By:  Montford                                         S.J.R. No. 38
                                SENATE JOINT RESOLUTION
    1-1  proposing a constitutional amendment merging the court of criminal
    1-2  appeals into the supreme court.
    1-3        BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Article I, Section 11a, of the Texas Constitution
    1-5  is amended to read as follows:
    1-6        Sec. 11a.  Any person (1) accused of a felony less than
    1-7  capital in this State, who has been theretofore twice convicted of
    1-8  a felony, the second conviction being subsequent to the first, both
    1-9  in point of time of commission of the offense and conviction
   1-10  therefore, (2) accused of a felony less than capital in the State,
   1-11  committed while on bail for a prior felony for which he has been
   1-12  indicted, or (3) accused of a felony less than capital in this
   1-13  State involving the use of a deadly weapon after being convicted of
   1-14  a prior felony, after a hearing, and upon evidence substantially
   1-15  showing the guilt of the accused of the offense in (1) or (3) above
   1-16  or of the offense committed while on bail in (2) above, may be
   1-17  denied bail pending trial, by a district judge of this State, if
   1-18  said order denying bail pending trial is issued within seven
   1-19  calendar days subsequent to the time of incarceration of the
   1-20  accused; provided, however, that if the accused is not accorded a
   1-21  trial upon the accusation under (1) or (3) above or the accusation
   1-22  and indictment used under (2) above within sixty (60) days from the
   1-23  time of his incarceration upon the accusation, the order denying
    2-1  bail shall be automatically set aside, unless a continuance is
    2-2  obtained upon the motion or request of the accused; provided,
    2-3  further, that the right of appeal to the Supreme Court <Court of
    2-4  Criminal Appeals> of this State is expressly accorded the accused
    2-5  for a review of any judgment or order made hereunder, and said
    2-6  appeal shall be given preference by the Supreme Court <Court of
    2-7  Criminal Appeals>.
    2-8        SECTION 2.  Article V, Section 1 of the Texas Constitution is
    2-9  amended to read as follows:
   2-10        Section 1.  The judicial power of this State is <shall be>
   2-11  vested in one Supreme Court, <in one Court of Criminal Appeals,> in
   2-12  Courts of Appeals, in District Courts, in County Courts, in
   2-13  Commissioners Courts, in Courts of Justices of the Peace, and in
   2-14  such other courts as <may be> provided by law.
   2-15        The Legislature may establish such other courts as it may
   2-16  deem necessary and prescribe the jurisdiction and organization
   2-17  thereof, and may conform the jurisdiction of the district and other
   2-18  inferior courts thereto.
   2-19        SECTION 3.  Article V, Section 2, of the Texas Constitution
   2-20  is amended to read as follows:
   2-21        Sec. 2.  (a)  The Supreme Court of Texas consists of the
   2-22  Chief Justice of Texas and fourteen <eight> Justices, and such
   2-23  other officials as provided by law <any five of whom shall
   2-24  constitute a quorum, and the concurrence of five shall be necessary
   2-25  to a decision of a case; provided, that when the business of the
    3-1  court may require, the court may sit in sections as designated by
    3-2  the court to hear argument of causes and to consider applications
    3-3  for writs of error or other preliminary matters>.  Seven of the
    3-4  justices comprise the civil division of the supreme court and seven
    3-5  justices comprise the criminal division.  Four members of a
    3-6  division constitute a quorum, and the concurrence of four shall be
    3-7  necessary to a decision in a case.  A division may sit en banc or
    3-8  in sections as designated by the division to hear argument of cases
    3-9  and to consider applications for writs of error or other
   3-10  preliminary matters, but a majority of the division is necessary to
   3-11  decide a case.  The Chief Justice may sit on either division, as
   3-12  provided by court rule.  The Supreme Court may determine by rule
   3-13  how conflicts between divisions should be resolved and under what
   3-14  circumstances the Chief Justice may call the court to sit en banc.
   3-15        (b)  To <No person shall be eligible to> serve in the office
   3-16  of Chief Justice or Justice of the Supreme Court a <unless the>
   3-17  person must be <is> licensed to practice law in this state and
   3-18  <is>, at the time of election or appointment, a citizen of the
   3-19  United States and a resident of this state, of <and has attained>
   3-20  the age of thirty-five years, and have <has> been a practicing
   3-21  lawyer, or a practicing lawyer and a judge of a court of record
   3-22  together at least ten years.
