Texas 2019 - 86th Regular

Texas House Bill HB4504 Compare Versions

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1	1	By: Landgraf H.B. No. 4504
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the appointment of certain judicial offices, a board
7	7	for considering the qualification of applicants for judicial
8	8	office, and a nonpartisan election for the retention or rejection
9	9	of a person appointed to those offices.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subtitle A, Title 2, Government Code, is amended
12	12	by adding Chapter 21A to read as follows:
13	13	CHAPTER 21A. JUDICIAL APPOINTMENTS ADVISORY BOARD
14	14	Sec. 21A.001. DEFINITIONS. In this chapter:
15	15	(1) "Board" means the judicial appointments advisory
16	16	board.
17	17	(2) "Majority party" means the political party with
18	18	the most members among the membership of the Texas House of
19	19	Representatives or the Texas Senate, as applicable.
20	20	(3) "Minority party" means the political party with
21	21	the second highest number of members among the membership of the
22	22	Texas House of Representatives or the Texas Senate, as applicable.
23	23	Sec. 21A.002. ADVISORY BOARD. (a) The judicial
24	24	appointments advisory board is composed of 11 members as follows:
25	25	(1) three members appointed by the majority party of the
26	26	house of representatives as follows:
27	27	(A) two members with the qualifications required
28	28	by Subsection (b); and
29	29	(B) one member with the qualifications required
30	30	by Subsection (c);
31	31	(2) two members appointed by the minority party of the
32	32	house of representatives as follows:
33	33	(A) one member with the qualifications required
34	34	by Subsection (b); and
35	35	(B) one member with the qualifications required
36	36	by Subsection (c);
37	37	(3) two members appointed by the majority party of the
38	38	senate as follows:
39	39	(A) one member with the qualifications required
40	40	by Subsection (b); and
41	41	(B) one member with the qualifications required
42	42	by Subsection (c);
43	43	(4) two members appointed by the minority party of the
44	44	senate as follows:
45	45	(A) one member with the qualifications required
46	46	by Subsection (b); and
47	47	(B) one member with the qualifications required
48	48	by Subsection (c);
49	49	(5) one member with the qualifications required by
50	50	Subsection (c), appointed by the chief justice of the supreme
51	51	court; and
52	52	(6) one member with the qualifications required by
53	53	Subsection (c), appointed by the presiding judge of the court of
54	54	criminal appeals.
55	55	(b) A member of the board who is subject to this subsection
56	56	must:
57	57	(1) be a citizen of the United States and a resident of
58	58	this state;
59	59	(2) be at least 35 years of age; and
60	60	(3) not be licensed to practice law.
61	61	(c) A member of the board who is subject to this subsection
62	62	must:
63	63	(1) be a citizen of the United States and a resident of
64	64	this state;
65	65	(2) be at least 35 years of age;
66	66	(3) be licensed to practice law in this state; and
67	67	(4) have practiced in this state as a lawyer or as a
68	68	judge of a court, or both combined, for at least seven years
69	69	preceding the date of the appointment.
70	70	(d) Appointments to the board shall be made without regard
71	71	to the race, color, disability, sex, religion, age, or national
72	72	origin of the appointee.
73	73	(e) The members of the board shall serve staggered six-year
74	74	terms, with the terms of approximately one-third of the members
75	75	expiring August 31 of each odd-numbered year.
76	76	(f) A person may not serve for more than 12 years on the
77	77	board.
78	78	(g) The board shall select a presiding officer and other
79	79	officers from its members.
80	80	Sec. 21A.003. DUTIES OF BOARD. (a) The board shall:
81	81	(1) review the academic credentials, substantive
82	82	experience in law, and reputation for competence, fairness, and
83	83	integrity of any person appointed to a judicial office to which
84	84	Section 28(b), Article V, Texas Constitution, applies; and
85	85	(2) advise the senate on whether the board believes
86	86	the appointee is "unqualified," "qualified," or "highly qualified"
87	87	to hold the office to which the person has been appointed.
