By:  Carriker                                          S.B. No. 656
       73R5348 RJA-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the election of justices of the courts of appeals by
    1-3  place.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Subchapter C, Chapter 22, Government Code, is
    1-6  amended by adding Section 22.229 to read as follows:
    1-7        Sec. 22.229.  ELECTION FROM PLACES.  (a)  The justices of
    1-8  each court of appeals district shall be elected by places within
    1-9  the district as provided by this subchapter.
   1-10        (b)  Each court of appeals has a chief justice selected to a
   1-11  two-year term by majority vote of the justices.
   1-12        (c)  The legislature shall draw the boundaries of the places
   1-13  within each court of appeals district, designate the number of each
   1-14  place within the district, and designate the sequence in which each
   1-15  place in the district will appear on a ballot to be filled by
   1-16  partisan election by place.  The number of places within a district
   1-17  is equal to the number of justices provided by statute for the
   1-18  court of appeals in that district.  Each point within the district
   1-19  shall be within the area of one place.  If a justice is added to a
   1-20  court of appeals, the justice shall be elected from the entire
   1-21  district until the first general election following the next
   1-22  redistricting of the district into places.
   1-23        (d)  To be eligible to serve as justice, the person at the
   1-24  time of election or appointment must reside within the boundary of
    2-1  the court of appeals district and may, but need not, be a resident
    2-2  of the area of the place for which the office is filled.
    2-3        (e)  For purposes of the Election Code, each election by
    2-4  place of a justice is considered to be an election of a district
    2-5  office filled by the voters of more than one county.
    2-6        (f)  A justice elected to a place shall serve on the same
    2-7  court of appeals as the justice the person immediately succeeds.
    2-8        (g)  In this subchapter, "state representative district"
    2-9  means those state representative districts as configured for the
   2-10  1990 general election.
   2-11        (h)  Places within a court of appeals district shall be
   2-12  filled by partisan election by place in ascending numerical order
   2-13  from the smallest numbered to the largest numbered place.
   2-14        SECTION 2.  Section 22.216, Government Code, is amended to
   2-15  read as follows:
   2-16        Sec. 22.216.  Membership.  (a)  The Court of Appeals for the
   2-17  First Court of Appeals District consists of nine <a chief justice
   2-18  and eight> justices.
   2-19        (b)  The Court of Appeals for the Second Court of Appeals
   2-20  District consists of seven <a chief justice and six> justices.
   2-21        (c)  The Court of Appeals for the Third Court of Appeals
   2-22  District consists of six <a chief justice and five> justices.
   2-23        (d)  The Court of Appeals for the Fourth Court of Appeals
   2-24  District consists of seven <a chief justice and six> justices.
   2-25        (e)  The Court of Appeals for the Fifth Court of Appeals
   2-26  District consists of 13 <a chief justice and 12> justices.
   2-27        (f)  The Court of Appeals for the Sixth Court of Appeals
    3-1  District consists of three <a chief justice and two> justices.
    3-2        (g)  The Court of Appeals for the Seventh Court of Appeals
    3-3  District consists of four <a chief justice and three> justices.
    3-4        (h)  The Court of Appeals for the Eighth Court of Appeals
    3-5  District consists of four <a chief justice and three> justices.
    3-6        (i)  The Court of Appeals for the Ninth Court of Appeals
    3-7  District consists of three <a chief justice and two> justices.
    3-8        (j)  The Court of Appeals for the Tenth Court of Appeals
    3-9  District consists of three <a chief justice and two> justices.
   3-10        (k)  The Court of Appeals for the Eleventh Court of Appeals
   3-11  District consists of three <a chief justice and two> justices.
   3-12        (l)  The Court of Appeals for the Twelfth Court of Appeals
   3-13  District consists of three <a chief justice and two> justices.
   3-14        (m)  The Court of Appeals for the Thirteenth Court of Appeals
   3-15  District consists of six <a chief justice and five> justices.
   3-16        (n)  The Court of Appeals for the Fourteenth Court of Appeals
   3-17  District consists of nine <a chief justice and eight> justices.
   3-18        (o)  A justice in each court of appeals district serves as
   3-19  chief justice for that court as provided by Section 22.229.
   3-20        SECTION 3.  Section 22.201, Government Code, is amended to
   3-21  read as follows:
   3-22        Sec. 22.201.  Courts of Appeals Districts.  (a)  The state is
   3-23  divided into 14 courts of appeals districts with a court of appeals
   3-24  in each district.  Each court of appeals district is divided into
   3-25  places as provided by this section.  The justice for each place is
   3-26  elected from the area constituting that place.
