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.