   3-23        (c)  Each Justice <Said Justices> shall be elected to either
   3-24  the civil division of the criminal division of the Supreme Court
   3-25  <(three of them each two years)> by the qualified voters of the
    4-1  state at a general election for a term of<; shall hold their
    4-2  offices> six years, or until their successors are elected and
    4-3  qualified, <;> and shall <each> receive such compensation as <shall
    4-4  be> provided by law.
    4-5        (d)  In case of a vacancy in the office of the Chief Justice
    4-6  or any Justice of the Supreme Court, the Governor shall fill the
    4-7  vacancy until the next general election for state officers, and at
    4-8  such general election the vacancy for the unexpired term shall be
    4-9  filled by election by the qualified voters of the state.  <The
   4-10  Justices of the Supreme Court who may be in office at the time this
   4-11  amendment takes effect shall continue in office until the
   4-12  expiration of their term of office under the present Constitution,
   4-13  and until their successors are elected and qualified.>
   4-14        SECTION 4.  Article V, Section 3, of the Texas Constitution
   4-15  is amended to read as follows:
   4-16        Sec. 3.  (a)  The Supreme Court is the highest court of the
   4-17  state and shall exercise the judicial power of the state except as
   4-18  otherwise provided in this Constitution.  Its jurisdiction shall be
   4-19  co-extensive with the limits of the State and its determinations
   4-20  shall be final <except in criminal law matters>.  Its appellate
   4-21  jurisdiction shall be final and shall extend to all cases except
   4-22  <in criminal law matters and> as otherwise provided in this
   4-23  Constitution or by law.
   4-24        (b)  The appeal of all cases in which the death penalty has
   4-25  been assessed shall be to the Supreme Court.  The Supreme Court
    5-1  may, in its discretion and on its own motion, review a decision of
    5-2  a court of appeals as provided by law.  The appeal of all other
    5-3  cases shall be to the courts of appeals as prescribed by law.
    5-4        (c)  The Supreme Court and the Justices thereof shall have
    5-5  power to issue writs of habeas corpus, and <as may be prescribed by
    5-6  law, and under such regulations as may be prescribed by law, the
    5-7  said courts and the Justices thereof may issue> the writs of
    5-8  mandamus, procedendo, certiorari and other such writs, as may be
    5-9  necessary to enforce its jurisdiction.  The Legislature may confer
   5-10  original jurisdiction on the Supreme Court to issue writs of quo
   5-11  warranto and mandamus in such cases as may be specified, except as
   5-12  against the Governor of the State.
   5-13        (d)  The Supreme Court shall <also> have power, upon
   5-14  affidavit or otherwise as determined by the court <may be
   5-15  determined>, to ascertain <such> matters of fact as <may be>
   5-16  necessary to the proper exercise of its jurisdiction.  <The Supreme
   5-17  Court shall appoint a clerk, who shall give bond in such manner as
   5-18  is now or may hereafter, be required by law, and he may hold his
   5-19  office for four years and shall be subject  to removal by said
   5-20  court for good cause entered of record on the minutes of said court
   5-21  who shall receive such compensation as the Legislature may
   5-22  provide.>
   5-23        (e)  The supreme court has jurisdiction to answer questions
   5-24  of state law certified from a federal appellate court under rules
   5-25  of procedure as promulgated by the court.
    6-1        (f)  The legislature shall have the power to provide by law
    6-2  for an appeal direct to the supreme court from an order of any
    6-3  trial court granting or denying an interlocutory or permanent
    6-4  injunction on the grounds of the constitutionality or
    6-5  unconstitutionality of any statute of this state, or on the
    6-6  validity or invalidity of any administrative order issued by any
    6-7  state agency under any statute of this state.
    6-8        (g)  The supreme court may sit at any time during the year at
    6-9  the seat of government for the transaction of business and each
   6-10  term thereof shall begin and end with each calendar year.
