By Thompson of Harris, et al. 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, that 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 Representative 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 County Commissioner 2-16 Precincts. The electoral scheme for some district courts, 2-17 including those courts currently occupied by Defendant-Intervenor 2-18 F. Harold Entz (the 194th District court in Dallas County) and by 2-19 Defendant-Intervenor Sharolyn Wood (the 127th District Court in 2-20 Harris County), are not affected by this plan and continue to be 2-21 elected at-large; and, be it further 2-22 RESOLVED, That each electoral subdistrict will elect one or 2-23 more district judges as set out in the attached Appendix. Only 2-24 those voters residing within their respective electoral subdistrict 2-25 will be allowed to vote for their respective district judges; and, 3-1 be it further 3-2 RESOLVED, That for the party primaries: elections shall be 3-3 by place and by majority vote; if no candidate receives a majority 3-4 of votes cast, then the position will be filled by a run-off 3-5 election between the two candidates receiving the highest number of 3-6 votes cast for that position, all as provided by existing state 3-7 law. For the general elections, elections shall be by plurality 3-8 vote, as provided by existing state law. 3-9 RESOLVED, That, consistent with the Texas Constitution, all 3-10 candidates must reside in the county, but not necessarily the 3-11 electoral subdistrict from which they seek election. All district 3-12 judges must reside in the county from which they were elected for 3-13 the entirety of their term. If any district judge no longer 3-14 resides in his/her county, a vacancy shall be declared, and the 3-15 post filled in accordance with state law; and, be it further 3-16 RESOLVED, That the electoral subdistricts created under the 3-17 attached Appendix are for the purpose of election of state district 3-18 judges only. No change in jurisdiction or venue rules is made. 3-19 Consistent with Art. 5 of the Texas Constitution, the attached 3-20 Appendix will not disturb the existing district lines of the 3-21 present judicial districts, except to the extent that it creates 3-22 electoral subdistricts within the aforementioned counties for the 3-23 purposes of electing district judges only; and, be it further 3-24 RESOLVED, That in the interim before all state district 3-25 judges in the affected counties are elected under this new 4-1 sub-districting plan, state district judges now in office shall 4-2 continue to hold their elective position until the expiration of 4-3 their respective terms; and, be it further 4-4 RESOLVED, That in the interim before all state district 4-5 judges in the affected counties are elected under this new 4-6 sub-districting plan, state district judges elected to a court for 4-7 which a subject-matter preference is statutorily provided, shall 4-8 continue to hear cases in accordance with that preference until the 4-9 expiration of their respective terms; and, be it further 4-10 RESOLVED, That there shall be no right of recusal of judges, 4-11 based solely upon their election under this plan; and, be it 4-12 further 4-13 RESOLVED, That an official copy of this resolution be 4-14 forwarded to the attorney general of Texas an an official 4-15 expression of the sentiment of the legislature of the State of 4-16 Texas.