88	88	(b) The board shall provide its assessment of an appointee's
89	89	qualifications to the lieutenant governor and the chair of the
90	90	senate committee with jurisdiction over gubernatorial
91	91	appointments:
92	92	(1) not later than the 30th day after the date a
93	93	regular session of the legislature begins, for a person who is
94	94	appointed before the regular session;
95	95	(2) not later than the 30th day after the date the
96	96	person is appointed, for a person who is appointed during a regular
97	97	session of the legislature on a date that is at least 60 days before
98	98	the date the session will end; or
99	99	(3) within a reasonable time required by the chair of
100	100	the senate committee with jurisdiction over gubernatorial
101	101	appointments for a person who is appointed:
102	102	(A) before or during a called session of the
103	103	legislature; or
104	104	(B) less than 60 days before the date the session
105	105	of the legislature will end.
106	106	Sec. 21A.004. EXPENSES. (a) A member of the board may not
107	107	receive compensation for service on the board but is entitled to
108	108	reimbursement for actual and necessary expenses incurred in
109	109	performing the duties of the board.
110	110	(b) The board, board officers, and board committees are
111	111	entitled to reimbursement for the actual and necessary clerical
112	112	expenses incurred in performing functions under this chapter.
113	113	Sec. 21A.005. REMOVAL OF BOARD MEMBERS. (a) It is a ground
114	114	for removal from the board that a member:
115	115	(1) does not have, at the time of taking office, or
116	116	does not maintain during service on the board, the required
117	117	qualifications;
118	118	(2) cannot, because of illness or disability,
119	119	discharge the member's duties for a substantial part of the member's
120	120	term;
121	121	(3) is absent from more than one-fourth of the
122	122	regularly scheduled board meetings that the member is eligible to
123	123	attend during a calendar year without an excuse approved by a
124	124	majority vote of the board; or
125	125	(4) is incompetent or inattentive to the member's
126	126	duties.
127	127	(b) The validity of an action of the board is not affected by
128	128	the fact that it is taken when a ground for removal of a board member
129	129	exists.
130	130	SECTION 2. The Election Code is amended by adding Title 15A
131	131	to read as follows:
132	132	TITLE 15A. NONPARTISAN JUDICIAL RETENTION ELECTIONS
133	133	CHAPTER 261. RETENTION ELECTION
134	134	Sec. 261.001. APPLICABILITY. This chapter applies only to
135	135	the following judicial offices:
136	136	(1) chief justice or justice of the supreme court;
137	137	(2) presiding judge or judge of the court of criminal
138	138	appeals;
139	139	(3) chief justice or justice of a court of appeals;
140	140	(4) district judge of a judicial district that
141	141	contains a county with a population of more than 500,000; and
142	142	(5) district judge of a judicial district in which the
143	143	voters of the district have voted to have district court judge
144	144	vacancies filled by appointment under Section 28(b), Article V,
145	145	Texas Constitution.
146	146	Sec. 261.002. VACANCY IN OFFICE. (a) In addition to the
147	147	provisions of Chapter 201, a vacancy in a judicial office to which
148	148	this chapter applies exists on January 1 of the year following the
149	149	year in which:
150	150	(1) a justice's or judge's 12-year term of office ends;
151	151	or
152	152	(2) a justice or judge:
153	153	(A) does not file a declaration of candidacy for
154	154	a retention election in accordance with Section 261.004;
155	155	(B) withdraws from a retention election; or
156	156	(C) receives less than a majority of the votes
157	157	cast on the question of retention at a retention election.
158	158	(b) A vacancy in an office to which this chapter applies is
159	159	filled under Section 28(b), Article V, Texas Constitution.
160	160	Sec. 261.003. TIMING OF RETENTION ELECTION. Each person
161	161	appointed to an office to which this chapter applies is subject to
162	162	retention or rejection by the voters at the nonpartisan judicial
163	163	retention election held in conjunction with the general election
164	164	for state and county officers during the fourth and eighth years of
165	165	the person's 12-year term.
