By: Landgraf H.B. No. 4504
A BILL TO BE ENTITLED
AN ACT
relating to the appointment of certain judicial offices, a board
for considering the qualification of applicants for judicial
office, and a nonpartisan election for the retention or rejection
of a person appointed to those offices.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle A, Title 2, Government Code, is amended
by adding Chapter 21A to read as follows:
CHAPTER 21A. JUDICIAL APPOINTMENTS ADVISORY BOARD
Sec. 21A.001. DEFINITIONS. In this chapter:
(1) "Board" means the judicial appointments advisory
board.
(2) "Majority party" means the political party with
the most members among the membership of the Texas House of
Representatives or the Texas Senate, as applicable.
(3) "Minority party" means the political party with
the second highest number of members among the membership of the
Texas House of Representatives or the Texas Senate, as applicable.
Sec. 21A.002. ADVISORY BOARD. (a) The judicial
appointments advisory board is composed of 11 members as follows:
(1) three members appointed by the majority party of the
house of representatives as follows:
(A) two members with the qualifications required
by Subsection (b); and
(B) one member with the qualifications required
by Subsection (c);
(2) two members appointed by the minority party of the
house of representatives as follows:
(A) one member with the qualifications required
by Subsection (b); and
(B) one member with the qualifications required
by Subsection (c);
(3) two members appointed by the majority party of the
senate as follows:
(A) one member with the qualifications required
by Subsection (b); and
(B) one member with the qualifications required
by Subsection (c);
(4) two members appointed by the minority party of the
senate as follows:
(A) one member with the qualifications required
by Subsection (b); and
(B) one member with the qualifications required
by Subsection (c);
(5) one member with the qualifications required by
Subsection (c), appointed by the chief justice of the supreme
court; and
(6) one member with the qualifications required by
Subsection (c), appointed by the presiding judge of the court of
criminal appeals.
(b) A member of the board who is subject to this subsection
must:
(1) be a citizen of the United States and a resident of
this state;
(2) be at least 35 years of age; and
(3) not be licensed to practice law.
(c) A member of the board who is subject to this subsection
must:
(1) be a citizen of the United States and a resident of
this state;
(2) be at least 35 years of age;
(3) be licensed to practice law in this state; and
(4) have practiced in this state as a lawyer or as a
judge of a court, or both combined, for at least seven years
preceding the date of the appointment.
(d) Appointments to the board shall be made without regard
to the race, color, disability, sex, religion, age, or national
origin of the appointee.
(e) The members of the board shall serve staggered six-year
terms, with the terms of approximately one-third of the members
expiring August 31 of each odd-numbered year.
(f) A person may not serve for more than 12 years on the
board.
(g) The board shall select a presiding officer and other
officers from its members.
Sec. 21A.003. DUTIES OF BOARD. (a) The board shall:
(1) review the academic credentials, substantive
experience in law, and reputation for competence, fairness, and
integrity of any person appointed to a judicial office to which
Section 28(b), Article V, Texas Constitution, applies; and
(2) advise the senate on whether the board believes
the appointee is "unqualified," "qualified," or "highly qualified"
to hold the office to which the person has been appointed.
(b) The board shall provide its assessment of an appointee's
qualifications to the lieutenant governor and the chair of the
senate committee with jurisdiction over gubernatorial
appointments:
(1) not later than the 30th day after the date a
regular session of the legislature begins, for a person who is
appointed before the regular session;
(2) not later than the 30th day after the date the
person is appointed, for a person who is appointed during a regular
session of the legislature on a date that is at least 60 days before
the date the session will end; or
(3) within a reasonable time required by the chair of
the senate committee with jurisdiction over gubernatorial
appointments for a person who is appointed:
(A) before or during a called session of the
legislature; or
(B) less than 60 days before the date the session
of the legislature will end.
Sec. 21A.004. EXPENSES. (a) A member of the board may not
receive compensation for service on the board but is entitled to
reimbursement for actual and necessary expenses incurred in
performing the duties of the board.
