;
(6) commissioner of agriculture;
(7) railroad commissioner[;
[(8) chief justice, supreme court;
[(9) justice, supreme court;
[(10) presiding judge, court of criminal appeals;
[(11) judge, court of criminal appeals].
(d) District offices of the state government shall be listed
in the following order:
(1) member, State Board of Education;
(2) state senator;
(3) state representative;
(4) [chief justice, court of appeals;
[(5) justice, court of appeals;
[(6)] district judge;
[(7)] criminal district judge;
[(8)] family district judge;
(5) [(9)] district attorney;
(6) [(10)] criminal district attorney.
SECTION 3. Section 172.024(a), Election Code, is amended to
read as follows:
(a) The filing fee for a candidate for nomination in the
general primary election is as follows:
(1) United States senator $5,000
(2) office elected statewide, except United States
senator 3,750
(3) United States representative 3,125
(4) state senator 1,250
(5) state representative 750
(6) member, State Board of Education 300
[(7) [chief justice or justice, court of appeals,
other than a justice specified by Subdivision (8) 1,875
(8) chief justice or justice of a court of appeals that
serves a court of appeals district in which a county with a
population of more than 750,000 is wholly or partly
situated 2,500
(9) district judge or judge specified by Section
52.092(d) for which this schedule does not otherwise prescribe a
fee 1,500
(10) district or criminal district judge of a court in
a judicial district wholly contained in a county with a population
of more than 850,000 2,500
(7) [(11)] judge, statutory county court, other than a
judge specified by Subdivision (12) 1,500
(8) [(12)] judge of a statutory county court in a
county with a population of more than 850,000 2,500
(9) [(13)] district attorney, criminal district
attorney, or county attorney performing the duties of a district
attorney 1,250
(10) [(14)] county commissioner, district clerk,
county clerk, sheriff, county tax assessor-collector, county
treasurer, or judge, constitutional county court:
(A) county with a population of 200,000 or
more 1,250
(B) county with a population of under
200,000 750
(11) [(15)] justice of the peace or constable:
(A) county with a population of 200,000 or
more 1,000
(B) county with a population of under
200,000 375
(12) [(16)] county surveyor, inspector of hides and
animals, or public weigher 75
(13) [(17)] office of the county government for which
this schedule does not otherwise prescribe a fee 750
SECTION 4. This Act takes effect January 1, 2010, but only
if the constitutional amendment proposed by the 81st Legislature,
Regular Session, 2009, providing for filling vacancies in certain
judicial offices by appointment is adopted. If that amendment not
approved by the voters, this Act has no effect.