166	166	Sec. 261.004. DECLARATION OF CANDIDACY. (a) Not later than
167	167	5 p.m. on June 1 preceding the nonpartisan judicial retention
168	168	election at which the justice or judge is subject to retention or
169	169	rejection, a justice or judge who seeks to continue to serve in that
170	170	office must file with the secretary of state a declaration of
171	171	candidacy to succeed to the next term.
172	172	(b) A declaration may not be filed earlier than the 30th day
173	173	before the date of the filing deadline. A declaration filed by mail
174	174	is considered to be filed at the time of its receipt by the
175	175	appropriate authority.
176	176	Sec. 261.005. WITHDRAWAL, DEATH, OR INELIGIBILITY. (a)
177	177	With respect to withdrawal, death, or ineligibility of a candidate
178	178	in a nonpartisan judicial retention election, this section
179	179	supersedes Subchapter A, Chapter 145, to the extent of any
180	180	conflict.
181	181	(b) A candidate may not withdraw from the retention election
182	182	after the 74th day before election day.
183	183	(c) A withdrawal request must be in writing and filed with
184	184	the secretary of state.
185	185	(d) A candidate's name shall be omitted from the retention
186	186	election ballot if the candidate withdraws, dies, or is declared
187	187	ineligible on or before the 74th day before election day.
188	188	(e) If a candidate who has made a declaration of candidacy
189	189	that complies with the applicable requirements dies or is declared
190	190	ineligible after the 74th day before election day, the candidate's
191	191	name shall be placed on the retention election ballot.
192	192	Sec. 261.006. CERTIFICATION OF NAMES FOR PLACEMENT ON
193	193	RETENTION ELECTION BALLOT. (a) Except as provided by Subsection
194	194	(c), the secretary of state shall certify in writing for placement
195	195	on the nonpartisan judicial retention election ballot the name of
196	196	each candidate who files with the secretary a declaration of
197	197	candidacy that complies with Section 261.004.
198	198	(b) Not later than the 68th day before election day, the
199	199	secretary of state shall deliver the certification to the authority
200	200	responsible for having the official ballot prepared in each county
201	201	in which the candidate's name is to appear on the ballot.
202	202	(c) A candidate's name may not be certified if, before
203	203	delivering the certification, the secretary of state learns that
204	204	the name is to be omitted from the ballot under Section 261.005.
205	205	Sec. 261.007. RETENTION ELECTION BALLOT. The name of the
206	206	person subject to retention or rejection shall be submitted to the
207	207	voters on the nonpartisan judicial retention election ballot
208	208	following the offices subject to election under the heading
209	209	"Retention of Nonpartisan Judicial Offices," in substantially the
210	210	following form:
211	211	"Shall (Justice or Judge)
212	212	be retained in office as (justice or judge) of the
213	213	(name of court) ?"
214	214	"Yes"
215	215	"No"
216	216	Sec. 261.008. GENERAL PROCEDURE FOR CONDUCT OF RETENTION
217	217	ELECTION. (a) Except as otherwise provided by this code, the
218	218	nonpartisan judicial retention election shall be conducted and the
219	219	results canvassed, tabulated, and reported in the manner applicable
220	220	to partisan offices in the general election for state and county
221	221	officers.
222	222	(b) A certificate of election shall be issued to a retained
223	223	officer in the same manner as provided for a candidate elected to an
224	224	office.
225	225	Sec. 261.009. WRITE-IN VOTING PROHIBITED. Write-in voting
226	226	is not permitted in a nonpartisan judicial retention election.
227	227	Sec. 261.010. APPLICABILITY OF OTHER PARTS OF CODE. The
228	228	other titles of this code apply to a nonpartisan judicial retention
229	229	election except provisions that are inconsistent with this title or
230	230	that cannot feasibly be applied in a retention election.
231	231	Sec. 261.011. ADDITIONAL PROCEDURES. The secretary of state
232	232	shall prescribe any additional procedures necessary for the orderly
233	233	and proper administration of elections held under this chapter.
234	234	Sec. 261.012. EFFECT OF RETENTION ELECTION. (a) If a
235	235	majority of the votes received on the question are for the retention
236	236	of the justice or judge, the person is entitled to continue the
237	237	person's term, unless the person becomes ineligible or is removed
238	238	as provided by law.
