By: Smithee H.J.R. No. 97
73R2312 RJA-D
A JOINT RESOLUTION
1-1 proposing a constitutional amendment relating to creating a single
1-2 court of last resort.
1-3 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Article I, Section 11a, of the Texas Constitution
1-5 is amended to read as follows:
1-6 Sec. 11a. Any person (1) accused of a felony less than
1-7 capital in this State, who has been theretofore twice convicted of
1-8 a felony, the second conviction being subsequent to the first, both
1-9 in point of time of commission of the offense and conviction
1-10 therefor, (2) accused of a felony less than capital in this State,
1-11 committed while on bail for a prior felony for which he has been
1-12 indicted, or (3) accused of a felony less than capital in this
1-13 State involving the use of a deadly weapon after being convicted of
1-14 a prior felony, after a hearing, and upon evidence substantially
1-15 showing the guilt of the accused of the offense in (1) or (3) above
1-16 or of the offense committed while on bail in (2) above, may be
1-17 denied bail pending trial, by a district judge in this State, if
1-18 said order denying bail pending trial is issued within seven
1-19 calendar days subsequent to the time of incarceration of the
1-20 accused; provided, however, that if the accused is not accorded a
1-21 trial upon the accusation under (1) or (3) above or the accusation
1-22 and indictment used under (2) above within sixty (60) days from the
1-23 time of his incarceration upon the accusation, the order denying
1-24 bail shall be automatically set aside, unless a continuance is
2-1 obtained upon the motion or request of the accused; provided,
2-2 further, that the right of appeal to the Supreme Court <of Criminal
2-3 Appeals> of this State is expressly accorded the accused for a
2-4 review of any judgment or order made hereunder, and said appeal
2-5 shall be given preference by the Supreme Court <of Criminal
2-6 Appeals>.
2-7 SECTION 2. Article V, Section 1, of the Texas Constitution
2-8 is amended to read as follows:
2-9 Sec. 1. The judicial power of this State shall be vested in
2-10 one Supreme Court, <in one Court of Criminal Appeals,> in Courts of
2-11 Appeals, in District Courts, in County Courts, in Commissioners
2-12 Courts, in Courts of Justices of the Peace, and in such other
2-13 courts as may be provided by law.
2-14 The Legislature may establish such other courts as it may
2-15 deem necessary and prescribe the jurisdiction and organization
2-16 thereof, and may conform the jurisdiction of the district and other
2-17 inferior courts thereto.
2-18 All constitutional and statutory references to the Court of
2-19 Criminal Appeals shall be construed to mean the Supreme Court.
2-20 SECTION 3. Article V, Section 1-a(8), of the Texas
2-21 Constitution is amended to read as follows:
2-22 (8) After such investigation as it deems necessary, the
2-23 Commission may in its discretion issue a private or public
2-24 admonition, warning, reprimand, or requirement that the person
2-25 obtain additional training or education, or if the Commission
2-26 determines that the situation merits such action, it may institute
2-27 formal proceedings and order a formal hearing to be held before it
3-1 concerning the public censure, removal, or retirement of a person
3-2 holding an office or position specified in Subsection (6) of this
3-3 Section, or it may in its discretion request the Supreme Court to
3-4 appoint an active or retired District Judge or Justice of a Court
3-5 of Appeals, or retired <Judge or> Justice of the <Court of Criminal
3-6 Appeals or the> Supreme Court, as a Master to hear and take
3-7 evidence in any such matter, and to report thereon to the
3-8 Commission. The Master shall have all the power of a District
3-9 Judge in the enforcement of orders pertaining to witnesses,
3-10 evidence, and procedure. If, after formal hearing, or after
3-11 considering the record and report of a Master, the Commission finds
3-12 good cause therefor, it shall issue an order of public censure or
3-13 it shall recommend to a review tribunal the removal or retirement,
3-14 as the case may be, of the person in question holding an office or
3-15 position specified in Subsection (6) of this Section and shall
3-16 thereupon file with the tribunal the entire record before the
3-17 Commission.
