By: Carriker S.J.R. No. 27
73R6431 RJA-D
A JOINT RESOLUTION
1-1 proposing a constitutional amendment authorizing the legislature to
1-2 provide for the election of district judges by place.
1-3 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Article V, Section 7, of the Texas Constitution
1-5 is amended to read as follows:
1-6 Sec. 7. (a) The State shall be divided into judicial
1-7 districts, with each district having one or more Judges as may be
1-8 provided by law or by this Constitution.
1-9 (b) The Legislature may provide for the election of the
1-10 Judges of the judicial districts by place. Each point in the
1-11 county shall be included within the area of at least one place.
1-12 Each area of a place within a district shall be contiguous. The
1-13 Legislature shall redistrict the districts into places after the
1-14 publication of each federal decennial census. A Judge elected by
1-15 place serves the entire judicial district. Judges elected at the
1-16 first general election following the initial drawing of places or
1-17 following a redistricting of a county into places serve four-year
1-18 terms beginning the next January 1 following the election, and the
1-19 terms of the Judges serving in the judicial districts for which the
1-20 places are drawn expire on the day preceding that date. If an
1-21 additional judicial district is created, the Judge for that
1-22 judicial district, if elected, shall be elected from the entire
1-23 district until the first general election following the next
1-24 redistricting of that district into places.
2-1 (c) Each district judge shall be elected by the qualified
2-2 voters at a General Election and shall be a citizen of the United
2-3 States and of this State, who is licensed to practice law in this
2-4 State and has been a practicing lawyer or a Judge of a Court in
2-5 this State, or both combined, for four (4) years next preceding his
2-6 election, who has resided in the judicial district for <in> which
2-7 he was elected for two (2) years next preceding his election, and
2-8 who shall reside in his district during his term of office and,
2-9 except as provided by Subsection (b) of this section, shall hold
2-10 his office for the period of four (4) years, and who shall receive
2-11 for his services an annual salary to be fixed by the Legislature.
2-12 (d) The Court shall conduct its proceedings at the county
2-13 seat of the county in which the case is pending, except as
2-14 otherwise provided by law. He shall hold the regular terms of his
2-15 Court at the County Seat of each County in his district in such
2-16 manner as may be prescribed by law. The Legislature shall have
2-17 power by General or Special Laws to make such provisions concerning
2-18 the terms or sessions of each Court as it may deem necessary.
2-19 (e) The Legislature shall also provide for the holding of
2-20 District Court when the Judge thereof is absent, or is from any
2-21 cause disabled or disqualified from presiding.
2-22 SECTION 2. Article V, Section 7a(i), of the Texas
2-23 Constitution is repealed.
2-24 SECTION 3. The following temporary provision is added to the
2-25 Texas Constitution:
2-26 TEMPORARY PROVISION. (a) This temporary provision applies
2-27 to the constitutional amendment proposed by the 73rd Legislature,
3-1 Regular Session, 1993, authorizing the legislature to provide for
3-2 the election of district judges by place.
3-3 (b) The constitutional amendment takes effect January 1,
3-4 1996.
3-5 (c) This temporary provision takes effect on the adoption of
3-6 the amendment by the voters and expires January 1, 1997.
3-7 SECTION 4. This proposed constitutional amendment shall be
3-8 submitted to the voters at an election to be held November 8, 1994.
3-9 The ballot shall be printed to provide for voting for or against
3-10 the proposition: "The constitutional amendment authorizing the
3-11 legislature to provide for election of district judges by place."