Texas 2009 - 81st Regular

Texas Senate Bill SB782 Compare Versions

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

Old	New	Differences
1	1	81R6450 JRH-D
2	2	By: Duncan S.B. No. 782
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the filling of a vacancy in an appellate judicial office
8	8	by appointment and a nonpartisan election for the retention or
9	9	rejection of the person appointed.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subchapter D, Chapter 22, Government Code, is
12	12	amended by adding Section 22.303 to read as follows:
13	13	Sec. 22.303. APPOINTMENT AND RETENTION OF JUSTICES AND
14	14	JUDGES. (a) This section applies to each office of justice or
15	15	judge for which the Texas Constitution requires a person appointed
16	16	to fill a vacancy in the office to be subject to retention or
17	17	rejection by the voters at the end of the appointed term and each
18	18	successive term.
19	19	(b) In conjunction with the last general election for state
20	20	and county officers to be held before the end of a term of office to
21	21	which a justice or judge is appointed or retained, the justice or
22	22	judge is subject to retention or rejection at the nonpartisan
23	23	judicial retention election in accordance with Chapter 521,
24	24	Election Code.
25	25	(c) If a justice or judge does not seek retention, or
26	26	withdraws from the retention election, as provided by Chapter 521,
27	27	Election Code, the vacancy existing at the beginning of the
28	28	succeeding term shall be filled in the manner prescribed by the
29	29	Texas Constitution.
30	30	(d) If a vacancy occurs in the office of a justice or judge
31	31	seeking retention and the name of the justice or judge is omitted
32	32	from the retention election ballot under Chapter 521, Election
33	33	Code, the vacancy shall be filled in the manner prescribed by the
34	34	Texas Constitution.
35	35	(e) If a majority of the votes received on the question are
36	36	for the retention of the justice or judge, the person is entitled to
37	37	remain in office for a regular term beginning on the first day of
38	38	the following January, unless the person becomes ineligible or is
39	39	removed as provided by law.
40	40	(f) If less than a majority of the votes received on the
41	41	question are for retention, a vacancy in the office exists on the
42	42	first day of the following January, and the vacancy shall be filled
43	43	in the manner prescribed by the Texas Constitution.
44	44	(g) If the name of a justice or judge seeking retention
45	45	appears on the retention election ballot under Chapter 521,
46	46	Election Code, although a vacancy has occurred in the office, the
47	47	retention election for that office has no effect, and the vacancy
48	48	shall be filled in the manner prescribed by the Texas Constitution.
49	49	SECTION 2. The Election Code is amended by adding Title 18
50	50	to read as follows:
51	51	TITLE 18. NONPARTISAN JUDICIAL RETENTION ELECTIONS
52	52	CHAPTER 521. RETENTION ELECTION
53	53	Sec. 521.001. DECLARATION OF CANDIDACY. (a) Not later than
54	54	5 p.m. on June 1 preceding the nonpartisan judicial retention
55	55	election at which the justice or judge is subject to retention or
56	56	rejection, a justice or judge who seeks to continue to serve in that
57	57	office must file with the secretary of state a declaration of
58	58	candidacy to succeed to the next term.
59	59	(b) A declaration may not be filed earlier than the 30th day
60	60	before the date of the filing deadline. A declaration filed by mail
61	61	is considered to be filed at the time of its receipt by the
62	62	secretary of state.
63	63	(c) The filling of the subsequent vacancy for the office for
64	64	which a declaration of candidacy is not filed is covered by Section
65	65	22.303, Government Code.
66	66	Sec. 521.002. WITHDRAWAL, DEATH, OR INELIGIBILITY. (a)
67	67	With respect to withdrawal, death, or ineligibility of a candidate
68	68	in a nonpartisan judicial retention election, this section
69	69	supersedes Subchapter A, Chapter 145, to the extent of any
70	70	conflict.
71	71	(b) A candidate may not withdraw from the retention election
72	72	after the 65th day before election day.
73	73	(c) A withdrawal request must be filed with the secretary of
74	74	state.
75	75	(d) A candidate's name shall be omitted from the retention
76	76	election ballot if the candidate withdraws, dies, or is declared
77	77	ineligible on or before the 65th day before election day.
78	78	(e) If a candidate who has made a declaration of candidacy
79	79	that complies with the applicable requirements dies or is declared
80	80	ineligible after the 65th day before election day, the candidate's
81	81	name shall be placed on the retention election ballot.
