By: Patterson S.B. No. 255
73R3502 RJA-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the appointment of appellate justices and judges and
1-3 certain district judges and to the election on confirmation of
1-4 those justices and judges.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Chapter 22, Government Code, is amended by adding
1-7 Subchapter E to read as follows:
1-8 SUBCHAPTER E. SELECTION AND CONFIRMATION OF CERTAIN
1-9 JUDICIAL OFFICERS
1-10 Sec. 22.401. Definition. In this subchapter "commission"
1-11 means the appellate court commission, a court of appeals
1-12 commission, or a district court commission.
1-13 Sec. 22.402. Commissions. (a) The following court
1-14 commissions are created:
1-15 (1) the appellate court commission for the supreme
1-16 court and the court of criminal appeals;
1-17 (2) 13 court of appeals commissions, one for each of
1-18 the court of appeals districts 2-13 and one for court of appeals
1-19 districts 1 and 14; and
1-20 (3) six district court commissions, one each in Bexar,
1-21 Dallas, El Paso, Harris, Tarrant, and Travis counties.
1-22 (b) A commission is composed of 15 citizens of the state who
1-23 hold no other office of trust or profit under the governments of
1-24 the United States, the State of Texas, or any other government,
2-1 appointed as follows:
2-2 (1) one person licensed to practice law by the supreme
2-3 court and three persons not licensed to practice law, not all of
2-4 whom may be of the same political party, appointed by the governor,
2-5 with the advice and consent of the senate;
2-6 (2) one person licensed to practice law by the supreme
2-7 court and two persons not licensed to practice law, not all of whom
2-8 may be of the same political party, appointed by the lieutenant
2-9 governor, with the advice and consent of the senate;
2-10 (3) one person licensed to practice law by the supreme
2-11 court and two persons not licensed to practice law, not all of whom
2-12 may be of the same political party, appointed by the speaker of the
2-13 house of representatives, with the advice and consent of the
2-14 senate;
2-15 (4) three persons licensed to practice law by the
2-16 supreme court, appointed by the president of the state bar, with
2-17 the advice and consent of the senate; and
2-18 (5) two persons not licensed to practice law, one each
2-19 appointed by the chair of each of the state executive committees of
2-20 the two political parties the gubernatorial nominees of which
2-21 received the highest number of votes in the general election
2-22 immediately preceding the appointment, with the advice and consent
2-23 of the senate.
2-24 Sec. 22.403. Appointments to Commission. Appointing
2-25 authorities shall, in addition to meeting the requirements of
2-26 Section 22.402, make appointments to a commission in a manner that
2-27 ensures that the commission is representative of the race, sex,
3-1 national origin, ethnicity, and geographical distribution of the
3-2 citizens of the state, the court of appeals district, or the
3-3 county, as applicable. After the appointing process has been
3-4 completed, the governor shall review the proposed membership of a
3-5 commission. If the governor determines that the membership of a
3-6 commission is not representative of the race, sex, national origin,
3-7 ethnicity, and geographical distribution of the citizens of the
3-8 state, district, or county, the governor shall convene the
3-9 appointing authorities in a special meeting to appoint or reappoint
3-10 persons to the commission to achieve that representation on the
3-11 commission. Members of the appellate court commission may not be
3-12 residents of the same county or of the same city. No more than
3-13 five members of a court of appeals commission may be residents of
3-14 the same county or of the same city. Each appointing authority may
3-15 not appoint more than one member who is a resident of a particular
3-16 county to a court of appeals commission.
3-17 Sec. 22.404. Preference of Appointments. If appointees are
3-18 proposed from the same county or city as prohibited by Section
3-19 22.403, the proposed appointees of the governor have preference
3-20 over those of all other appointing authorities, followed by those
3-21 of the lieutenant governor, those of the speaker of the house of
3-22 representatives, those of the president of the state bar, that of
3-23 the chair of the state executive committee of the political party
3-24 the gubernatorial nominee of which received the highest number of
3-25 votes in the general election immediately preceding the
3-26 appointment, and that of the chair of the state executive committee
3-27 of the political party the gubernatorial nominee of which received
4-1 the second highest number of votes in the general election
4-2 immediately preceding the appointment.