   3-27        (b)  <The First Court of Appeals District is composed of the
    4-1  counties of Austin, Brazoria, Brazos, Burleson, Chambers, Colorado,
    4-2  Fort Bend, Galveston, Grimes, Harris, Trinity, Walker, Waller, and
    4-3  Washington.>
    4-4        <(c)>  The Second Court of Appeals District is composed of
    4-5  the counties of Archer, Clay, Cooke, Denton, Hood, Jack, Montague,
    4-6  Parker, Tarrant, Wichita, Wise, and Young.  The Second Court of
    4-7  Appeals District is divided into seven places.  The places are
    4-8  constituted as follows:
    4-9              (1)  Place 1 is composed of          ;
   4-10              (2)  Place 2 is composed of          ;
   4-11              (3)  Place 3 is composed of          ;
   4-12              (4)  Place 4 is composed of          ;
   4-13              (5)  Place 5 is composed of          ;
   4-14              (6)  Place 6 is composed of          ;
   4-15              (7)  Place 7 is composed of          .
   4-16        (c) <(d)>  The Third Court of Appeals District is composed of
   4-17  the counties of Bastrop, Bell, Blanco, Burnet, Caldwell, Coke,
   4-18  Comal, Concho, Fayette, Hays, Irion, Lampasas, Lee, Llano,
   4-19  McCulloch, Milam, Mills, Runnels, San Saba, Schleicher, Sterling,
   4-20  Tom Green, Travis, and Williamson.  The Third Court of Appeals
   4-21  District is divided into six places.  The places are constituted as
   4-22  follows:
   4-23              (1)  Place 1 is composed of          ;
   4-24              (2)  Place 2 is composed of          ;
   4-25              (3)  Place 3 is composed of          ;
   4-26              (4)  Place 4 is composed of          ;
   4-27              (5)  Place 5 is composed of          ;
    5-1              (6)  Place 6 is composed of          .
    5-2        (d) <(e)>  The Fourth Court of Appeals District is composed
    5-3  of the counties of Atascosa, Bandera, Bexar, Brooks, Dimmit, Duval,
    5-4  Edwards, Frio, Gillespie, Guadalupe, Jim Hogg, Jim Wells, Karnes,
    5-5  Kendall, Kerr, Kimble, Kinney, LaSalle, McMullen, Mason, Maverick,
    5-6  Medina, Menard, Real, Starr, Sutton, Uvalde, Val Verde, Webb,
    5-7  Wilson, Zapata, and Zavala.  The Fourth Court of Appeals District
    5-8  is divided into seven places.  The places are constituted as
    5-9  follows:
   5-10              (1)  Place 1 is composed of          ;
   5-11              (2)  Place 2 is composed of          ;
   5-12              (3)  Place 3 is composed of          ;
   5-13              (4)  Place 4 is composed of          ;
   5-14              (5)  Place 5 is composed of          ;
   5-15              (6)  Place 6 is composed of          ;
   5-16              (7)  Place 7 is composed of          .
   5-17        (e) <(f)>  The Fifth Court of Appeals District is composed of
   5-18  the counties of Collin, Dallas, Grayson, Hunt, Kaufman, Rockwall,
   5-19  and Van Zandt.  The Fifth Court of Appeals District is divided into
   5-20  13 places.  The places are constituted as follows:
   5-21              (1)  Place 1 is composed of          ;
   5-22              (2)  Place 2 is composed of          ;
   5-23              (3)  Place 3 is composed of          ;
   5-24              (4)  Place 4 is composed of          ;
   5-25              (5)  Place 5 is composed of          ;
   5-26              (6)  Place 6 is composed of          ;
   5-27              (7)  Place 7 is composed of          ;
    6-1              (8)  Place 8 is composed of          ;
    6-2              (9)  Place 9 is composed of          ;
    6-3              (10)  Place 10 is composed of          ;
    6-4              (11)  Place 11 is composed of          ;
    6-5              (12)  Place 12 is composed of          ;
    6-6              (13)  Place 13 is composed of          .
    6-7        (f) <(g)>  The Sixth Court of Appeals District is composed of
    6-8  the counties of Bowie, Camp, Cass, Delta, Fannin, Franklin, Gregg,
    6-9  Harrison, Hopkins, Hunt, Lamar, Marion, Morris, Panola, Red River,
   6-10  Rusk, Titus, Upshur, and Wood.  The Sixth Court of Appeals District
   6-11  is divided into three places.  The places are constituted as
   6-12  follows:
   6-13              (1)  Place 1 is composed of          ;
   6-14              (2)  Place 2 is composed of          ;
   6-15              (3)  Place 3 is composed of          .
