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."