By: Carriker S.J.R. No. 23
73R5345 RJA-D
A JOINT RESOLUTION
1-1 proposing a constitutional amendment relating to the composition of
1-2 the supreme court and the court of criminal appeals and authorizing
1-3 the legislature to provide for the election of judges of those
1-4 courts from single-member districts.
1-5 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Article V, Section 2, of the Texas Constitution
1-7 is amended to read as follows:
1-8 Sec. 2. (a) The Supreme Court shall consist of nine <the
1-9 Chief Justice and eight> Justices, any five of whom shall
1-10 constitute a quorum, and the concurrence of five shall be necessary
1-11 to a decision of a case; provided, that when the business of the
1-12 court may require, the court may sit in sections as designated by
1-13 the court to hear argument of causes and to consider applications
1-14 for writs of error or other preliminary matters.
1-15 (b) No person shall be eligible to serve in the office of
1-16 <Chief Justice or> Justice of the Supreme Court unless the person
1-17 is licensed to practice law in this state and is, at the time of
1-18 election or appointment, a citizen of the United States and a
1-19 resident of this state, and has attained the age of thirty-five
1-20 years, and has been a practicing lawyer, or a lawyer and judge of a
1-21 court of record together at least ten years.
1-22 (c) Except as provided by Subsection (f) of this section,
1-23 the <Said> Justices shall be elected (three of them each two years)
1-24 by the qualified voters of the state at a general election; shall
2-1 hold their offices six years, or until their successors are elected
2-2 and qualified; and shall each receive such compensation as shall be
2-3 provided by law.
2-4 (d) The Justices shall select one of the Justices to serve
2-5 as Chief Justice in the manner provided by the Legislature.
2-6 (e) In case of a vacancy in the office of <the Chief Justice
2-7 or> any Justice of the Supreme Court, the Governor shall fill the
2-8 vacancy until the next general election for state officers, and at
2-9 such general election the vacancy for the unexpired term shall be
2-10 filled by election by the qualified voters of the state.
2-11 (f) The Legislature may establish a system of judicial
2-12 selection for Justices that provides for election by place from
2-13 single-member districts. The Supreme Court districts shall be
2-14 contiguous. The Legislature shall redistrict the Supreme Court
2-15 districts after the publication of each federal decennial census.
2-16 At the first general election following an initial redistricting or
2-17 following a decennial redistricting, Justices shall be elected from
2-18 all districts, and after taking office they shall draw lots so that
2-19 three of them serve six-year terms, three serve four-year terms,
2-20 and three serve two-year terms. <The Justices of the Supreme Court
2-21 who may be in office at the time this amendment takes effect shall
2-22 continue in office until the expiration of their term of office
2-23 under the present Constitution, and until their successors are
2-24 elected and qualified.>
2-25 SECTION 2. Article V, Section 4, of the Texas Constitution
2-26 is amended to read as follows:
2-27 Sec. 4. (a) The Court of Criminal Appeals shall consist of
3-1 nine <eight> Judges <and one Presiding Judge>.
3-2 (b) The Judges shall have the same qualifications and
3-3 receive the same salaries as the <Associate> Justices of the
3-4 Supreme Court<, and the Presiding Judge shall have the same
3-5 qualifications and receive the same salary as the Chief Justice of
3-6 the Supreme Court>.
3-7 (c) Except as provided by Subsection (e) of this section,
3-8 <The Presiding Judge and> the Judges shall be elected by the
3-9 qualified voters of the state at a general election and shall hold
3-10 their offices for a term of six years. In case of a vacancy in the
3-11 office of a Judge of the Court of Criminal Appeals, the Governor
3-12 shall, with the advice and consent of the Senate, fill said vacancy
3-13 by appointment until the next succeeding general election.
3-14 (d) The Judges shall select one of the Judges to serve as
3-15 Presiding Judge in the manner provided by the Legislature.
3-16 (e) The Legislature may establish a system of judicial
3-17 selection for Judges that provides for election by place from
3-18 single-member districts. The Court of Criminal Appeals districts
3-19 shall be contiguous. The Legislature shall redistrict the Court of
3-20 Criminal Appeals districts after the publication of each federal
3-21 decennial census. At the first general election following an
3-22 initial redistricting or following a decennial redistricting,
3-23 Judges shall be elected from all districts, and after taking office
3-24 they shall draw lots so that three of them serve six-year terms,
3-25 three serve four-year terms, and three serve two-year terms.
3-26 (f) For the purpose of hearing cases, the Court of Criminal
3-27 Appeals may sit in panels of three Judges, the designation thereof
4-1 to be under rules established by the court. In a panel of three
4-2 Judges, two Judges shall constitute a quorum and the concurrence of
4-3 two Judges shall be necessary for a decision. The Presiding Judge,
4-4 under rules established by the court, shall convene the court en
4-5 banc for the transaction of all other business and may convene the
4-6 court en banc for the purpose of hearing cases. The court must sit
4-7 en banc during proceedings involving capital punishment and other
4-8 cases as required by law. When convened en banc, five Judges shall
4-9 constitute a quorum and the concurrence of five Judges shall be
4-10 necessary for a decision. The Court of Criminal Appeals may
4-11 appoint Commissioners in aid of the Court of Criminal Appeals as
4-12 provided by law.
4-13 SECTION 3. The following temporary provision is added to the
4-14 Texas Constitution:
4-15 TEMPORARY PROVISION. (a) This temporary provision applies
4-16 to the constitutional amendment proposed by the 73rd Legislature,
4-17 Regular Session, 1993, authorizing the legislature to provide for
4-18 the election of justices of the supreme court and judges of the
4-19 court of criminal appeals from single-member districts.
4-20 (b) The constitutional amendment takes effect January 1,
4-21 1995.
4-22 (c) This temporary provision takes effect on the adoption of
4-23 the amendment by the voters and expires January 1, 1996.
4-24 SECTION 4. This proposed constitutional amendment shall be
4-25 submitted to the voters at an election to be held November 8, 1994.
4-26 The ballot shall be printed to provide for voting for or against
4-27 the proposition: "The constitutional amendment authorizing the
5-1 legislature to provide for election of supreme court justices and
5-2 court of criminal appeals judges from single-member districts."