By:  Cook                                             H.J.R. No. 92
       73R2283 RJA-D
                                  A JOINT RESOLUTION
    1-1  proposing a constitutional amendment authorizing the legislature to
    1-2  provide for the election of district judges by place.
    1-3        BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Article V, Section 7, of the Texas Constitution
    1-5  is amended to read as follows:
    1-6        Sec. 7.  (a)  The State shall be divided into judicial
    1-7  districts, with each district having one or more Judges as may be
    1-8  provided by law or by this Constitution.
    1-9        (b)  The Legislature may provide for the election of the
   1-10  Judges of the judicial districts by place.  Each point in the
   1-11  county shall be within the area of one place.  Each area of a place
   1-12  within a district shall be contiguous, and the places within a
   1-13  district shall be substantially equal in population, according to
   1-14  the most recent federal decennial census.  The Legislature shall
   1-15  redistrict the districts into places after the publication of each
   1-16  federal decennial census.  A Judge elected by place serves the
   1-17  entire judicial district.  Judges elected at the first general
   1-18  election following the initial drawing of places or following a
   1-19  redistricting of the county into places serve four-year terms
   1-20  beginning the next January 1 following the election, and the terms
   1-21  of the Judges serving in the judicial districts for which the
   1-22  places are drawn expire on the day preceding that date.  If an
   1-23  additional judicial district is created, the Judge for that
   1-24  judicial district, if elected, shall be elected from the entire
    2-1  district until the first general election following the next
    2-2  redistricting of that district into places.
    2-3        (c)  Each district judge shall be elected by the qualified
    2-4  voters at a General Election and shall be a citizen of the United
    2-5  States and of this State, who is licensed to practice law in this
    2-6  State and has been a practicing lawyer or a Judge of a Court in
    2-7  this State, or both combined, for four (4) years next preceding his
    2-8  election, who has resided in the district in which he was elected
    2-9  for two (2) years next preceding his election, and who shall reside
   2-10  in his district during his term of office and, except as provided
   2-11  by Subsection (b) of this Section, shall hold his office for the
   2-12  period of four (4) years, and who shall receive for his services an
   2-13  annual salary to be fixed by the Legislature.
   2-14        (d)  The Court shall conduct its proceedings at the county
   2-15  seat of the county in which the case is pending, except as
   2-16  otherwise provided by law.  He shall hold the regular terms of his
   2-17  Court at the County Seat of each County in his district in such
   2-18  manner as may be prescribed by law.  The Legislature shall have
   2-19  power by General or Special Laws to make such provisions concerning
   2-20  the terms or sessions of each Court as it may deem necessary.
   2-21        (e)  The Legislature shall also provide for the holding of
   2-22  District Court when the Judge thereof is absent, or is from any
   2-23  cause disabled or disqualified from presiding.
   2-24        SECTION 2.  Article V, Section 7a(i), of the Texas
   2-25  Constitution is amended to read as follows:
   2-26        (i)  The legislature, the Judicial Districts Board, or the
   2-27  Legislative Redistricting Board may not redistrict the judicial
    3-1  districts to provide for any judicial district smaller in size than
    3-2  an entire county except as provided by this section or by Section
    3-3  7(b) of this article.  Judicial districts smaller in size than the
    3-4  entire county may be created subsequent to a general election where
    3-5  a majority of the persons voting on the proposition adopt the
    3-6  proposition "to allow the division of __________ County into
    3-7  judicial districts composed of parts of __________ County."  No
    3-8  redistricting plan may be proposed or adopted by the legislature,
    3-9  the Judicial Districts Board, or the Legislative Redistricting
   3-10  Board in anticipation of a future action by the voters of any
   3-11  county.
   3-12        SECTION 3.  The following temporary provision is added to the
   3-13  Texas Constitution:
   3-14        TEMPORARY PROVISION.  (a)  This temporary provision applies
   3-15  to the constitutional amendment proposed by the 73rd Legislature,
   3-16  Regular Session, 1993, authorizing the legislature to provide for
   3-17  the election of district judges by place.
   3-18        (b)  The constitutional amendment takes effect January 1,
   3-19  1996.
   3-20        (c)  This temporary provision takes effect on the adoption of
   3-21  the amendment by the voters and expires January 1, 1997.
   3-22        SECTION 4.  This proposed constitutional amendment shall be
   3-23  submitted to the voters at an election to be held November 8, 1994.
   3-24  The ballot shall be printed to provide for voting for or against
   3-25  the proposition:  "The constitutional amendment authorizing the
   3-26  legislature to provide for election of district judges by place."