82	82	(f) The filling of the subsequent vacancy for the office
83	83	following implementation of Subsection (d) or (e) is covered by
84	84	Section 22.303, Government Code.
85	85	Sec. 521.003. CERTIFICATION OF NAMES FOR PLACEMENT ON
86	86	RETENTION ELECTION BALLOT. (a) Except as provided by Subsection
87	87	(c), the secretary of state shall certify in writing for placement
88	88	on the nonpartisan judicial retention election ballot the name of
89	89	each candidate who files with the secretary a declaration of
90	90	candidacy that complies with Section 521.001.
91	91	(b) Not later than the 55th day before election day, the
92	92	secretary of state shall deliver the certification to the authority
93	93	responsible for having the official ballot prepared in each county
94	94	in which the candidate's name is to appear on the ballot.
95	95	(c) A candidate's name may not be certified if, before
96	96	delivering the certification, the secretary of state learns that
97	97	the name is to be omitted from the ballot under Section 521.002.
98	98	Sec. 521.004. RETENTION ELECTION BALLOT. The name of the
99	99	person subject to retention or rejection shall be submitted to the
100	100	voters on the nonpartisan judicial retention election ballot
101	101	following the offices subject to election under the heading
102	102	"Retention of Nonpartisan Judicial Offices," in substantially the
103	103	following form:
104	104	"Shall (Justice or Judge)_______________________
105	105	______________________________________________
106	106	be retained in office as (justice or judge) of the
107	107	(name of court)_________________________?"
108	108	____"Yes"
109	109	____"No"
110	110	Sec. 521.005. GENERAL PROCEDURE FOR CONDUCT OF RETENTION
111	111	ELECTION. (a) Except as otherwise provided by this code, the
112	112	nonpartisan judicial retention election shall be conducted and the
113	113	results canvassed, tabulated, and reported in the manner applicable
114	114	to partisan offices in the general election for state and county
115	115	officers.
116	116	(b) A certificate of election shall be issued to a retained
117	117	officer in the same manner as provided for a candidate elected to an
118	118	office.
119	119	Sec. 521.006. WRITE-IN VOTING PROHIBITED. Write-in voting
120	120	is not permitted in a nonpartisan judicial retention election.
121	121	Sec. 521.007. POLITICAL CONTRIBUTIONS AND EXPENDITURES. A
122	122	candidate for retention of a judicial office is subject to Title 15
123	123	and shall comply with that title in the same manner as a candidate
124	124	for election to the office.
125	125	Sec. 521.008. APPLICABILITY OF OTHER PARTS OF CODE. The
126	126	other titles of this code apply to a nonpartisan judicial retention
127	127	election except provisions that are inconsistent with this title or
128	128	that cannot feasibly be applied in a retention election.
129	129	Sec. 521.009. ADDITIONAL PROCEDURES. The secretary of
130	130	state shall prescribe any additional procedures necessary for the
131	131	orderly and proper administration of elections held under this
132	132	chapter.
133	133	SECTION 3. Section 1.005, Election Code, is amended by
134	134	amending Subdivision (9) and adding Subdivisions (25) and (26) to
135	135	read as follows:
136	136	(9) "Independent candidate" means a candidate in a
137	137	nonpartisan election or a candidate in a partisan election who is
138	138	not the nominee of a political party. The term does not include a
139	139	nonpartisan judicial candidate.
140	140	(25) "Nonpartisan judicial candidate" means a
141	141	candidate in a nonpartisan judicial retention election.
142	142	(26) "Nonpartisan judicial retention election" means
143	143	an election held under Chapter 521.
144	144	SECTION 4. Section 41.002, Election Code, is amended to
145	145	read as follows:
146	146	Sec. 41.002. GENERAL ELECTION FOR STATE AND COUNTY
147	147	OFFICERS. The general election for state and county officers,
148	148	including the nonpartisan judicial retention election, shall be
149	149	held on the first Tuesday after the first Monday in November in
150	150	even-numbered years.
151	151	SECTION 5. Section 52.092, Election Code, is amended by
152	152	amending Subsections (a), (c), and (d) and adding Subsection (f-1)
153	153	to read as follows:
154	154	(a) For an election at which offices regularly filled at the
155	155	general election for state and county officers, including the
156	156	nonpartisan judicial retention election, are to appear on the
157	157	ballot, the offices shall be listed in the following order:
158	158	(1) offices of the federal government;
159	159	(2) offices of the state government:
160	160	(A) statewide offices;
161	161	(B) district offices;
162	162	(3) offices of the county government:
163	163	(A) county offices;
164	164	(B) precinct offices.