4-3 Sec. 22.405. Terms of Office. Members of a commission serve
4-4 staggered three-year terms. A member who has served two full terms
4-5 is not eligible for appointment to an additional full or unexpired
4-6 term. A vacancy on a commission is filled by the original
4-7 appointing authority for that position for the remainder of the
4-8 term.
4-9 Sec. 22.406. Chair. The governor shall designate the chair
4-10 of each commission from its members.
4-11 Sec. 22.407. Meetings; Records. (a) Meetings shall be held
4-12 at times and places as may be designated by the chair or by any
4-13 five members of a commission. Meetings of a commission are subject
4-14 to the open meetings law, Chapter 271, Acts of the 60th
4-15 Legislature, Regular Session, 1967 (Article 6252-17, Vernon's Texas
4-16 Civil Statutes).
4-17 (b) Commission records are subject to the open records law,
4-18 Chapter 424, Acts of the 63rd Legislature, Regular Session, 1973
4-19 (Article 6252-17a, Vernon's Texas Civil Statutes).
4-20 Sec. 22.408. Conflicts of Interest; Communications. (a) A
4-21 member of a commission shall disclose to all other members of the
4-22 commission all personal and business relationships with a
4-23 prospective nominee that may directly or indirectly influence the
4-24 member's decision. If a substantial conflict of interest is
4-25 apparent, the member shall disqualify himself from voting on
4-26 further consideration of any affected prospective nominee or the
4-27 commission, by a two-thirds vote of the membership of the
5-1 commission, may disqualify the member.
5-2 (b) An individual member who receives a written
5-3 communication relating to a candidate for judicial office shall
5-4 forward the communication to all other members of the commission.
5-5 An individual member shall prepare and forward to all other members
5-6 a summary of any oral conversations the individual member has
5-7 concerning any candidate under consideration by the commission.
5-8 Communications forwarded under this subsection are confidential and
5-9 may not be disclosed to any person not a member of the commission.
5-10 A member of the commission may not initiate or receive any
5-11 communications directly or indirectly with the governor about a
5-12 candidate for a vacancy before the submission of a final list of
5-13 nominees to the governor. The governor may not initiate any
5-14 communication directly or indirectly with any member of a
5-15 commission concerning a candidate for a judicial vacancy and may
5-16 not respond to any inquiry by any member of a commission concerning
5-17 a candidate.
5-18 Sec. 22.409. Rules. A commission operates under rules
5-19 adopted by the appellate court commission.
5-20 Sec. 22.410. Appropriations. The legislature shall provide
5-21 the necessary appropriations for operation of the commissions,
5-22 including any compensation for the members.
5-23 Sec. 22.411. List of Nominees. (a) When a vacancy occurs
5-24 in the office of a supreme court justice, a court of criminal
5-25 appeals judge, or a court of appeals justice, or in an office to
5-26 which Article V, Section 28(c), of the Texas Constitution applies,
5-27 or when an incumbent in one of those offices does not file a
6-1 declaration of candidacy as provided by Section 291.001(a),
6-2 Election Code, the appellate court commission or the appropriate
6-3 court of appeals or district court commission shall submit to the
6-4 governor a list of three nominees eligible to hold the office. A
6-5 commission shall list the names of the nominees in alphabetical
6-6 order without comment or ranking.
6-7 (b) A commission shall hold a public hearing to take public
6-8 testimony regarding the proposed nominees before it submits the
6-9 list to the governor and shall submit a record of the hearing with
6-10 the list.
6-11 (c) Prospective nominees or third parties may submit names
6-12 to a commission for nomination, but applications must contain a
6-13 consent to the appointment and are public information on receipt by
6-14 the commission.