   6-16        (g) <(h)>  The Seventh Court of Appeals District is composed
   6-17  of the counties of Armstrong, Bailey, Briscoe, Carson, Castro,
   6-18  Childress, Cochran, Collingsworth, Cottle, Crosby, Dallam, Deaf
   6-19  Smith, Dickens, Donley, Floyd, Foard, Garza, Gray, Hale, Hall,
   6-20  Hansford, Hardeman, Hartley, Hemphill, Hockley, Hutchinson, Kent,
   6-21  King, Lamb, Lipscomb, Lubbock, Lynn, Moore, Motley, Ochiltree,
   6-22  Oldham, Parmer, Potter, Randall, Roberts, Sherman, Swisher, Terry,
   6-23  Wilbarger, Wheeler, and Yoakum.  The Seventh Court of Appeals
   6-24  District is divided into four places.  The places are constituted
   6-25  as follows:
   6-26              (1)  Place 1 is composed of          ;
   6-27              (2)  Place 2 is composed of          ;
    7-1              (3)  Place 3 is composed of          ;
    7-2              (4)  Place 4 is composed of          .
    7-3        (h) <(i)>  The Eighth Court of Appeals District is composed
    7-4  of the counties of Andrews, Brewster, Crane, Crockett, Culberson,
    7-5  Ector, El Paso, Gaines, Glasscock, Hudspeth, Jeff Davis, Loving,
    7-6  Martin, Midland, Pecos, Presidio, Reagan, Reeves, Terrell, Upton,
    7-7  Ward, and Winkler.  The Eighth Court of Appeals District is divided
    7-8  into four places.  The places are constituted as follows:
    7-9              (1)  Place 1 is composed of          ;
   7-10              (2)  Place 2 is composed of          ;
   7-11              (3)  Place 3 is composed of          ;
   7-12              (4)  Place 4 is composed of          .
   7-13        (i) <(j)>  The Ninth Court of Appeals District is composed of
   7-14  the counties of Angelina, Hardin, Jasper, Jefferson, Liberty,
   7-15  Montgomery, Newton, Orange, Polk, San Jacinto, and Tyler.  The
   7-16  Ninth Court of Appeals District is divided into three places.  The
   7-17  places are constituted as follows:
   7-18              (1)  Place 1 is composed of          ;
   7-19              (2)  Place 2 is composed of          ;
   7-20              (3)  Place 3 is composed of          .
   7-21        (j) <(k)>  The Tenth Court of Appeals District is composed of
   7-22  the counties of Bosque, Brazos, Coryell, Ellis, Falls, Freestone,
   7-23  Hamilton, Hill, Johnson, Leon, Limestone, Madison, McLennan,
   7-24  Navarro, Robertson, and Somervell.  The Tenth Court of Appeals
   7-25  District is divided into three places.  The places are constituted
   7-26  as follows:
   7-27              (1)  Place 1 is composed of          ;
    8-1              (2)  Place 2 is composed of          ;
    8-2              (3)  Place 3 is composed of          .
    8-3        (k) <(l)>  The Eleventh Court of Appeals District is composed
    8-4  of the counties of Baylor, Borden, Brown, Callahan, Coleman,
    8-5  Comanche, Dawson, Eastland, Erath, Fisher, Haskell, Howard, Jones,
    8-6  Knox, Mitchell, Nolan, Palo Pinto, Scurry, Shackelford, Stephens,
    8-7  Stonewall, Taylor, and Throckmorton.  The Eleventh Court of Appeals
    8-8  District is divided into three places.  The places are constituted
    8-9  as follows:
   8-10              (1)  Place 1 is composed of          ;
   8-11              (2)  Place 2 is composed of          ;
   8-12              (3)  Place 3 is composed of          .
   8-13        (l) <(m)>  The Twelfth Court of Appeals District is composed
   8-14  of the counties of Anderson, Cherokee, Gregg, Henderson, Hopkins,
   8-15  Houston, Kaufman, Nacogdoches, Panola, Rains, Rusk, Sabine, San
   8-16  Augustine, Shelby, Smith, Upshur, Van Zandt, and Wood.  The Twelfth
   8-17  Court of Appeals District is divided into three places.  The places
   8-18  are constituted as follows:
   8-19              (1)  Place 1 is composed of          ;
   8-20              (2)  Place 2 is composed of          ;
   8-21              (3)  Place 3 is composed of          .
   8-22        (m) <(n)>  The Thirteenth Court of Appeals District is
   8-23  composed of the counties of Aransas, Bee, Calhoun, Cameron, DeWitt,
   8-24  Goliad, Gonzales, Hidalgo, Jackson, Kenedy, Kleberg, Lavaca, Live
   8-25  Oak, Matagorda, Nueces, Refugio, San Patricio, Victoria, Wharton,
   8-26  and Willacy.  The Thirteenth Court of Appeals District is divided
   8-27  into six places.  The places are constituted as follows:
    9-1              (1)  Place 1 is composed of          ;
    9-2              (2)  Place 2 is composed of          ;
    9-3              (3)  Place 3 is composed of          ;
    9-4              (4)  Place 4 is composed of          ;
    9-5              (5)  Place 5 is composed of          ;
    9-6              (6)  Place 6 is composed of          .