165	165	(c) Statewide offices of the state government shall be
166	166	listed in the following order:
167	167	(1) governor;
168	168	(2) lieutenant governor;
169	169	(3) attorney general;
170	170	(4) comptroller of public accounts;
171	171	(5) commissioner of the General Land Office;
172	172	(6) commissioner of agriculture;
173	173	(7) railroad commissioner[;
174	174	[(8) chief justice, supreme court;
175	175	[(9) justice, supreme court;
176	176	[(10) presiding judge, court of criminal appeals;
177	177	[(11) judge, court of criminal appeals].
178	178	(d) District offices of the state government shall be listed
179	179	in the following order:
180	180	(1) member, State Board of Education;
181	181	(2) state senator;
182	182	(3) state representative;
183	183	(4) [chief justice, court of appeals;
184	184	[(5) justice, court of appeals;
185	185	[(6)] district judge;
186	186	(5) [(7)] criminal district judge;
187	187	(6) [(8)] family district judge;
188	188	(7) [(9)] district attorney;
189	189	(8) [(10)] criminal district attorney.
190	190	(f-1) Nonpartisan judicial retention election offices shall
191	191	be listed in the following order:
192	192	(1) chief justice, supreme court;
193	193	(2) justice, supreme court;
194	194	(3) presiding judge, court of criminal appeals;
195	195	(4) judge, court of criminal appeals;
196	196	(5) chief justice, court of appeals;
197	197	(6) justice, court of appeals.
198	198	SECTION 6. Section 145.003(b), Election Code, is amended to
199	199	read as follows:
200	200	(b) A candidate in the general election for state and county
201	201	officers, including the nonpartisan judicial retention election,
202	202	may be declared ineligible before the 30th day preceding election
203	203	day by:
204	204	(1) the party officer responsible for certifying the
205	205	candidate's name for placement on the general election ballot, in
206	206	the case of a candidate who is a political party's nominee; or
207	207	(2) the authority with whom the candidate's
208	208	application for a place on the ballot or declaration of candidacy is
209	209	required to be filed, in the case of an independent candidate or a
210	210	nonpartisan judicial candidate, as applicable.
211	211	SECTION 7. Section 145.005(a), Election Code, is amended to
212	212	read as follows:
213	213	(a) If the name of a deceased or ineligible candidate
214	214	appears on the ballot [under this chapter], the votes cast for the
215	215	candidate shall be counted and entered on the official election
216	216	returns in the same manner as for the other candidates.
217	217	SECTION 8. Section 172.021(e), Election Code, is amended to
218	218	read as follows:
219	219	(e) A candidate for an office specified by Section
220	220	172.024(a)(8) or [,] (10)[, or (12),] or for justice of the peace in
221	221	a county with a population of more than 850,000, who chooses to pay
222	222	the filing fee must also accompany the application with a petition
223	223	for a place on the primary ballot as a candidate for judicial office
224	224	that complies with the requirements prescribed for the petition
225	225	authorized by Subsection (b), except that the minimum number of
226	226	signatures that must appear on the petition required by this
227	227	subsection is 250. If the candidate chooses to file the petition
228	228	authorized by Subsection (b) in lieu of the filing fee, the minimum
229	229	number of signatures required for that petition is increased by
230	230	250. Signatures on a petition filed under this subsection or
231	231	Subsection (b) by a candidate covered by this subsection may not be
232	232	obtained on the grounds of a county courthouse or courthouse annex.