(b) The board, board officers, and board committees are
entitled to reimbursement for the actual and necessary clerical
expenses incurred in performing functions under this chapter.
Sec. 21A.005. REMOVAL OF BOARD MEMBERS. (a) It is a ground
for removal from the board that a member:
(1) does not have, at the time of taking office, or
does not maintain during service on the board, the required
qualifications;
(2) cannot, because of illness or disability,
discharge the member's duties for a substantial part of the member's
term;
(3) is absent from more than one-fourth of the
regularly scheduled board meetings that the member is eligible to
attend during a calendar year without an excuse approved by a
majority vote of the board; or
(4) is incompetent or inattentive to the member's
duties.
(b) The validity of an action of the board is not affected by
the fact that it is taken when a ground for removal of a board member
exists.
SECTION 2. The Election Code is amended by adding Title 15A
to read as follows:
TITLE 15A. NONPARTISAN JUDICIAL RETENTION ELECTIONS
CHAPTER 261. RETENTION ELECTION
Sec. 261.001. APPLICABILITY. This chapter applies only to
the following judicial offices:
(1) chief justice or justice of the supreme court;
(2) presiding judge or judge of the court of criminal
appeals;
(3) chief justice or justice of a court of appeals;
(4) district judge of a judicial district that
contains a county with a population of more than 500,000; and
(5) district judge of a judicial district in which the
voters of the district have voted to have district court judge
vacancies filled by appointment under Section 28(b), Article V,
Texas Constitution.
Sec. 261.002. VACANCY IN OFFICE. (a) In addition to the
provisions of Chapter 201, a vacancy in a judicial office to which
this chapter applies exists on January 1 of the year following the
year in which:
(1) a justice's or judge's 12-year term of office ends;
or
(2) a justice or judge:
(A) does not file a declaration of candidacy for
a retention election in accordance with Section 261.004;
(B) withdraws from a retention election; or
(C) receives less than a majority of the votes
cast on the question of retention at a retention election.
(b) A vacancy in an office to which this chapter applies is
filled under Section 28(b), Article V, Texas Constitution.
Sec. 261.003. TIMING OF RETENTION ELECTION. Each person
appointed to an office to which this chapter applies is subject to
retention or rejection by the voters at the nonpartisan judicial
retention election held in conjunction with the general election
for state and county officers during the fourth and eighth years of
the person's 12-year term.
Sec. 261.004. DECLARATION OF CANDIDACY. (a) Not later than
5 p.m. on June 1 preceding the nonpartisan judicial retention
election at which the justice or judge is subject to retention or
rejection, a justice or judge who seeks to continue to serve in that
office must file with the secretary of state a declaration of
candidacy to succeed to the next term.
(b) A declaration may not be filed earlier than the 30th day
before the date of the filing deadline. A declaration filed by mail
is considered to be filed at the time of its receipt by the
appropriate authority.
Sec. 261.005. WITHDRAWAL, DEATH, OR INELIGIBILITY. (a)
With respect to withdrawal, death, or ineligibility of a candidate
in a nonpartisan judicial retention election, this section
supersedes Subchapter A, Chapter 145, to the extent of any
conflict.
(b) A candidate may not withdraw from the retention election
after the 74th day before election day.
(c) A withdrawal request must be in writing and filed with
the secretary of state.
(d) A candidate's name shall be omitted from the retention
election ballot if the candidate withdraws, dies, or is declared
ineligible on or before the 74th day before election day.
(e) If a candidate who has made a declaration of candidacy
that complies with the applicable requirements dies or is declared
ineligible after the 74th day before election day, the candidate's
name shall be placed on the retention election ballot.
Sec. 261.006. CERTIFICATION OF NAMES FOR PLACEMENT ON
RETENTION ELECTION BALLOT. (a) Except as provided by Subsection
(c), the secretary of state shall certify in writing for placement
on the nonpartisan judicial retention election ballot the name of
each candidate who files with the secretary a declaration of
candidacy that complies with Section 261.004.