239	239	(b) If the name of a justice or judge appears on the
240	240	retention election ballot, although a vacancy has occurred in the
241	241	office pursuant to Chapter 201 or the justice or judge has withdrawn
242	242	from seeking retention, the retention election for that office has
243	243	no effect.
244	244	SECTION 3. Section 1.005, Election Code, is amended by
245	245	amending Subdivision (9) and adding Subdivisions (12-a) and (12-b)
246	246	to read as follows:
247	247	(9) "Independent candidate" means a candidate in a
248	248	nonpartisan election or a candidate in a partisan election who is
249	249	not the nominee of a political party. The term does not include a
250	250	nonpartisan judicial candidate.
251	251	(12-a) "Nonpartisan judicial candidate" means a
252	252	candidate in a nonpartisan judicial retention election.
253	253	(12-b) "Nonpartisan judicial retention election" means
254	254	an election held under Title 15A.
255	255	SECTION 4. Section 41.002, Election Code, is amended to
256	256	read as follows:
257	257	Sec. 41.002. GENERAL ELECTION FOR STATE AND COUNTY
258	258	OFFICERS. The general election for state and county officers,
259	259	including the nonpartisan judicial retention election, shall be
260	260	held on the first Tuesday after the first Monday in November in
261	261	even-numbered years.
262	262	SECTION 5. Section 52.092, Election Code, is amended by
263	263	amending Subsection (a) and adding Subsections (f-1) and (f-2) to
264	264	read as follows:
265	265	(a) For an election at which offices regularly filled at the
266	266	general election for state and county officers, including the
267	267	nonpartisan judicial retention election, are to appear on the
268	268	ballot, the offices shall be listed in the following order:
269	269	(1) offices of the federal government;
270	270	(2) offices of the state government:
271	271	(A) statewide offices;
272	272	(B) district offices;
273	273	(3) offices of the county government:
274	274	(A) county offices;
275	275	(B) precinct offices.
276	276	(f-1) Nonpartisan statewide judicial retention election
277	277	offices shall be listed in the following order:
278	278	(1) chief justice, supreme court;
279	279	(2) justice, supreme court;
280	280	(3) presiding judge, court of criminal appeals;
281	281	(4) judge, court of criminal appeals;
282	282	(5) chief justice, court of appeals;
283	283	(6) justice, court of appeals.
284	284	(f-2) Any nonpartisan district judicial retention election
285	285	offices shall be listed in the following order:
286	286	(1) district judge;
287	287	(2) criminal district judge;
288	288	(3) family district judge.
289	289	SECTION 6. Section 145.003(b), Election Code, is amended to
290	290	read as follows:
291	291	(b) A candidate in the general election for state and county
292	292	officers, including the nonpartisan judicial retention election,
293	293	may be declared ineligible before the 30th day preceding election
294	294	day by:
295	295	(1) the party officer responsible for certifying the
296	296	candidate's name for placement on the general election ballot, in
297	297	the case of a candidate who is a political party's nominee; or
298	298	(2) the authority with whom the candidate's
299	299	application for a place on the ballot or declaration of candidacy is
300	300	required to be filed, in the case of an independent candidate or a
301	301	nonpartisan judicial candidate, as applicable.
302	302	SECTION 7. Section 145.005(a), Election Code, is amended to
303	303	read as follows:
304	304	(a) If the name of a deceased, withdrawn, or ineligible
305	305	candidate appears on the ballot [under this chapter], the votes
306	306	cast for the candidate shall be counted and entered on the official
307	307	election returns in the same manner as for the other candidates.
308	308	SECTION 8. Section 172.021(e), Election Code, is amended to
309	309	read as follows:
310	310	(e) A candidate for an office specified by Section
311	311	172.024(a)(9) [172.024(a)(8), (10), or (12),] or for justice of the
312	312	peace in a county with a population of more than 1.5 million, who
313	313	chooses to pay the filing fee must also accompany the application
314	314	with a petition for a place on the primary ballot as a candidate for
315	315	judicial office that complies with the requirements prescribed for
316	316	the petition authorized by Subsection (b), except that the minimum
317	317	number of signatures that must appear on the petition required by
318	318	this subsection is 250. If the candidate chooses to file the
319	319	petition authorized by Subsection (b) in lieu of the filing fee, the
320	320	minimum number of signatures required for that petition is
321	321	increased by 250. Signatures on a petition filed under this
322	322	subsection or Subsection (b) by a candidate covered by this
323	323	subsection may not be obtained on the grounds of a county courthouse
324	324	or courthouse annex.
