Bill Text: TX HB4504 | 2019-2020 | 86th Legislature | Introduced
Bill Title: 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.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-04-15 - Left pending in committee [HB4504 Detail]
Download: Texas-2019-HB4504-Introduced.html
By: Landgraf | H.B. No. 4504 |
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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 [ |
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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) [ |
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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) [ |
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52.092(d), who is not subject to a retention election and for which | ||
this schedule does not otherwise prescribe a fee1,500 | ||
(8) [ |
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judge specified by Subdivision (9) [ |
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(9) [ |
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county with a population of more than 1.5 million2,500 | ||
(10) [ |
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attorney, or county attorney performing the duties of a district | ||
attorney1,250 | ||
(11) [ |
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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) [ |
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(A) county with a population of 200,000 or | ||
more1,000 | ||
(B) county with a population of under 200,000 | ||
375 | ||
(13) [ |
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(14) [ |
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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. |