    9-7        (n) <(o)>  The First Court of Appeals District and the
    9-8  Fourteenth Court of Appeals District are <is> composed of the
    9-9  counties of Austin, Brazoria, Brazos, Burleson, Chambers, Colorado,
   9-10  Fort Bend, Galveston, Grimes, Harris, Trinity, Walker, Waller, and
   9-11  Washington.  The First Court of Appeals District and the Fourteenth
   9-12  Court of Appeals District are divided into 18 places.  The places
   9-13  are constituted as follows:
   9-14              (1)  Place 1 is composed of          ;
   9-15              (2)  Place 2 is composed of          ;
   9-16              (3)  Place 3 is composed of          ;
   9-17              (4)  Place 4 is composed of          ;
   9-18              (5)  Place 5 is composed of          ;
   9-19              (6)  Place 6 is composed of          ;
   9-20              (7)  Place 7 is composed of          ;
   9-21              (8)  Place 8 is composed of          ;
   9-22              (9)  Place 9 is composed of          ;
   9-23              (10)  Place 10 is composed of          ;
   9-24              (11)  Place 11 is composed of          ;
   9-25              (12)  Place 12 is composed of          ;
   9-26              (13)  Place 13 is composed of          ;
   9-27              (14)  Place 14 is composed of          ;
   10-1              (15)  Place 15 is composed of          ;
   10-2              (16)  Place 16 is composed of          ;
   10-3              (17)  Place 17 is composed of          ;
   10-4              (18)  Place 18 is composed of          .
   10-5        SECTION 4.  Section 22.203, Government Code, is amended to
   10-6  read as follows:
   10-7        Sec. 22.203.  Second Court of Appeals.  (a)  The Court of
   10-8  Appeals for the Second Court of Appeals District shall be held in
   10-9  the City of Fort Worth.
  10-10        (b)  The court may transact its business in any county in the
  10-11  district as the court determines is necessary or convenient.
  10-12        <(c)  The Court of Appeals for the Second Court of Appeals
  10-13  District is composed of a chief justice and of six justices holding
  10-14  places numbered consecutively beginning with Place 2.>
  10-15        <(d)  The designation of offices and places under this
  10-16  section identifies the offices and places for all purposes,
  10-17  including identification on official ballots for primary and
  10-18  general elections notwithstanding Section 52.092, Election Code.>
  10-19        <(e)  A vacancy in the office of justice or chief justice of
  10-20  the Court of Appeals for the Second Court of Appeals District shall
  10-21  be filled by designation of office and, in the case of a justice,
  10-22  by designation of place.>
  10-23        <(f)  The court by a majority vote of its members shall
  10-24  promulgate rules establishing a seniority system to determine which
  10-25  office and place is held by each member of the court.  The chief
  10-26  justice shall file the names and place numbers of the court members
  10-27  with the secretary of state and the clerk of the court.>
   11-1        <(g)  If any additional offices of justices of the court are
   11-2  created, the designation for those offices shall be in consecutive
   11-3  numerical order beginning with Place 8.  If two or more offices of
   11-4  justice are created to take effect the same date, and the
   11-5  legislature does not specify places for those offices, the court
   11-6  shall by rule determine places for each office.  If the court does
   11-7  not determine places before a person is appointed or elected to
   11-8  fill the initial vacancy, the places are determined by the
   11-9  seniority system established as provided by Subsection (f).>
  11-10        SECTION 5.  Section 52.092(d), Election Code, is amended to
  11-11  read as follows:
  11-12        (d)  District offices of the state government shall be listed
  11-13  in the following order:
  11-14              (1)  member, State Board of Education;
  11-15              (2)  state senator;
  11-16              (3)  state representative;
  11-17              (4)  <chief justice, court of appeals;>
  11-18              <(5)>  justice, court of appeals;
  11-19              (5) <(6)>  district judge;
  11-20              (6) <(7)>  criminal district judge;
  11-21              (7) <(8)>  family district judge;
  11-22              (8) <(9)>  district attorney;
  11-23              (9) <(10)>  criminal district attorney.
  11-24        SECTION 6.  (a)  This Act takes effect January 1, 1995, but
  11-25  only if the constitutional amendment proposed by the 73rd
  11-26  Legislature, Regular Session, 1993, authorizing the election of
  11-27  justices to the court of appeals by place is approved by the
   12-1  voters.
   12-2        (b)  This Act applies only to primary and general elections
   12-3  held on or after January 1, 1995.
   12-4        SECTION 7.  The importance of this legislation and the
   12-5  crowded condition of the calendars in both houses create an
   12-6  emergency and an imperative public necessity that the
   12-7  constitutional rule requiring bills to be read on three several
   12-8  days in each house be suspended, and this rule is hereby suspended.