By: Montford S.J.R. No. 35
SENATE JOINT RESOLUTION
1-1 proposing a constitutional amendment reorganizing the judicial
1-2 branch of government and providing for discrete judicial districts.
1-3 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Article V, Section 1 of the Texas Constitution is
1-5 amended to read as follows:
1-6 Section 1. The judicial power of this State is <shall be>
1-7 vested in one Supreme Court, in one Court of Criminal Appeals, in
1-8 Courts of Appeals, in District Courts, <in County Courts, in
1-9 Commissioners Courts, in Courts of Justices of the Peace>, and in
1-10 such other courts as <may be> provided by law, provided that the
1-11 jurisdiction of all courts on the same level shall be uniform
1-12 statewide.
1-13 <The Legislature may establish such other courts as it may
1-14 deem necessary and prescribe the jurisdiction and organization
1-15 thereof, and may conform the jurisdiction of the district and other
1-16 inferior courts thereto.>
1-17 SECTION 2. Article V, Section 1-a, Subsection 2 of the Texas
1-18 Constitution are amended to read as follows:
1-19 (2) <The name of the State Judicial Qualifications
1-20 Commission is changed to the State Commission on Judicial Conduct.>
1-21 The State Commission on Judicial Conduct consists of ten (10)
1-22 <eleven (11)> members, to wit: (i) one (1) Justice of a Court of
1-23 Appeals; (ii) one (1) District Judge; (iii) two (2) members of
2-1 the State Bar, who have respectively practiced as such for over ten
2-2 (10) consecutive years next preceding their selection; (iiii) four
2-3 (4) citizens, at least thirty (30) years of age, not licensed to
2-4 practice law nor holding any salaried public office or employment;
2-5 (v) one (1) Justice of the Peace; and (vi) one (1) Judge of a
2-6 Municipal Court<; and (vii) one (1) Judge of a County Court at
2-7 Law>; provided that no person shall be or remain a member of the
2-8 Commission, who does not maintain physical residence within this
2-9 State, or who resides in, or holds a judgeship within or for, the
2-10 same Court of Appeals <Supreme Judicial> District as another member
2-11 of the Commission, or who shall have ceased to retain the
2-12 qualifications above specified for his respective class of
2-13 membership, except that the Justice of the Peace and the judge
2-14 <Judges> of a Municipal Court <and of a County Court at Law> shall
2-15 be selected at large without regard to whether they reside or hold
2-16 a judgeship in the Court of Appeals <Supreme Judicial> District as
2-17 another member of the Commission. Commissioners of classes (i)
2-18 and<,> (ii)<, and (vii)> above shall be chosen by the Supreme Court
2-19 with advice and consent of the Senate, those of class (iii) by the
2-20 Board of Directors of the State Bar under regulations to be
2-21 prescribed by the Supreme Court with advice and consent of the
2-22 Senate, those of class (iiii) by appointment of the Governor with
2-23 advice and consent of the Senate, and the commissioners of classes
2-24 (v) and (vi) by appointment of the Supreme Court as provided by law
2-25 with the advice and consent of the Senate.
3-1 SECTION 3. Article V of the Texas Constitution is amended by
3-2 adding a Section 7b to read as follows:
3-3 Sec. 7b. The Legislature shall divide the state into
3-4 discrete geographical judicial districts with no overlapping
3-5 geographical areas. Each district shall have one district court
3-6 having one or more judges. Districts composed of more than one
3-7 county shall be compact and of contiguous counties. The
3-8 legislature shall determine the number and location of districts
3-9 and the number of judges in each district and shall provide for
3-10 statewide uniform jurisdiction for the district courts.
3-11 SECTION 4. Article V, Section 15, of the Texas
3-12 Constitution, is amended to read as follows:
3-13 Sec. 15. (a) There is <shall be established> in each county
3-14 in this State a County Court, which shall be a court of record.
3-15 (b) A county judge will<; and there shall> be elected in
3-16 each county<,> by the qualified voters. A county judge will hold
3-17 office for four years, and until a successor be elected and
3-18 qualified.<, a County Judge, who>
3-19 (c) A county judge shall be well informed in the law of the
3-20 State and have other qualifications as provided by law and<;> shall
3-21 be a conservator of the peace.<, and shall hold his office for four
3-22 years, and until his successor shall be elected and qualified.>
3-23 (d) A county judge <He> shall receive <as> compensation <for
3-24 his services such fees and perquisites> as <may be> prescribed by
3-25 law.
4-1 SECTION 5. Article V, Section 20, of the Texas Constitution,
4-2 is amended to read as follows:
4-3 Sec. 20. (a) There shall be elected for each county, by the
4-4 qualified voters, a County Clerk, who shall hold <his> office for
4-5 four years, who shall be clerk of the <County and> Commissioners
4-6 Court <Courts> and recorder of the county, whose duties,
4-7 perquisites and fees of office shall be prescribed by the
4-8 Legislature.
4-9 (b) A <, and a> vacancy in the <whose> office of County
4-10 Clerk shall be filled by the Commissioners Court, until the next
4-11 general election.
4-12 (c) In a county<; provided, that in counties> having
4-13 population of less than 8,000 persons there may be an election of a
4-14 single Clerk, who shall perform the duties of District and County
4-15 Clerks.
4-16 SECTION 6. Article V, Section 24, of the Texas Constitution
4-17 is amended to read as follows:
4-18 Sec. 24. County Judges, county attorneys, district and
4-19 county clerks <of the District and County Courts>, justices of the
4-20 peace, constables, and other county officials<,> may be removed by
4-21 the Judges of the District Courts for incompetency, official
4-22 misconduct, habitual drunkenness, or other causes defined by law,
4-23 upon the cause therefor being set forth in writing and the finding
4-24 of its truth by a jury.
4-25 SECTION 7. Article V, Sections 27, and 29 of the Texas
5-1 Constitution, are repealed.
5-2 SECTION 8. Article V of the Texas Constitution is amended by
5-3 adding the following temporary provision to read as follows:
5-4 TEMPORARY PROVISION. (a) This temporary provision applies
5-5 to the constitutional amendment proposed by the 73rd Legislature,
5-6 Regular Session, 1993, reorganizing the judicial branch of
5-7 government and providing for discrete judicial districts.
5-8 (b) This constitutional amendment takes effect January 1,
5-9 1994.
5-10 (c) The judges of statutory county courts and statutory
5-11 probate courts who are in office or who take office on the
5-12 effective date of this amendment become district judges and shall
5-13 continue in office as district judges until the expiration of their
5-14 previous terms of office as judges of statutory county courts and
5-15 statutory probate courts, and until their successors are qualified.
5-16 (d) In the event a transfer or transition has not been
5-17 provided by this amendment or by law, the supreme court shall
5-18 provide for the orderly transfer or transition.
5-19 SECTION 9. This proposed constitutional amendment shall be
5-20 submitted to the voters at an election to be held November 2, 1993.
5-21 The ballot shall be printed to provide for voting for or against
5-22 the proposition: "The constitutional amendment reorganizing the
5-23 judicial branch of government and providing for discrete judicial
5-24 districts."