6-15 (d) Except as provided by Subsections (e) and (f), the
6-16 appropriate commission shall submit the list and record to the
6-17 governor not later than the 60th day after the day a vacancy
6-18 occurs.
6-19 (e) If a vacancy occurs because an incumbent has not filed a
6-20 declaration of candidacy as provided by Section 291.001(a),
6-21 Election Code, the appropriate commission shall submit the list and
6-22 record to the governor not later than the 60th day after the date
6-23 the secretary of state notifies the commission as provided by
6-24 Section 291.001(c), Election Code.
6-25 (f) If a vacancy occurs on or after the 155th day before the
6-26 date of the general election for state and county officers and
6-27 before the 111th day before that date, the appropriate commission
7-1 shall submit the list and record to the governor not later than the
7-2 80th day before the date of that general election. For purposes of
7-3 this subchapter, a vacancy that occurs on or after the 111th day
7-4 before the date of the general election for state and county
7-5 officers occurs after the date of that election.
7-6 Sec. 22.412. Appointment by Governor. (a) The governor
7-7 shall appoint a person to fill an existing vacancy, or a vacancy
7-8 that will exist because an incumbent did not file a declaration of
7-9 candidacy as provided by Section 291.001(a), Election Code, from
7-10 the list of nominees submitted to the governor by the appropriate
7-11 commission to fill that particular vacancy.
7-12 (b) Except as provided by Subsection (c), the governor shall
7-13 appoint a person not later than the 30th day after the date the
7-14 governor receives the list.
7-15 (c) If the appropriate commission is required under Section
7-16 22.411(f) to submit a list not later than the 80th day before the
7-17 date of the general election for state and county officers, the
7-18 governor shall appoint a person not later than the 15th day after
7-19 the date the governor receives the list.
7-20 (d) If a commission does not submit a list and record within
7-21 the period provided by Section 22.411, the governor may appoint any
7-22 qualified person. Section 22.414 does not apply to an appointment
7-23 made under this subsection.
7-24 Sec. 22.413. Fewer than Three Nominees. A commission may
7-25 submit a list of fewer than three nominees if 12 members of the
7-26 commission sign a certification that there are not three qualified,
7-27 eligible nominees for a vacancy. The certification must be a part
8-1 of the list of nominees submitted to the governor.
8-2 Sec. 22.414. Governor Does Not Appoint. (a) If the
8-3 governor does not make a judicial appointment within the period
8-4 provided by Section 22.412(b), the lieutenant governor shall make
8-5 the appointment from the list. If the lieutenant governor does not
8-6 make the appointment within 15 days after the date the period in
8-7 which the governor may appoint expires, the speaker of the house of
8-8 representatives shall make the appointment from the list. If the
8-9 speaker does not make the appointment within 15 days after the date
8-10 the period in which the lieutenant governor may appoint expires,
8-11 the commission shall by two-thirds vote of its membership make the
8-12 appointment. Appointments are made with the advice and consent of
8-13 the senate in the manner provided by Article IV, Section 12, of the
8-14 Texas Constitution.
8-15 (b) If the governor does not make a judicial appointment
8-16 within the 15-day period provided by Section 22.412(c), the list is
8-17 invalid and, for purposes of this subchapter, the vacancy occurs
8-18 after the date of the general election.
8-19 Sec. 22.415. Commission Member Ineligible. A member of the
8-20 commission is not eligible for appointment to a state judicial
8-21 office during the term for which appointed and for three years
8-22 after the date the term expires.
8-23 Sec. 22.416. Subject to Confirmation Election. (a) Except
8-24 as provided by Subsection (b), a justice or judge appointed to an
8-25 initial term as provided by this subchapter is subject to
8-26 confirmation or rejection for a term on a nonpartisan ballot at the
8-27 first general election for state and county officers held after the
9-1 date the oath of office is taken. The initial term expires January
9-2 1 following the general election at which the justice or judge is
9-3 subject to confirmation or rejection.
