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."