3-18 SECTION 4. Article V, Section 2, of the Texas Constitution
3-19 is amended to read as follows:
3-20 Sec. 2. The Supreme Court shall consist of the Chief Justice
3-21 and fourteen <eight> Justices, with seven Justices in the criminal
3-22 division and seven Justices in the civil division. A Justice shall
3-23 be elected to fill a designated place on either the civil or the
3-24 criminal division. Four of the Justices in a division <any five of
3-25 whom> shall constitute a quorum of the division, and the
3-26 concurrence of four <five> shall be necessary to a decision of a
3-27 case by a division<; provided, that when the business of the court
4-1 may require, the court may sit in sections as designated by the
4-2 court to hear argument of causes and to consider applications for
4-3 writs of error or other preliminary matters>. The Chief Justice
4-4 may sit on either division in appropriate circumstances, as
4-5 provided by rule of the court. No person shall be eligible to
4-6 serve in the office of Chief Justice or Justice of the Supreme
4-7 Court unless the person is licensed to practice law in this state
4-8 and is, at the time of election, a citizen of the United States and
4-9 of this state, and has attained the age of thirty-five years, and
4-10 has been a practicing lawyer, or a lawyer and judge of a court of
4-11 record together at least ten years. Said Justices shall be elected
4-12 (five <three> of them each two years) by the qualified voters of
4-13 the state at a general election; shall hold their offices six
4-14 years, or until their successors are elected and qualified; and
4-15 shall each receive such compensation as shall be provided by law.
4-16 In case of a vacancy in the office of the Chief Justice or any
4-17 Justice of the Supreme Court, the Governor shall fill the vacancy
4-18 with the advice and consent of the Senate as provided by Article
4-19 IV, Section 12, and Article V, Section 28, of this Constitution
4-20 until the next general election for state officers, and at such
4-21 general election the vacancy for the unexpired term shall be filled
4-22 by election by the qualified voters of the state. <The Justices of
4-23 the Supreme Court who may be in office at the time this amendment
4-24 takes effect shall continue in office until the expiration of their
4-25 term of office under the present Constitution, and until their
4-26 successors are elected and qualified.>
4-27 SECTION 5. Article V, Section 3, of the Texas Constitution
5-1 is amended to read as follows:
5-2 Sec. 3. The Supreme Court shall exercise the judicial power
5-3 of the state except as otherwise provided in this Constitution.
5-4 Its jurisdiction shall be coextensive with the limits of the State
5-5 and its determinations shall be final <except in criminal law
5-6 matters>. Its appellate jurisdiction shall be final and shall
5-7 extend to all cases except <in criminal law matters and> as
5-8 otherwise provided in this Constitution or by law. The appeal of
5-9 all cases in which the death penalty has been assessed shall be to
5-10 the Supreme Court. The appeal of all other criminal cases shall be
5-11 to the Courts of Appeal as prescribed by law. In addition, the
5-12 Supreme Court may, on its own motion, review a decision of a Court
5-13 of Appeals in a criminal case as provided by law. Discretionary
5-14 review by the Supreme Court is not a matter of right, but of sound
5-15 judicial discretion. The Supreme Court and the Justices thereof
5-16 shall have power to issue writs of habeas corpus, as may be
5-17 prescribed by law, and under such regulations as may be prescribed
5-18 by law, the said courts and the Justices thereof may issue the
5-19 writs of mandamus, procedendo, certiorari and such other writs, as
5-20 may be necessary to enforce its jurisdiction. The Legislature may
5-21 confer original jurisdiction on the Supreme Court to issue writs of
5-22 quo warranto and mandamus in such cases as may be specified, except
5-23 as against the Governor of the State.
5-24 The Supreme Court shall also have power, upon affidavit or
5-25 otherwise as by the court may be determined, to ascertain such
5-26 matters of fact as may be necessary to the proper exercise of its
5-27 jurisdiction.