325	325	SECTION 9. Section 172.024(a), Election Code, is amended to
326	326	read as follows:
327	327	(a) The filing fee for a candidate for nomination in the
328	328	general primary election is as follows:
329	329	(1) United States senator$5,000
330	330	(2) office elected statewide, except United States
331	331	senator, chief justice or justice of the supreme court, and
332	332	presiding judge or judge of the court of criminal appeals3,750
333	333	(3) United States representative3,125
334	334	(4) state senator1,250
335	335	(5) state representative750
336	336	(6) member, State Board of Education300
337	337	(7) [chief justice or justice, court of appeals, other
338	338	than a justice specified by Subdivision (8) 1,875
339	339	[(8) chief justice or justice of a court of appeals
340	340	that serves a court of appeals district in which a county with a
341	341	population of more than one million is wholly or partly situated
342	342	2,500
343	343	[(9)] district judge or judge specified by Section
344	344	52.092(d), who is not subject to a retention election and for which
345	345	this schedule does not otherwise prescribe a fee1,500
346	346	(8) [(10) district or criminal district judge of a
347	347	court in a judicial district wholly contained in a county with a
348	348	population of more than 1.5 million 2,500
349	349	[(11)] judge, statutory county court, other than a
350	350	judge specified by Subdivision (9) [(12)] 1,500
351	351	(9) [(12)] judge of a statutory county court in a
352	352	county with a population of more than 1.5 million2,500
353	353	(10) [(13)] district attorney, criminal district
354	354	attorney, or county attorney performing the duties of a district
355	355	attorney1,250
356	356	(11) [(14)] county commissioner, district clerk,
357	357	county clerk, sheriff, county tax assessor-collector, county
358	358	treasurer, or judge, constitutional county court:
359	359	(A) county with a population of 200,000 or
360	360	more1,250
361	361	(B) county with a population of under 200,000
362	362	750
363	363	(12) [(15)] justice of the peace or constable:
364	364	(A) county with a population of 200,000 or
365	365	more1,000
366	366	(B) county with a population of under 200,000
367	367	375
368	368	(13) [(16)] county surveyor75
369	369	(14) [(17)] office of the county government for which
370	370	this schedule does not otherwise prescribe a fee750
371	371	SECTION 10. Section 202.001, Election Code, is amended to
372	372	read as follows:
373	373	Sec. 202.001. APPLICABILITY OF CHAPTER. This chapter
374	374	applies to elective offices of the state and county governments
375	375	except the offices of:
376	376	(1) state senator and state representative;
377	377	(2) justice or judge of an appellate court; and
378	378	(3) judge of a district court who is subject to a
379	379	retention election.
380	380	SECTION 11. Section 172.021(g), Election Code, is repealed.
381	381	SECTION 12. (a) This section applies only to a judicial
382	382	office to which Title 15A, Election Code, as added by this Act,
383	383	applies.
384	384	(b) A justice or judge in office on the effective date of
385	385	this Act, unless otherwise removed as provided by law, continues in
386	386	office until completion of the term to which the justice or judge
387	387	was elected.
388	388	SECTION 13. This Act takes effect January 1, 2020, but only
389	389	if the constitutional amendment proposed by the 86th Legislature,
390	390	Regular Session, 2019, providing for appointments to fill vacancies
391	391	in the offices of the supreme court, court of criminal appeals,
392	392	courts of appeals, and certain district courts, for nonpartisan
393	393	retention elections every four years for those offices, and for the
394	394	creation of a judicial appointments advisory board is approved by
395	395	the voters. If that amendment is not approved by the voters, this
396	396	Act has no effect.