9-4 (b) A justice or judge appointed to fill a vacancy created
9-5 by an incumbent who has not filed the declaration required by
9-6 Section 291.001(a), Election Code, is subject to confirmation or
9-7 rejection on a nonpartisan ballot at the last general election held
9-8 before the incumbent's term of office expires. If an appellate
9-9 justice or judge is confirmed, the justice or judge, unless removed
9-10 as provided by law, serves a regular six-year term beginning
9-11 January 1 following the confirmation election. If a district judge
9-12 is confirmed, the judge, unless removed as provided by law, serves
9-13 a regular four-year term beginning January 1 following the
9-14 confirmation election.
9-15 Sec. 22.417. Effect of Election. If a majority of those
9-16 voting on the question vote against the confirmation of the justice
9-17 or judge, a vacancy in the office exists on the first day of the
9-18 following January, and the vacancy shall be filled in the manner
9-19 provided by this subchapter. If a majority of those voting on the
9-20 question vote for the confirmation of the justice or judge, the
9-21 person unless removed as provided by law remains in office for the
9-22 unexpired term, or for a regular term of six years for an appellate
9-23 justice or judge and four years for a district judge, beginning on
9-24 the first day of the following January. If a deceased candidate
9-25 receives the necessary votes for confirmation, the vacancy shall
9-26 be filled as in the case of a vacancy occurring after the election.
9-27 SECTION 2. The Election Code is amended by adding Title 17
10-1 to read as follows:
10-2 TITLE 17. ELECTION ON CONFIRMATION OF APPELLATE
10-3 JUSTICES AND JUDGES AND CERTAIN DISTRICT JUDGES
10-4 CHAPTER 291. ELECTION ON CONFIRMATION OF
10-5 APPELLATE JUSTICES AND JUDGES AND CERTAIN DISTRICT JUDGES
10-6 Sec. 291.001. Declaration of Candidacy. (a) Not later than
10-7 6 p.m. on January 2 preceding the last general election for state
10-8 and county officers before the expiration of the term of office,
10-9 each justice of the supreme court, judge of the court of criminal
10-10 appeals, justice of a court of appeals, and judge of a district
10-11 court to which Article V, Section 28(c), of the Texas Constitution
10-12 applies who desires to continue to serve in that office must file
10-13 with the secretary of state a declaration of candidacy to succeed
10-14 himself. A declaration may not be filed earlier than the 30th day
10-15 before the date of the filing deadline.
10-16 (b) If a declaration of candidacy is not filed for a
10-17 particular office, the office becomes vacant on the expiration of
10-18 the current term of office.
10-19 (c) Not later than the 10th day after the date of the filing
10-20 deadline for declarations of candidacy under Subsection (a), the
10-21 secretary of state shall notify the governor and the appellate
10-22 court commission, the appropriate court of appeals commission, or
10-23 the appropriate district court commission of each office for which
10-24 the term is to expire and for which a declaration of candidacy has
10-25 not been filed by the incumbent.
10-26 Sec. 291.002. Confirmation Ballot. The name of the person
10-27 subject to confirmation shall be submitted to the voters by
11-1 separate ballot or on the general election ballot, if convenient,
11-2 without party designation and under the heading "Nonpartisan
11-3 Judicial Offices," in substantially the following form:
11-4 "Shall Justice (Judge)_____________________________
11-5 ___________________________________________________
11-6 be confirmed in office as justice (judge) of the
11-7 ____________________________________________Court?"
11-8 ____"Yes"
11-9 ____"No"
11-10 Sec. 291.003. General Procedure for Conduct of Confirmation
11-11 Election. (a) Except as otherwise provided by this code, the
11-12 nonpartisan judicial confirmation election shall be conducted and
11-13 the results canvassed, tabulated, and reported in the manner
11-14 applicable to partisan offices in the general election for state
11-15 and county officers.
11-16 (b) Certificates of election shall be issued to the
11-17 confirmed officers in the same manner as provided for candidates
11-18 elected to partisan offices.
