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."