233	233	SECTION 9. Section 172.024(a), Election Code, is amended to
234	234	read as follows:
235	235	(a) The filing fee for a candidate for nomination in the
236	236	general primary election is as follows:
237	237	(1) United States senator $5,000
238	238	(2) office elected statewide, except United States
239	239	senator 3,750
240	240	(3) United States representative 3,125
241	241	(4) state senator 1,250
242	242	(5) state representative 750
243	243	(6) member, State Board of Education 300
244	244	(7) [chief justice or justice, court of appeals, other
245	245	than a justice specified by Subdivision (8) 1,875
246	246	[(8) chief justice or justice of a court of appeals
247	247	that serves a court of appeals district in which a county with a
248	248	population of more than 750,000 is wholly or partly
249	249	situated 2,500
250	250	[(9)] district judge or judge specified by Section
251	251	52.092(d) for which this schedule does not otherwise prescribe a
252	252	fee 1,500
253	253	(8) [(10)] district or criminal district judge of a
254	254	court in a judicial district wholly contained in a county with a
255	255	population of more than 850,000 2,500
256	256	(9) [(11)] judge, statutory county court, other than a
257	257	judge specified by Subdivision (12) 1,500
258	258	(10) [(12)] judge of a statutory county court in a
259	259	county with a population of more than 850,000 2,500
260	260	(11) [(13)] district attorney, criminal district
261	261	attorney, or county attorney performing the duties of a district
262	262	attorney 1,250
263	263	(12) [(14)] county commissioner, district clerk,
264	264	county clerk, sheriff, county tax assessor-collector, county
265	265	treasurer, or judge, constitutional county court:
266	266	(A) county with a population of 200,000 or
267	267	more 1,250
268	268	(B) county with a population of under
269	269	200,000 750
270	270	(13) [(15)] justice of the peace or constable:
271	271	(A) county with a population of 200,000 or
272	272	more 1,000
273	273	(B) county with a population of under
274	274	200,000 375
275	275	(14) [(16)] county surveyor, inspector of hides and
276	276	animals, or public weigher 75
277	277	(15) [(17)] office of the county government for which
278	278	this schedule does not otherwise prescribe a fee 750
279	279	SECTION 10. Section 202.001, Election Code, is amended to
280	280	read as follows:
281	281	Sec. 202.001. APPLICABILITY OF CHAPTER. This chapter
282	282	applies to elective offices of the state and county governments
283	283	except the offices of:
284	284	(1) state senator and state representative; and
285	285	(2) justice or judge of an appellate court.
286	286	SECTION 11. Section 253.153(a), Election Code, is amended
287	287	to read as follows:
288	288	(a) A judicial candidate or officeholder, a
289	289	specific-purpose committee for supporting or opposing a judicial
290	290	candidate, or a specific-purpose committee for assisting a judicial
291	291	officeholder may not knowingly accept a political contribution
292	292	except during the period:
293	293	(1) beginning on:
294	294	(A) if the office is subject to a nonpartisan
295	295	judicial retention election, the 210th day before the date a
296	296	declaration of candidacy is required to be filed; or
297	297	(B) if the office is not subject to a nonpartisan
298	298	judicial retention election:
299	299	(i) the 210th day before the date an
300	300	application for a place on the ballot or for nomination by
301	301	convention for the office is required to be filed, if the election
302	302	is for a full term; or
303	303	(ii) [(B)] the later of the 210th day
304	304	before the date an application for a place on the ballot or for
305	305	nomination by convention for the office is required to be filed or
306	306	the date a vacancy in the office occurs, if the election is for an
307	307	unexpired term; and
308	308	(2) ending on the 120th day after the date of:
309	309	(A) the general election for state and county
310	310	officers, if:
311	311	(i) the office is subject to a nonpartisan
312	312	judicial retention election; or
313	313	(ii) the candidate or officeholder has an
314	314	opponent in the general election;
315	315	(B) except as provided by Subsection (c), the
316	316	runoff primary election, if the candidate or officeholder is a
317	317	candidate in the runoff primary election and does not have an
318	318	opponent in the general election; or
319	319	(C) except as provided by Subsection (c), the
320	320	general primary election, if the candidate or officeholder is not a
321	321	candidate in the runoff primary election and does not have an
322	322	opponent in the general election.
323	323	SECTION 12. Section 172.021(g), Election Code, is repealed.
324	324	SECTION 13. (a) Each appellate justice or judge in office
325	325	January 1, 2010, unless otherwise removed as provided by law,
326	326	continues in office subject to this section.
327	327	(b) Each appellate justice or judge who is in office January
328	328	1, 2010, is subject to retention or rejection, in the manner
329	329	provided by law for a justice or judge appointed to the office after
330	330	the effective date of this Act, at the last general election
331	331	preceding the expiration of the regular or unexpired term for which
332	332	each was elected or appointed.
333	333	SECTION 14. This Act takes effect January 1, 2010, but only
334	334	if the constitutional amendment proposed by the 81st Legislature,
335	335	Regular Session, 2009, providing for filling vacancies in appellate
336	336	judicial offices by appointment and for nonpartisan retention
337	337	elections for those offices is approved by the voters. If that
338	338	amendment is not approved by the voters, this Act has no effect.