11-19 Sec. 291.004. Campaign Contributions and Expenditures. A
11-20 candidate for confirmation of a judicial office is subject to Title
11-21 15 and shall comply with that title in the same manner as a
11-22 candidate for a statewide or district partisan office, as
11-23 applicable.
11-24 Sec. 291.005. Applicability of Other Parts of Code. The
11-25 other titles of this code apply to a nonpartisan judicial
11-26 confirmation election except provisions that are inconsistent with
11-27 this title or that cannot feasibly be applied in a nonpartisan
12-1 judicial confirmation election.
12-2 Sec. 291.006. Additional Procedures. The secretary of state
12-3 shall prescribe any additional procedures necessary for the orderly
12-4 and proper administration of nonpartisan judicial confirmation
12-5 elections.
12-6 SECTION 3. Section 1.005(9), Election Code, is amended to
12-7 read as follows:
12-8 (9) "Independent candidate" means a candidate in a
12-9 nonpartisan election, other than a nonpartisan judicial
12-10 confirmation election, or a candidate in a partisan election who is
12-11 not the nominee of a political party.
12-12 SECTION 4. Section 41.002, Election Code, is amended to read
12-13 as follows:
12-14 Sec. 41.002. GENERAL ELECTION FOR STATE AND COUNTY OFFICERS.
12-15 The general election for state and county officers, including the
12-16 nonpartisan judicial confirmation election, shall be held on the
12-17 first Tuesday after the first Monday in November in even-numbered
12-18 years.
12-19 SECTION 5. Section 52.092, Election Code, is amended to read
12-20 as follows:
12-21 Sec. 52.092. OFFICES REGULARLY FILLED AT GENERAL ELECTION
12-22 FOR STATE AND COUNTY OFFICERS. (a) For an election at which
12-23 offices regularly filled at the general election for state and
12-24 county officers, including the nonpartisan judicial confirmation
12-25 election, are to appear on the ballot, the offices shall be listed
12-26 in the following order:
12-27 (1) offices of the federal government;
13-1 (2) offices of the state government:
13-2 (A) statewide offices;
13-3 (B) district offices;
13-4 (3) offices of the county government:
13-5 (A) county offices;
13-6 (B) precinct offices.
13-7 (b) Offices of the federal government shall be listed in the
13-8 following order:
13-9 (1) president and vice-president of the United States;
13-10 (2) United States senator;
13-11 (3) United States representative.
13-12 (c) Statewide offices of the state government shall be
13-13 listed in the following order:
13-14 (1) governor;
13-15 (2) lieutenant governor;
13-16 (3) attorney general;
13-17 (4) comptroller of public accounts;
13-18 (5) state treasurer;
13-19 (6) commissioner of the General Land Office;
13-20 (7) commissioner of agriculture;
13-21 (8) railroad commissioner<;>
13-22 <(9) chief justice, supreme court;>
13-23 <(10) justice, supreme court;>
13-24 <(11) presiding judge, court of criminal appeals;>
13-25 <(12) judge, court of criminal appeals>.
13-26 (d) District offices of the state government shall be listed
13-27 in the following order:
14-1 (1) member, State Board of Education;
14-2 (2) state senator;
14-3 (3) state representative;
14-4 (4) <chief justice, court of appeals;>
14-5 <(5) justice, court of appeals;>
14-6 <(6)> district judge for a district to which Article
14-7 V, Section 28(c), of the Texas Constitution does not apply;
14-8 (5) <(7)> criminal district judge for a district to
14-9 which Article V, Section 28(c), of the Texas Constitution does not
14-10 apply;
14-11 (6) <(8)> family district judge for a district to
14-12 which Article V, Section 28(c), of the Texas Constitution does not
14-13 apply;
14-14 (7) <(9)> district attorney;
14-15 (8) <(10)> criminal district attorney.
