This section requires certain ballot offices to be listed in a set order and gives the secretary of state authority to place new offices on the ballot.
Sec. 52.092. OFFICES REGULARLY FILLED AT GENERAL ELECTION FOR STATE AND COUNTY OFFICERS. (a) Except as provided by Section 2.053(c), for an election at which offices regularly filled at the general election for state and county officers 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. (b) Offices of the federal government shall be listed in the following order: (1) president and vice-president of the United States; (2) United States senator; (3) United States representative. (c) Statewide offices of the state government shall be listed in the following order: (1) governor; (2) lieutenant governor; (3) attorney general; (4) comptroller of public accounts; (5) commissioner of the General Land Office; (6) commissioner of agriculture; (7) railroad commissioner; (8) chief justice, supreme court; (9) justice, supreme court; (10) presiding judge, court of criminal appeals; (11) judge, court of criminal appeals. (d) District offices of the state government shall be listed in the following order: (1) member, State Board of Education; (2) state senator; (3) state representative; (4) chief justice, court of appeals; (5) justice, court of appeals; (6) district judge; (7) criminal district judge; (8) family district judge; (9) district attorney; (10) criminal district attorney. (e) County offices shall be listed in the following order: (1) county judge; (2) judge, county court at law; (3) judge, county criminal court; (4) judge, county probate court; (5) county attorney; (6) district clerk; (7) district and county clerk; (8) county clerk; (9) sheriff; (10) sheriff and tax assessor-collector; (11) county tax assessor-collector; (12) county treasurer; (13) county school trustee (county with population of 3.3 million or more); (14) county surveyor. (f) Precinct offices shall be listed in the following order: (1) county commissioner; (2) justice of the peace; (3) constable. (g) If two or more offices having the same title except for a place number or other distinguishing number are to appear on the ballot, the number shall appear as part of the office title and the offices shall be listed in numerical order. (h) Repealed by Acts 2003, 78th Leg., ch. 693, Sec. 4. (i) The secretary of state shall designate the position of new offices on the ballot. (j) The office of judge of a multicounty statutory county court created under Subchapter D, Chapter 25, Government Code, is considered to be a county office for purposes of listing the office on the ballot and to be a district office for all other purposes under this code. Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended by Acts 1987, 70th Leg., ch. 54, Sec. 15(b), eff. Sept. 1, 1987; Acts 1991, 72nd Leg., ch. 746, Sec. 69, eff. Oct. 1, 1991; Acts 1997, 75th Leg., ch. 1423, Sec. 6.01, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 669, Sec. 14, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 693, Sec. 4, eff. Sept. 1, 2003. Amended by: Acts 2009, 81st Leg., R.S., Ch. 37 (H.B. 328), Sec. 2, eff. May 19, 2009. Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 5.32, eff. September 1, 2009. Acts 2021, 87th Leg., 2nd C.S., Ch. 1 (S.B. 1), Sec. 3.05, eff. December 2, 2021. Acts 2023, 88th Leg., R.S., Ch. 349 (S.B. 1089), Sec. 2, eff. September 1, 2023.