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."