By:  Alonzo                                           H.J.R. No. 83
       73R2190 RJA-D
                                  A JOINT RESOLUTION
    1-1  proposing a constitutional amendment authorizing the legislature to
    1-2  provide for the election of justices to the courts of appeals from
    1-3  single-member or multimember districts.
    1-4        BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Article V, Section 6, of the Texas Constitution
    1-6  is amended to read as follows:
    1-7        Sec. 6.  (a)  The state shall be divided into courts of
    1-8  appeals districts, with each district having a Chief Justice, two
    1-9  or more other Justices, and such other officials as may be provided
   1-10  by law.  The Justices shall have the qualifications prescribed for
   1-11  Justices of the Supreme Court.  The Court of Appeals may sit in
   1-12  sections as authorized by law.  The concurrence of a majority of
   1-13  the judges sitting in a section is necessary to decide a case.
   1-14  Said Court of Appeals shall have appellate jurisdiction
   1-15  co-extensive with the limits of their respective districts, which
   1-16  shall extend to all cases of which the District Courts or County
   1-17  Courts have original or appellate jurisdiction, under such
   1-18  restrictions and regulations as may be prescribed by law.
   1-19  Provided, that the decision of said courts shall be conclusive on
   1-20  all questions of fact brought before them on appeal or error.  Said
   1-21  courts shall have such other jurisdiction, original and appellate,
   1-22  as may be prescribed by law.
   1-23        Each of said Courts of Appeals shall hold its sessions at a
   1-24  place in its district to be designated by the Legislature, and at
    2-1  such time as may be prescribed by law.
    2-2        (b)  Except as provided by Subsection (e) of this section,
    2-3  the <Said> Justices shall be elected by the qualified voters of
    2-4  their respective districts at the <a> general election for state
    2-5  and county officers.
    2-6        (c)  The Justices shall serve terms<, for a term> of six
    2-7  years and shall receive for their services the sum provided by law.
    2-8  Each Court of Appeals shall appoint a clerk in the same manner as
    2-9  the clerk of the Supreme Court which clerk shall receive such
   2-10  compensation as may be fixed by law.
   2-11        (d)  All constitutional and statutory references to the
   2-12  Courts of Civil Appeals shall be construed to mean the Courts of
   2-13  Appeals.
   2-14        (e)  The Legislature may provide for the election of the
   2-15  Chief Justice and Justices to any of the Courts of Appeals from
   2-16  either single-member or multimember districts.  To be eligible to
   2-17  serve as a Justice from a Court of Appeals district, a person must
   2-18  be, at the time of election or appointment, a resident of the
   2-19  district from which the office is filled.  If a Justice does not
   2-20  maintain residence in the district during the Justice's term of
   2-21  office, a vacancy occurs.  The Court of Appeals districts shall be
   2-22  contiguous and shall be substantially equal in population,
   2-23  according to the most recent federal decennial census.  The
   2-24  Legislature shall redistrict the Court of Appeals districts after
   2-25  the publication of each federal decennial census.
   2-26        (f)  A vacancy in the office of the Chief Justice or a
   2-27  Justice of a Court of Appeals is filled by appointment by the
    3-1  Governor with the advice and consent of the Senate as provided by
    3-2  Article IV, Section 12, and Article V, Section 28, of this
    3-3  constitution.
    3-4        SECTION 2.  The following temporary provision is added to the
    3-5  Texas Constitution:
    3-6        Temporary Provision.  (a)  The constitutional amendment
    3-7  proposed by the 73rd Legislature, Regular Session, 1993,
    3-8  authorizing the legislature to provide for the election of justices
    3-9  to the courts of appeals from single-member or multimember
   3-10  districts takes effect January 1, 1996.
   3-11        (b)  This temporary provision expires January 2, 1997.
   3-12        SECTION 3.  This proposed constitutional amendment shall be
   3-13  submitted to the voters at an election to be held November 8, 1994.
   3-14  The ballot shall be printed to provide for voting for or against
   3-15  the proposition:  "The constitutional amendment authorizing the
   3-16  legislature to provide for the election of justices to the courts
   3-17  of appeals from single-member or multimember districts."