6-1 The Supreme Court shall appoint a clerk, who shall give bond
6-2 in such manner as is now or may hereafter, be required by law, and
6-3 he may hold his office for four years and shall be subject to
6-4 removal by said court for good cause entered of record on the
6-5 minutes of said court who shall receive such compensation as the
6-6 Legislature may provide.
6-7 SECTION 6. Article V, Section 3-c, of the Texas Constitution
6-8 is amended to read as follows:
6-9 Sec. 3-c. (a) The supreme court has <and the court of
6-10 criminal appeals have> jurisdiction to answer questions of state
6-11 law certified from a federal appellate court.
6-12 (b) The supreme court <and the court of criminal appeals>
6-13 shall promulgate rules of procedure relating to the review of those
6-14 questions.
6-15 SECTION 7. Article V, Sections 4 and 5, of the Texas
6-16 Constitution are repealed.
6-17 SECTION 8. Article V, Section 7a(b), of the Texas
6-18 Constitution is amended to read as follows:
6-19 (b) The membership of the board consists of the Chief
6-20 Justice of the Texas Supreme Court who serves as chairman, <the
6-21 presiding judge of the Texas Court of Criminal Appeals,> the
6-22 presiding judge of each of the administrative judicial districts of
6-23 the state, the president of the Texas Judicial Council, and one
6-24 person who is licensed to practice law in this state appointed by
6-25 the governor with the advice and consent of the senate for a term
6-26 of four years. In the event of a vacancy in the appointed
6-27 membership, the vacancy is filled for the unexpired term in the
7-1 same manner as the original appointment.
7-2 SECTION 9. Article V, Section 11, of the Texas Constitution
7-3 is amended to read as follows:
7-4 Sec. 11. No judge shall sit in any case wherein he may be
7-5 interested, or where either of the parties may be connected with
7-6 him, either by affinity or consanguinity, within such a degree as
7-7 may be prescribed by law, or when he shall have been counsel in the
7-8 case. When the Supreme Court, <the Court of Criminal Appeals,> the
7-9 Court of <Civil> Appeals, or any member of either, shall be thus
7-10 disqualified to hear and determine any case or cases in said court,
7-11 the same shall be certified to the Governor of the State, who shall
7-12 immediately commission the requisite number of persons learned in
7-13 the law for the trial and determination of such cause or causes.
7-14 When a judge of the District Court is disqualified by any of the
7-15 causes above stated, the parties may, by consent, appoint a proper
7-16 person to try said case; or upon their failing to do so, a
7-17 competent person may be appointed to try the same in the county
7-18 where it is pending, in such manner as may be prescribed by law.
7-19 And the District Judges may exchange districts, or hold
7-20 courts for each other when they may deem it expedient, and shall do
7-21 so when required by law. This disqualification of judges of
7-22 inferior tribunals shall be remedied and vacancies in their offices
7-23 filled as may be prescribed by law.
7-24 SECTION 10. Article V, Section 28, of the Texas Constitution
7-25 is amended to read as follows:
7-26 Sec. 28. Vacancies in the office of judges of the Supreme
7-27 Court, <the Court of Criminal Appeals,> the Court of <Civil>
8-1 Appeals and the District Courts shall be filled by the Governor
8-2 until the next succeeding General Election; and vacancies in the
8-3 office of County Judge and Justices of the Peace shall be filled by
8-4 the Commissioners Court until the next succeeding General Election.
8-5 SECTION 11. Article V, Section 31(c), of the Texas
8-6 Constitution is amended to read as follows:
8-7 (c) The legislature may delegate to the Supreme Court <or
8-8 Court of Criminal Appeals> the power to promulgate such other rules
8-9 as may be prescribed by law or this Constitution, subject to such
8-10 limitations and procedures as may be provided by law.
