By: Jones, J. H.J.R. No. 120
73R6195 MWV-D
A JOINT RESOLUTION
1-1 proposing a constitutional amendment relating to the abolishment of
1-2 the Judicial Districts Board.
1-3 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Article V, Section 7a, of the Texas Constitution
1-5 is amended to read as follows:
1-6 Sec. 7a. (a) <The Judicial Districts Board is created to
1-7 reapportion the judicial districts authorized by Article V, Section
1-8 7, of this constitution.>
1-9 <(b) The membership of the board consists of the Chief
1-10 Justice of the Texas Supreme Court who serves as chairman, the
1-11 presiding judge of the Texas Court of Criminal Appeals, the
1-12 presiding judge of each of the administrative judicial districts of
1-13 the state, the president of the Texas Judicial Council, and one
1-14 person who is licensed to practice law in this state appointed by
1-15 the governor with the advice and consent of the senate for a term
1-16 of four years. In the event of a vacancy in the appointed
1-17 membership, the vacancy is filled for the unexpired term in the
1-18 same manner as the original appointment.>
1-19 <(c) A majority of the total membership of the board
1-20 constitutes a quorum for the transaction of business. The adoption
1-21 of a reapportionment order requires a majority vote of the total
1-22 membership of the board.>
1-23 <(d) The reapportionment powers of the board shall be
1-24 exercised in the interims between regular sessions of the
2-1 legislature, except that a reapportionment may not be ordered by
2-2 the board during an interim immediately following a regular session
2-3 of the legislature in which a valid and subsisting statewide
2-4 apportionment of judicial districts is enacted by the legislature.
2-5 The board has other powers and duties as provided by the
2-6 legislature and shall exercise its powers under the policies,
2-7 rules, standards, and conditions, not inconsistent with this
2-8 section, that the legislature provides.>
2-9 <(e)> Unless the legislature enacts a statewide
2-10 reapportionment of the judicial districts following each federal
2-11 decennial census before June 1<, the board shall convene not later
2-12 than the first Monday of June> of the third year following the year
2-13 in which the federal decennial census is taken <to make a statewide
2-14 reapportionment of the districts. The board shall complete its
2-15 work on the reapportionment and file its order with the secretary
2-16 of state not later than August 31 of the same year. If the
2-17 Judicial Districts Board fails to make a statewide apportionment by
2-18 that date>, the Legislative Redistricting Board established by
2-19 Article III, Section 28, of this constitution shall convene not
2-20 earlier than June 1 nor later than July 1 of that year and make a
2-21 statewide reapportionment of the judicial districts not later than
2-22 the 150th day after the board convenes <final day for the Judicial
2-23 Districts Board to make the reapportionment>.
2-24 (b) The reapportionment powers of the board shall be
2-25 exercised in the interims between regular sessions of the
2-26 legislature, except that a reapportionment may not be ordered by
2-27 the board during an interim immediately following a regular session
3-1 of the legislature in which a valid and subsisting statewide
3-2 apportionment of judicial districts is enacted by the legislature.
3-3 The board has other powers and duties as provided by the
3-4 legislature and shall exercise its powers under the policies,
3-5 rules, standards, and conditions, not inconsistent with this
3-6 section, that the legislature provides.
3-7 (c) <(f)> In addition to the statewide reapportionment, the
3-8 board may reapportion the judicial districts of the state as the
3-9 necessity for reapportionment appears by redesignating, in one or
3-10 more reapportionment orders, the county or counties that comprise
3-11 the specific judicial districts affected by those reapportionment
3-12 orders. In modifying any judicial district, no county having a
3-13 population as large or larger than the population of the judicial
3-14 district being reapportioned shall be added to the judicial
3-15 district.
3-16 (d) This <(g) Except as provided by Subsection (i) of this
3-17 section, this> section does not limit the power of the legislature
3-18 to reapportion the judicial districts of the state, to increase the
3-19 number of judicial districts, or to provide for consequent matters
3-20 on reapportionment. The legislature may provide for the effect of
3-21 a reapportionment made by the board on pending cases or the
3-22 transfer of pending cases, for jurisdiction of a county court where
3-23 county court jurisdiction has been vested by law in a district
3-24 court affected by the reapportionment, for terms of the courts upon
3-25 existing officers and their duties, and for all other matters
3-26 affected by the reapportionment. The legislature may delegate any
3-27 of these powers to the board. The legislature shall provide for
4-1 the necessary expenses of the board.
4-2 (e) <(h)> Any judicial reapportionment order adopted by the
4-3 board must be approved by a record vote of the majority of the
4-4 membership of both the senate and house of representatives before
4-5 such order can become effective and binding.
4-6 <(i) The legislature, the Judicial Districts Board, or the
4-7 Legislative Redistricting Board may not redistrict the judicial
4-8 districts to provide for any judicial district smaller in size than
4-9 an entire county except as provided by this section. Judicial
4-10 districts smaller in size than the entire county may be created
4-11 subsequent to a general election where a majority of the persons
4-12 voting on the proposition adopt the proposition "to allow the
4-13 division of ____________ County into judicial districts composed of
4-14 parts of ____________ County." No redistricting plan may be
4-15 proposed or adopted by the legislature, the Judicial Districts
4-16 Board, or the Legislative Redistricting Board in anticipation of a
4-17 future action by the voters of any county.>
4-18 SECTION 2. This proposed constitutional amendment shall be
4-19 submitted to the voters at an election to be held November 2, 1993.
4-20 The ballot shall be printed to provide for voting for or against
4-21 the proposition: "The constitutional amendment abolishing the
4-22 Judicial Districts Board."