(b) Not later than the 68th day before election day, the
secretary of state shall deliver the certification to the authority
responsible for having the official ballot prepared in each county
in which the candidate's name is to appear on the ballot.
(c) A candidate's name may not be certified if, before
delivering the certification, the secretary of state learns that
the name is to be omitted from the ballot under Section 261.005.
Sec. 261.007. RETENTION ELECTION BALLOT. The name of the
person subject to retention or rejection shall be submitted to the
voters on the nonpartisan judicial retention election ballot
following the offices subject to election under the heading
"Retention of Nonpartisan Judicial Offices," in substantially the
following form:
"Shall (Justice or Judge)
be retained in office as (justice or judge) of the
(name of court) ?"
"Yes"
"No"
Sec. 261.008. GENERAL PROCEDURE FOR CONDUCT OF RETENTION
ELECTION. (a) Except as otherwise provided by this code, the
nonpartisan judicial retention election shall be conducted and the
results canvassed, tabulated, and reported in the manner applicable
to partisan offices in the general election for state and county
officers.
(b) A certificate of election shall be issued to a retained
officer in the same manner as provided for a candidate elected to an
office.
Sec. 261.009. WRITE-IN VOTING PROHIBITED. Write-in voting
is not permitted in a nonpartisan judicial retention election.
Sec. 261.010. APPLICABILITY OF OTHER PARTS OF CODE. The
other titles of this code apply to a nonpartisan judicial retention
election except provisions that are inconsistent with this title or
that cannot feasibly be applied in a retention election.
Sec. 261.011. ADDITIONAL PROCEDURES. The secretary of state
shall prescribe any additional procedures necessary for the orderly
and proper administration of elections held under this chapter.
Sec. 261.012. EFFECT OF RETENTION ELECTION. (a) If a
majority of the votes received on the question are for the retention
of the justice or judge, the person is entitled to continue the
person's term, unless the person becomes ineligible or is removed
as provided by law.
(b) If the name of a justice or judge appears on the
retention election ballot, although a vacancy has occurred in the
office pursuant to Chapter 201 or the justice or judge has withdrawn
from seeking retention, the retention election for that office has
no effect.
SECTION 3. Section 1.005, Election Code, is amended by
amending Subdivision (9) and adding Subdivisions (12-a) and (12-b)
to read as follows:
(9) "Independent candidate" means a candidate in a
nonpartisan election or a candidate in a partisan election who is
not the nominee of a political party. The term does not include a
nonpartisan judicial candidate.
(12-a) "Nonpartisan judicial candidate" means a
candidate in a nonpartisan judicial retention election.
(12-b) "Nonpartisan judicial retention election" means
an election held under Title 15A.
SECTION 4. Section 41.002, Election Code, is amended to
read as follows:
Sec. 41.002. GENERAL ELECTION FOR STATE AND COUNTY
OFFICERS. The general election for state and county officers,
including the nonpartisan judicial retention election, shall be
held on the first Tuesday after the first Monday in November in
even-numbered years.
SECTION 5. Section 52.092, Election Code, is amended by
amending Subsection (a) and adding Subsections (f-1) and (f-2) to
read as follows:
(a) For an election at which offices regularly filled at the
general election for state and county officers, including the
nonpartisan judicial retention election, 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.
(f-1) Nonpartisan statewide judicial retention election
offices shall be listed in the following order:
(1) chief justice, supreme court;
(2) justice, supreme court;
(3) presiding judge, court of criminal appeals;
(4) judge, court of criminal appeals;
(5) chief justice, court of appeals;
(6) justice, court of appeals.
(f-2) Any nonpartisan district judicial retention election
offices shall be listed in the following order:
(1) district judge;
(2) criminal district judge;
(3) family district judge.