8-11 SECTION 12. The following temporary provision is added to
8-12 Article V of the Texas Constitution:
8-13 TEMPORARY PROVISION. (a) This temporary provision applies
8-14 to the constitutional amendment proposed by the 73rd Legislature,
8-15 Regular Session, 1993, combining the supreme court and the court of
8-16 criminal appeals into a single court of last resort, and expires
8-17 January 1, 2003.
8-18 (b) Unless otherwise removed from office, the chief justice
8-19 of the supreme court in office on the effective date of this
8-20 amendment continues to serve as chief justice for the term to which
8-21 elected.
8-22 (c) Unless otherwise removed from office, the justices of
8-23 the supreme court in office on the effective date of this amendment
8-24 serve as justices in the civil division of the supreme court for
8-25 the term to which elected.
8-26 (d) Unless otherwise removed from office, the presiding
8-27 judge of the court of criminal appeals and the judges of the court
9-1 of criminal appeals on the effective date of this amendment serve
9-2 as justices in the criminal division of the supreme court for the
9-3 term to which elected as presiding judge and judges of the court of
9-4 criminal appeals.
9-5 (e) Because of the requirements of this temporary provision,
9-6 the supreme court temporarily may consist of more than a chief
9-7 justice and 14 justices. A vacancy in the office of a justice of
9-8 the supreme court may not be filled unless failure to fill the
9-9 vacancy would result in fewer than seven justices in a division of
9-10 the supreme court. A vacancy filled after the court has been
9-11 reduced to a chief justice and seven justices in each division is
9-12 filled in the manner provided by Article V, Section 2, of this
9-13 constitution. A chief justice or justice elected to a vacancy
9-14 after the court has been reduced to a chief justice and 14 justices
9-15 shall draw lots for terms if necessary to maintain the staggering
9-16 of terms required by Article V, Section 2, of this constitution.
9-17 (f) To effect the staggered terms required under Article V,
9-18 Section 2, of this constitution, the voters of this state shall
9-19 elect a chief justice and justices of the supreme court in
9-20 accordance with this subsection. This subsection does not affect
9-21 an election to fill a vacancy for an unexpired term. At the
9-22 general election held in 1994, the voters shall elect three
9-23 justices to the civil division and two justices to the criminal
9-24 division to serve six-year terms and one justice to the criminal
9-25 division to serve a four-year term. The justices elected at that
9-26 election to the criminal division shall draw lots to determine who
9-27 serves the four-year term. At the general election held in 1996
10-1 and each sixth year thereafter, the voters shall elect the chief
10-2 justice, two justices to the civil division, and two justices to
10-3 the criminal division to serve six-year terms. At the general
10-4 election held in 1998 and each sixth year thereafter, the voters
10-5 shall elect two justices to the civil division and three justices
10-6 to the criminal division to serve six-year terms. At the general
10-7 election held in 2000 and each sixth year thereafter, the voters
10-8 shall elect three justices to the civil division and two justices
10-9 to the criminal division to serve six-year terms.
10-10 (g) A rule adopted by the court of criminal appeals under
10-11 the authority of Article V, Section 31(c), of this constitution
10-12 before the effective date of this amendment is valid until January
10-13 1, 1996, as a rule of the supreme court adopted under that section
10-14 and continues in effect until that date unless modified or repealed
10-15 by the supreme court.
10-16 (h) Notwithstanding the requirements of Article V, Section
10-17 2, of this constitution, until the number of justices in a division
10-18 of the supreme court is reduced to seven, a majority of the number
10-19 of justices in that division shall constitute a quorum of that
10-20 division, and the concurrence of a majority of the number of
10-21 justices in that division shall be necessary to a decision of a
10-22 case by that division.
10-23 SECTION 13. This proposed constitutional amendment shall be
10-24 submitted to the voters at an election to be held November 2, 1993.
10-25 The ballot shall be printed to provide for voting for or against
10-26 the proposition: "The constitutional amendment combining the
10-27 supreme court and the court of criminal appeals into a single court
11-1 of last resort."