By: Alonzo H.J.R. No. 79
73R6047 RJA-D
A JOINT RESOLUTION
1-1 proposing a constitutional amendment providing for the election of
1-2 justices to the supreme court from single-member districts.
1-3 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Article V, Section 2, of the Texas Constitution
1-5 is amended to read as follows:
1-6 Sec. 2. (a) The Supreme Court shall consist of nine <the
1-7 Chief Justice and eight> Justices, any five of whom shall
1-8 constitute a quorum, and the concurrence of five shall be necessary
1-9 to a decision of a case; provided, that when the business of the
1-10 court may require, the court may sit in sections as designated by
1-11 the court to hear argument of causes and to consider applications
1-12 for writs of error or other preliminary matters.
1-13 (b) No person shall be eligible to serve in the office of
1-14 <Chief Justice or> Justice of the Supreme Court unless the person
1-15 is licensed to practice law in this state and is, at the time of
1-16 election or appointment, a citizen of the United States and a
1-17 resident of this state, and has attained the age of thirty-five
1-18 years, and has been a practicing lawyer, or a lawyer and judge of a
1-19 court of record together at least ten years. To be eligible to
1-20 serve as a Justice of the Supreme Court, a person must be, at the
1-21 time of election or appointment, a resident of the district from
1-22 which the office is filled. If a Justice does not maintain
1-23 residence in the district during the Justice's term of office, a
1-24 vacancy occurs.
2-1 (c) The Justices shall select one Justice to serve as Chief
2-2 Justice for a two-year term. A new term begins each time the
2-3 regular term of a Justice begins.
2-4 (d) The Justices shall be elected from single-member
2-5 districts at the general election and shall serve staggered
2-6 six-year terms or until their successors have qualified.
2-7 (e) The Supreme Court districts shall be contiguous and
2-8 shall be substantially equal in population, according to the most
2-9 recent federal decennial census. The Legislature shall redistrict
2-10 the state after the publication of each federal decennial census.
2-11 At the first general election following the decennial
2-12 redistricting, Justices shall be elected from all districts, and
2-13 after taking office they shall draw lots so that three of them
2-14 serve six-year terms, three serve four-year terms, and three serve
2-15 two-year terms.
2-16 (f) Each Justice <Said Justices shall be elected (three of
2-17 them each two years) by the qualified voters of the state at a
2-18 general election; shall hold their offices six years, or until
2-19 their successors are elected and qualified; and> shall <each>
2-20 receive such compensation as shall be provided by law.
2-21 (g) In case of a vacancy in the office of <the Chief Justice
2-22 or> any Justice of the Supreme Court, the Governor shall fill the
2-23 vacancy with the advice and consent of the Senate as provided by
2-24 Article IV, Section 12, and Article V, Section 28, of this
2-25 Constitution until the next general election <for state officers>,
2-26 and at such general election the vacancy for the unexpired term
2-27 shall be filled by election by the qualified voters of the district
3-1 <state>. <The Justices of the Supreme Court who may be in office
3-2 at the time this amendment takes effect shall continue in office
3-3 until the expiration of their term of office under the present
3-4 Constitution, and until their successors are elected and
3-5 qualified.>
3-6 SECTION 2. The following temporary provision is added to the
3-7 Texas Constitution:
3-8 Temporary Provision. (a) This temporary provision applies
3-9 to the constitutional amendment proposed by the 73rd Legislature,
3-10 Regular Session, 1993, providing for the election of justices to
3-11 the supreme court from single-member districts.
3-12 (b) The constitutional amendment takes effect January 1,
3-13 1996. However, the legislature shall draw the appropriate
3-14 districts before that date to implement the amendment.
3-15 (c) The terms of the chief justice and the eight justices of
3-16 the supreme court expire January 1, 1997, regardless of the length
3-17 of term being served. The holding of one of those offices does not
3-18 disqualify a justice from being a candidate for nomination or for
3-19 election to the office of justice of the supreme court from the
3-20 district in which the person resides. The nine justices of the
3-21 supreme court elected for terms beginning January 1, 1997, serve
3-22 six-year terms expiring January 1, 2003. The staggering of terms
3-23 provided by the amendment begins with the justices elected pursuant
3-24 to the first reapportionment of each court after the publication of
3-25 the federal census in 2000.
3-26 (d) This temporary provision expires January 2, 1997.
3-27 SECTION 3. This proposed constitutional amendment shall be
4-1 submitted to the voters at an election to be held November 2, 1993.
4-2 The ballot shall be printed to provide for voting for or against
4-3 the proposition: "The constitutional amendment providing for the
4-4 election of justices to the supreme court from single-member
4-5 districts."