14-16 (e) County offices shall be listed in the following order:
14-17 (1) county judge;
14-18 (2) judge, county court at law;
14-19 (3) judge, county criminal court;
14-20 (4) judge, county probate court;
14-21 (5) county attorney;
14-22 (6) district clerk;
14-23 (7) district and county clerk;
14-24 (8) county clerk;
14-25 (9) sheriff;
14-26 (10) sheriff and tax assessor-collector;
14-27 (11) county tax assessor-collector;
15-1 (12) county treasurer;
15-2 (13) county school trustee (county with population of
15-3 two million or more);
15-4 (14) county surveyor;
15-5 (15) inspector of hides and animals.
15-6 (f) Precinct offices shall be listed in the following order:
15-7 (1) county commissioner;
15-8 (2) justice of the peace;
15-9 (3) constable;
15-10 (4) public weigher.
15-11 (g) The nonpartisan judicial offices shall be listed in the
15-12 following order:
15-13 (1) chief justice, supreme court;
15-14 (2) justice, supreme court;
15-15 (3) presiding judge, court of criminal appeals;
15-16 (4) judge, court of criminal appeals;
15-17 (5) chief justice, court of appeals;
15-18 (6) justice, court of appeals;
15-19 (7) district judge for a district to which Article V,
15-20 Section 28(c), of the Texas Constitution applies;
15-21 (8) criminal district judge for a district to which
15-22 Article V, Section 28(c), of the Texas Constitution applies;
15-23 (9) family district judge for a district to which
15-24 Article V, Section 28(c), of the Texas Constitution applies.
15-25 (h) If two or more offices having the same title except for
15-26 a place number or other distinguishing number are to appear on the
15-27 ballot, the number shall appear as part of the office title and the
16-1 offices shall be listed in numerical order.
16-2 (i) <(h)> The secretary of state shall assign a place number
16-3 to each position for which a confirmation <to be filled at the
16-4 general> election is being held <for state and county officers> for
16-5 each full or unexpired term in the following offices:
16-6 (1) justice, supreme court;
16-7 (2) judge, court of criminal appeals; and
16-8 (3) justice, court of appeals in a court having a
16-9 membership in excess of three, if distinguishing the positions to
16-10 be filled is necessary.
16-11 (j) <(i)> The secretary of state shall designate the
16-12 position of new offices on the ballot.
16-13 (k) <(j)> The office of judge of a multicounty statutory
16-14 county court created under Subchapter D, Chapter 25, Government
16-15 Code, is considered to be a county office for purposes of listing
16-16 the office on the ballot and to be a district office for all other
16-17 purposes under this code.
16-18 SECTION 6. Section 145.003(b), Election Code, is amended to
16-19 read as follows:
16-20 (b) A candidate in the general election for state and county
16-21 officers, including the nonpartisan judicial confirmation election,
16-22 may be declared ineligible before the 30th day preceding election
16-23 day by:
16-24 (1) the party officer responsible for certifying the
16-25 candidate's name for placement on the general election ballot, in
16-26 the case of a candidate who is a political party's nominee; or
16-27 (2) the authority with whom the candidate's
17-1 application for a place on the ballot or declaration of candidacy
17-2 is required to be filed, in the case of an independent candidate or
17-3 a candidate in a nonpartisan judicial confirmation election, as
17-4 applicable.
