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.