HBA-KMH H.J.R. 90 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.J.R. 90
By: Gallego
Judicial Affairs
4/22/1999
Introduced



BACKGROUND AND PURPOSE 

The Texas Supreme Court recently revamped its Code of Judicial Conduct.
The court specifically addressed the issue of judges partaking in
inappropriate political activity.  As judges announce their candidacy for
any nonjudicial office, it has become increasingly important that judges,
as they express their opinions on given topics, refrain from suggesting
probable decisions on judicial matters.  While the rule is in place now,
the court may change the rule later.  Thus, this bill intends to preclude
any inappropriate activity on the part of judges that become candidates for
nonjudicial offices. 

As proposed, H.J.R. 90 requires the submission to the voters of a
constitutional amendment to require judges to vacate their judicial office
upon announcing their candidacy in an election for a nonjudicial office,
either in a primary, general, or special election.  If passed this bill
would not apply to judges who serve as delegates in state constitutional
conventions or if they are candidates for another judicial office. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Article V, Texas Constitution, by adding Section 7b, as
follows: 

Sec.  7b.  Provides that a person holding a judicial office who announces
that person's candidacy or otherwise becomes a candidate in a contested
primary, general, or special election for any office of profit or trust
under the laws of this state or the United States, other than another
judicial office, vacates the judicial office that the person holds on the
date of announcement or candidacy.  Authorizes a person to continue to hold
judicial office while being a candidate for election to or serving as a
candidate for election to any judicial office. Provides that a vacancy
created under this section is filled according to the procedure established
for the vacated office. 

SECTION 2.  Requires this constitutional amendment to be submitted to the
voters at an election to be held on November 2, 1999.  Sets forth the
required language for the ballot.