17-5 SECTION 7. Section 172.024(a), Election Code, is amended to
17-6 read as follows:
17-7 (a) The filing fee for a candidate for nomination in the
17-8 general primary election is as follows:
17-9 (1) United States senator ...................... $4,000
17-10 (2) office elected statewide, except United States
17-11 senator ................................... 3,000
17-12 (3) United States representative ................ 2,500
17-13 (4) state senator ............................... 1,000
17-14 (5) state representative .......................... 600
17-15 (6) member, State Board of Education .............. 250
17-16 (7) <chief justice or justice, court of appeals,
17-17 other than a justice specified by
17-18 Subdivision (8) ........................... 1,500>
17-19 <(8) chief justice or justice of a court of appeals
17-20 that serves a court of appeals district in which
17-21 a county with a population of more than 850,000
17-22 is wholly or partly situated .............. 2,000>
17-23 <(9)> district judge or judge specified by Section
17-24 52.092(d) for which this schedule does not
17-25 otherwise prescribe a fee ................. 1,200
17-26 <(10) district or criminal district judge of a
17-27 court in a judicial district wholly contained
18-1 in a county with a population of more
18-2 than 850,000 ............................. 2,000>
18-3 (8) <(11)> judge, statutory county court, other
18-4 than a judge specified by Subdivision
18-5 (9) <(12)> ................................ 1,200
18-6 (9) <(12)> judge of a statutory county court in a
18-7 county with a population of more than
18-8 850,000 ................................... 2,000
18-9 (10) <(13)> district attorney, criminal district
18-10 attorney, or county attorney performing the
18-11 duties of a district attorney ............. 1,000
18-12 (11) <(14)> county commissioner or judge,
18-13 constitutional county court:
18-14 (A) county with a population of 200,000 or
18-15 more ........................................ 1,000
18-16 (B) county with a population of under
18-17 200,000 ....................................... 600
18-18 (12) <(15)> justice of the peace or constable:
18-19 (A) county with a population of 200,000 or
18-20 more .......................................... 800
18-21 (B) county with a population of under
18-22 200,000 ....................................... 300
18-23 (13) <(16)> county surveyor, inspector of hides and
18-24 animals, or public weigher .................. 50
18-25 (14) <(17)> office of the county government for which
18-26 this schedule does not otherwise prescribe a
18-27 fee ........................................ 600
19-1 SECTION 8. TEMPORARY PROVISIONS. (a) This Act takes effect
19-2 only if the constitutional amendment proposed by the 73rd
19-3 Legislature, Regular Session, 1993, relating to the appointment of
19-4 appellate justices and judges and certain district judges by the
19-5 governor and to confirmation elections on a nonpartisan ballot of
19-6 those justices and judges is adopted. If the amendment is adopted,
19-7 this Act takes effect January 1, 1995.
19-8 (b) The initial members of the commissions created by this
19-9 Act shall be appointed for terms beginning January 1, 1995. In
19-10 making the initial appointments, the governor, lieutenant governor,
19-11 speaker of the house of representatives, president of the state
19-12 bar, and chairs of the political parties shall act together as a
19-13 selection committee to ensure compliance with Subchapter E, Chapter
19-14 22, Government Code, as added by this Act.
19-15 (1) The following persons serve initial one-year
19-16 terms:
19-17 (A) one person licensed to practice law
19-18 appointed by the governor;
19-19 (B) one person not licensed to practice law
19-20 appointed by the governor;
19-21 (C) one person licensed to practice law
19-22 appointed by the lieutenant governor;
19-23 (D) one person not licensed to practice law
19-24 appointed by the speaker of the house; and
19-25 (E) one person appointed by the president of the
19-26 state bar.
19-27 (2) The following persons serve initial two-year
20-1 terms:
20-2 (A) two persons not licensed to practice law
20-3 appointed by the governor;
20-4 (B) one person not licensed to practice law
20-5 appointed by the lieutenant governor;
20-6 (C) one person licensed to practice law
20-7 appointed by the speaker of the house; and
20-8 (D) one person appointed by the president of the
20-9 state bar.
20-10 (3) The following persons serve initial three-year
20-11 terms:
20-12 (A) one person not licensed to practice law
20-13 appointed by the lieutenant governor;
20-14 (B) one person not licensed to practice law
20-15 appointed by the speaker of the house;
20-16 (C) one person appointed by the president of the
20-17 state bar; and
20-18 (D) two persons appointed one each by the chairs
20-19 of the political parties entitled to make appointments under
20-20 Subchapter E, Chapter 22, Government Code, as added by this Act.
20-21 SECTION 9. The importance of this legislation and the
20-22 crowded condition of the calendars in both houses create an
20-23 emergency and an imperative public necessity that the
20-24 constitutional rule requiring bills to be read on three several
20-25 days in each house be suspended, and this rule is hereby suspended.