HBA-KMH H.J.R. 28 76(R) BILL ANALYSIS Office of House Bill AnalysisH.J.R. 28 By: Gallego Judicial Affairs 2/23/1999 Introduced BACKGROUND AND PURPOSE The Code of Judicial Conduct (code) requires a judge to "resign from judicial office upon becoming a candidate in a contested election for a non-judicial office either in a primary or in a general or in a special election." The code allows a judge to "continue to hold judicial office while being a candidate for election to or serving as a delegate in a state constitutional convention or while being a candidate for election to any judicial office." The Texas Supreme Court may amend the code at its discretion. H.J.R. 28 requires submission to the voters a of a constitutional amendment requiring a district judge to vacate the office of district judge while participating as a candidate for any other office than that of a district judge. 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 district judge vacates the office of district judge upon announcing candidacy or otherwise becoming a candidate in any general, special, or primary election for any office of profit or trust under the laws of this state or the United States, other than the office of district judge, as of the date of the announcement or candidacy. Provides that a vacancy created under this section is filled in the same manner as other vacancies in the office of district judge. SECTION 2. Requires this proposed constitutional amendment to be submitted to the voters at an election to be held November 2, 1999. Sets forth the required language for the ballot.