H.R. No. 477
R E S O L U T I O N
1-1 WHEREAS, The United States District Court for the Western
1-2 District of Texas and the United States Court of Appeals for the
1-3 5th Circuit, on January 27, 1993, in the case of LULAC, Council No.
1-4 4434, v. Clements, have held that the state's current method of
1-5 electing district court judges, as applied in several counties,
1-6 violates Section 2 of the federal Voting Rights Act; and
1-7 WHEREAS, The policy of the State of Texas expressed in its
1-8 constitution and laws is that election of district court judges be
1-9 by partisan, popular election; and
1-10 WHEREAS, It is necessary that the policies of the state be
1-11 consistent with requirements of federal law, and it also is
1-12 desirable that the legislature express its preference for
1-13 resolution of the pending litigation; now, therefore, be it
1-14 RESOLVED, That the at-large election system for the state
1-15 district courts in the nine affected counties will be replaced by a
1-16 phased-in plan in which each affected county will be divided into
1-17 electoral subdistricts. Each county will be designated a District
1-18 Number and each election unit--State Representative District,
1-19 Justice of the Peace Precinct, or County Commissioner
1-20 Precinct--shall be designated a Subdistrict Place Number. The plan
1-21 entails electoral subdistricts which are smaller than a county,
1-22 except for those district courts not changed by the Appendix
1-23 attached to this resolution. The plan uses existing State
2-1 Representative District, Justice of the Peace Precinct, or County
2-2 Commissioner Precinct lines. All election subdistricts used in
2-3 this plan are based on geographic boundaries as they existed on
2-4 January 1, 1993; and, be it further
2-5 RESOLVED, That, except for those courts not expressly covered
2-6 by this resolution and the attached Appendix, the State of Texas
2-7 agrees to eliminate the existing at-large system of electing
2-8 district judges in Dallas, Harris, Bexar, Tarrant, Travis,
2-9 Jefferson, Midland, Ector, and Lubbock counties, in the manner
2-10 detailed in the attached Appendix. In Harris, Dallas, Bexar, and
2-11 Jefferson counties, state district judges will be elected from
2-12 subdistricts comprised of Texas House of Representatives Districts;
2-13 in Tarrant and Travis counties, state district judges will be
2-14 elected from subdistricts comprised of Justice of the Peace
2-15 Precincts; and in Lubbock, Midland, and Ector counties, state
2-16 district judges will be elected from subdistricts comprised of
2-17 County Commissioner Precincts. The electoral scheme for some
2-18 district courts, including those courts currently occupied by
2-19 Defendant-Intervenor F. Harold Entz (the 194th District Court in
2-20 Dallas County) and by Defendant-Intervenor Sharolyn Wood (the 127th
2-21 District Court in Harris County), are not affected by this plan and
2-22 continue to be elected at-large; and, be it further
2-23 RESOLVED, That each electoral subdistrict will elect one or
2-24 more district judges as set out in the attached Appendix. Only
2-25 those voters residing within their respective electoral subdistrict
3-1 will be allowed to vote for their respective district judges; and,
3-2 be it further
3-3 RESOLVED, That for the party primaries: elections shall be
3-4 by place and by majority vote; if no candidate receives a majority
3-5 of votes cast, then the position will be filled by a runoff
3-6 election between the two candidates receiving the highest number of
3-7 votes cast for that position, all as provided by existing state
3-8 law. For the general elections, election shall be by plurality
3-9 vote, as provided by existing state law; and, be it further
3-10 RESOLVED, That, consistent with the Texas Constitution, all
3-11 candidates must reside in the county, but not necessarily the
3-12 electoral subdistrict from which they seek election. All district
3-13 judges must reside in the county from which they were elected for
3-14 the entirety of their term. If any district judge no longer
3-15 resides in his/her county, a vacancy shall be declared, and the
3-16 post filled in accordance with state law; and, be it further
3-17 RESOLVED, That the electoral subdistricts created under the
3-18 attached Appendix are for the purpose of election of state district
3-19 judges only. No change in jurisdiction or venue rules is made.
3-20 Consistent with Article V of the Texas Constitution, the attached
3-21 Appendix will not disturb the existing district lines of the
3-22 present judicial districts, except to the extent that it creates
3-23 electoral subdistricts within the aforementioned counties for the
3-24 purposes of electing district judges only; and, be it further
3-25 RESOLVED, That in the interim before all state district
4-1 judges in the affected counties are elected under this new
4-2 subdistricting plan, state district judges now in office shall
4-3 continue to hold their elective position until the expiration of
4-4 their respective terms; and, be it further
4-5 RESOLVED, That in the interim before all state district
4-6 judges in the affected counties are elected under this new
4-7 subdistricting plan, state district judges elected to a court for
4-8 which a subject-matter preference is statutorily provided, shall
4-9 continue to hear cases in accordance with that preference until the
4-10 expiration of their respective terms; and, be it further
4-11 RESOLVED, That there shall be no right of recusal of judges,
4-12 based solely upon their election under this plan; and, be it
4-13 further
4-14 RESOLVED, That an official copy of this resolution be
4-15 forwarded to the attorney general of Texas as an official
4-16 expression of the sentiment of the House of Representatives of the
4-17 State of Texas.
4-18 Cuellar of Webb
4-19 Edwards
4-20 Rangel
4-21 Thompson of Harris
4-22 Cuellar of Webb
4-23 Edwards
4-24 Rangel