SECTION 6. Section 145.003(b), Election Code, is amended to
read as follows:
(b) A candidate in the general election for state and county
officers, including the nonpartisan judicial retention election,
may be declared ineligible before the 30th day preceding election
day by:
(1) the party officer responsible for certifying the
candidate's name for placement on the general election ballot, in
the case of a candidate who is a political party's nominee; or
(2) the authority with whom the candidate's
application for a place on the ballot or declaration of candidacy is
required to be filed, in the case of an independent candidate or a
nonpartisan judicial candidate, as applicable.
SECTION 7. Section 145.005(a), Election Code, is amended to
read as follows:
(a) If the name of a deceased, withdrawn, or ineligible
candidate appears on the ballot [under this chapter], the votes
cast for the candidate shall be counted and entered on the official
election returns in the same manner as for the other candidates.
SECTION 8. Section 172.021(e), Election Code, is amended to
read as follows:
(e) A candidate for an office specified by Section
172.024(a)(9) [172.024(a)(8), (10), or (12),] or for justice of the
peace in a county with a population of more than 1.5 million, who
chooses to pay the filing fee must also accompany the application
with a petition for a place on the primary ballot as a candidate for
judicial office that complies with the requirements prescribed for
the petition authorized by Subsection (b), except that the minimum
number of signatures that must appear on the petition required by
this subsection is 250. If the candidate chooses to file the
petition authorized by Subsection (b) in lieu of the filing fee, the
minimum number of signatures required for that petition is
increased by 250. Signatures on a petition filed under this
subsection or Subsection (b) by a candidate covered by this
subsection may not be obtained on the grounds of a county courthouse
or courthouse annex.
SECTION 9. 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, chief justice or justice of the supreme court, and
presiding judge or judge of the court of criminal appeals3,750
(3) United States representative3,125
(4) state senator1,250
(5) state representative750
(6) member, State Board of Education300
(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 one million is wholly or partly situated
2,500
[(9)] district judge or judge specified by Section
52.092(d), who is not subject to a retention election and for which
this schedule does not otherwise prescribe a fee1,500
(8) [(10) district or criminal district judge of a
court in a judicial district wholly contained in a county with a
population of more than 1.5 million 2,500
[(11)] judge, statutory county court, other than a
judge specified by Subdivision (9) [(12)] 1,500
(9) [(12)] judge of a statutory county court in a
county with a population of more than 1.5 million2,500
(10) [(13)] district attorney, criminal district
attorney, or county attorney performing the duties of a district
attorney1,250
(11) [(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
more1,250
(B) county with a population of under 200,000
750
(12) [(15)] justice of the peace or constable:
(A) county with a population of 200,000 or
more1,000
(B) county with a population of under 200,000
375
(13) [(16)] county surveyor75
(14) [(17)] office of the county government for which
this schedule does not otherwise prescribe a fee750
SECTION 10. Section 202.001, Election Code, is amended to
read as follows:
Sec. 202.001. APPLICABILITY OF CHAPTER. This chapter
applies to elective offices of the state and county governments
except the offices of:
(1) state senator and state representative;
(2) justice or judge of an appellate court; and
(3) judge of a district court who is subject to a
retention election.
SECTION 11. Section 172.021(g), Election Code, is repealed.
SECTION 12. (a) This section applies only to a judicial
office to which Title 15A, Election Code, as added by this Act,
applies.
(b) A justice or judge in office on the effective date of
this Act, unless otherwise removed as provided by law, continues in
office until completion of the term to which the justice or judge
was elected.
SECTION 13. This Act takes effect January 1, 2020, but only
if the constitutional amendment proposed by the 86th Legislature,
Regular Session, 2019, providing for appointments to fill vacancies
in the offices of the supreme court, court of criminal appeals,
courts of appeals, and certain district courts, for nonpartisan
retention elections every four years for those offices, and for the
creation of a judicial appointments advisory board is approved by
the voters. If that amendment is not approved by the voters, this
Act has no effect.