By: Alonzo H.B. No. 1787
73R6426 RJA-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the election of justices of the courts of appeals by
1-3 place.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter C, Chapter 22, Government Code, is
1-6 amended by adding Section 22.229 to read as follows:
1-7 Sec. 22.229. ELECTION FROM PLACES. (a) The justices of
1-8 each court of appeals district shall be elected by places within
1-9 the district as provided by law.
1-10 (b) Each court of appeals has a chief justice. A vacancy in
1-11 the office of chief justice shall be filled by the justice with the
1-12 greatest number of years of service on the court. A justice may
1-13 only accept or decline the office of chief justice in writing.
1-14 Justices of equal seniority shall determine by lot which justice
1-15 serves as chief justice. A justice who accepts the office of chief
1-16 justice serves as chief justice until declining the office or
1-17 leaving the court. A declination or acceptance takes effect when
1-18 filed with the clerk of the court. The clerk shall record a
1-19 declination or acceptance in the minutes of the court.
1-20 (c) The legislature shall draw the boundaries of the places
1-21 within each court of appeals district, designate the number of each
1-22 place within the district, and designate the sequence in which each
1-23 place in the district will appear on a ballot to be filled by
1-24 election by place. The number of places within a district is equal
2-1 to the number of justices provided by statute for the court of
2-2 appeals in that district. Each point within the district shall be
2-3 within the area of one place. If a justice is added to a court of
2-4 appeals, the justice shall be elected from the entire district
2-5 until the first general election following the next redistricting
2-6 of the district into places.
2-7 (d) Any election of a justice governed by Chapter 202,
2-8 Election Code, shall be an election by place.
2-9 (e) To be eligible to serve as justice, the person at the
2-10 time of election or appointment must reside within the boundary of
2-11 the court of appeals district and may, but need not, be a resident
2-12 of the area of the place for which the office is filled.
2-13 (f) For purposes of the Election Code, each election by
2-14 place of a justice is considered to be an election of a district
2-15 office filled by the voters of more than one county.
2-16 (g) A justice elected to a place shall serve on the same
2-17 court of appeals as the justice he or she immediately succeeds.
2-18 (h) Places within a court of appeals district shall be
2-19 filled by election by place in ascending numerical order from the
2-20 smallest numbered to the largest numbered place.
2-21 SECTION 2. Section 22.216, Government Code, is amended to
2-22 read as follows:
2-23 Sec. 22.216. Membership. (a) The Court of Appeals for the
2-24 First Court of Appeals District consists of nine <a chief justice
2-25 and eight> justices.
2-26 (b) The Court of Appeals for the Second Court of Appeals
2-27 District consists of seven <a chief justice and six> justices.
3-1 (c) The Court of Appeals for the Third Court of Appeals
3-2 District consists of six <a chief justice and five> justices.
3-3 (d) The Court of Appeals for the Fourth Court of Appeals
3-4 District consists of seven <a chief justice and six> justices.
3-5 (e) The Court of Appeals for the Fifth Court of Appeals
3-6 District consists of 13 <a chief justice and 12> justices.
3-7 (f) The Court of Appeals for the Sixth Court of Appeals
3-8 District consists of three <a chief justice and two> justices.
3-9 (g) The Court of Appeals for the Seventh Court of Appeals
3-10 District consists of four <a chief justice and three> justices.
3-11 (h) The Court of Appeals for the Eighth Court of Appeals
3-12 District consists of four <a chief justice and three> justices.
3-13 (i) The Court of Appeals for the Ninth Court of Appeals
3-14 District consists of three <a chief justice and two> justices.
3-15 (j) The Court of Appeals for the Tenth Court of Appeals
3-16 District consists of three <a chief justice and two> justices.
3-17 (k) The Court of Appeals for the Eleventh Court of Appeals
3-18 District consists of three <a chief justice and two> justices.
3-19 (l) The Court of Appeals for the Twelfth Court of Appeals
3-20 District consists of three <a chief justice and two> justices.
3-21 (m) The Court of Appeals for the Thirteenth Court of Appeals
3-22 District consists of six <a chief justice and five> justices.
3-23 (n) The Court of Appeals for the Fourteenth Court of Appeals
3-24 District consists of nine <a chief justice and eight> justices.
3-25 (o) A justice in each court of appeals district serves as
3-26 chief justice for that court as provided by Section 22.229.
3-27 SECTION 3. Section 22.203, Government Code, is amended to
4-1 read as follows:
4-2 Sec. 22.203. Second Court of Appeals. (a) The Court of
4-3 Appeals for the Second Court of Appeals District shall be held in
4-4 the City of Fort Worth.
4-5 (b) The court may transact its business in any county in the
4-6 district as the court determines is necessary or convenient.
4-7 <(c) The Court of Appeals for the Second Court of Appeals
4-8 District is composed of a chief justice and of six justices holding
4-9 places numbered consecutively beginning with Place 2.>
4-10 <(d) The designation of offices and places under this
4-11 section identifies the offices and places for all purposes,
4-12 including identification on official ballots for primary and
4-13 general elections notwithstanding Section 52.092, Election Code.>
4-14 <(e) A vacancy in the office of justice or chief justice of
4-15 the Court of Appeals for the Second Court of Appeals District shall
4-16 be filled by designation of office and, in the case of a justice,
4-17 by designation of place.>
4-18 <(f) The court by a majority vote of its members shall
4-19 promulgate rules establishing a seniority system to determine which
4-20 office and place is held by each member of the court. The chief
4-21 justice shall file the names and place numbers of the court members
4-22 with the secretary of state and the clerk of the court.>
4-23 <(g) If any additional offices of justices of the court are
4-24 created, the designation for those offices shall be in consecutive
4-25 numerical order beginning with Place 8. If two or more offices of
4-26 justice are created to take effect the same date, and the
4-27 legislature does not specify places for those offices, the court
5-1 shall by rule determine places for each office. If the court does
5-2 not determine places before a person is appointed or elected to
5-3 fill the initial vacancy, the places are determined by the
5-4 seniority system established as provided by Subsection (f).>
5-5 SECTION 4. Section 52.092(d), Election Code, is amended to
5-6 read as follows:
5-7 (d) District offices of the state government shall be listed
5-8 in the following order:
5-9 (1) member, State Board of Education;
5-10 (2) state senator;
5-11 (3) state representative;
5-12 (4) <chief justice, court of appeals;>
5-13 <(5)> justice, court of appeals;
5-14 (5) <(6)> district judge;
5-15 (6) <(7)> criminal district judge;
5-16 (7) <(8)> family district judge;
5-17 (8) <(9)> district attorney;
5-18 (9) <(10)> criminal district attorney.
5-19 SECTION 5. A person serving as chief justice of a court of
5-20 appeals on the effective date of this Act continues to serve as
5-21 chief justice until the person declines the office of chief justice
5-22 in writing or vacates the office of justice of the court of
5-23 appeals.
5-24 SECTION 6. The importance of this legislation and the
5-25 crowded condition of the calendars in both houses create an
5-26 emergency and an imperative public necessity that the
5-27 constitutional rule requiring bills to be read on three several
6-1 days in each house be suspended, and this rule is hereby suspended,
6-2 and that this Act take effect and be in force from and after its
6-3 passage, and it is so enacted.