   6-11        SECTION 5.  Article V, Section 7a, Subsection (b), Texas
   6-12  Constitution, is amended to read as follows:
   6-13        (b)  The membership of the board consists of the Chief
   6-14  Justice of <the> Texas <Supreme Court>, who serves as chairman, and
   6-15  such other persons as provided by law <the presiding judge of the
   6-16  Texas Court of Criminal Appeals, the presiding judge of each of the
   6-17  administrative judicial districts of the state, the president of
   6-18  the Texas Judicial Council, and one person who is licensed to
   6-19  practice law in this state appointed by the governor with the
   6-20  advice and consent of the senate for a term of four years.  In the
   6-21  event of a vacancy in the appointed membership, the vacancy is
   6-22  filled for the unexpired term in the same manner as the original
   6-23  appointment>.
   6-24        SECTION 6.  Article V, Section 11, of the Texas Constitution,
   6-25  is amended to read as follows:
    7-1        Sec. 11.  (a)  A justice or <No> judge may not <shall> sit in
    7-2  any case in which the justice or judge is <wherein he may be>
    7-3  interested, or in which <where> either of the parties is related to
    7-4  the justice or judge <may be connected with him>, either by
    7-5  affinity or consanguinity, within the <such a> degree <as may be>
    7-6  prescribed by law<, or when he shall have been counsel in the
    7-7  case.>  A justice or judge may not sit in any case in which the
    7-8  justice or judge has represented a party, or other situations where
    7-9  the justice or judge has a conflict proscribed by law.
   7-10        (b)  When the Supreme Court, <the Court of Criminal Appeals,>
   7-11  a <the> Court of <Civil> Appeals, or any member of those courts is
   7-12  <either, shall be thus> disqualified to hear and determine any case
   7-13  <or cases> in the <said> court, the Chief Justice shall certify
   7-14  that fact <same shall be certified> to the Governor.  The Governor
   7-15  <of the State, who> shall immediately commission the requisite
   7-16  number of persons having the same qualifications as a member of the
   7-17  court <learned in the law> for the trial and determination of the
   7-18  case <such cause or causes>.
   7-19        (c)  When a judge of the District Court is disqualified to
   7-20  hear and determine any case in the judge's court, another judge or
   7-21  <by any of the causes above stated, the parties may, by consent,
   7-22  appoint a proper person to try said case; or upon their failing to
   7-23  do so,> a <competent> person having the same qualifications as
   7-24  required for the judge of that court shall <may> be appointed to
   7-25  try the case <same> in the county where it is pending, <in such
    8-1  manner> as <may be> prescribed by law.
    8-2        (d)  The <And the> District Judges may exchange districts, or
    8-3  hold court <courts> for each other when they deem it expedient, and
    8-4  shall do so when required by law.  <This disqualification of judges
    8-5  of inferior tribunals shall be remedied and vacancies in their
    8-6  offices filled as may be prescribed by law.>
    8-7        SECTION 7.  Article V, Section 28, of the Texas Constitution
    8-8  is amended to read as follows:
    8-9        Sec. 28.  <Vacancies in Offices of Judges of Superior Courts
   8-10  to be Filled By The Governor.> (a)  Vacancies in the offices
   8-11  <office> of justices and judges of the Supreme Court<, the Court of
   8-12  Criminal Appeals>, the Courts <Court> of <Civil> Appeals and the
   8-13  District Courts shall be filled by the Governor until the next
   8-14  succeeding General Election.
   8-15        (b)  Vacancies<; and vacancies> in the office of County Judge
   8-16  and Justices of the Peace shall be filled by the Commissioners
   8-17  Court until the next succeeding General Election.
   8-18        SECTION 8.  Article V, Section 31, Subsection (c), of the
   8-19  Texas Constitution is amended to read as follows:
   8-20        (c)  The <legislature may delegate to the> Supreme Court may
   8-21  <or Court of Criminal Appeals the power to> promulgate such other
   8-22  rules as authorized <by law or> by this Constitution or by law,
   8-23  subject to such limitations and procedures as <may be> provided by
   8-24  law.
   8-25        SECTION 9.  Article V, Sections 3a, 3-b, 3-c, 4, and 5 of the
    9-1  Texas Constitution, are repealed.
    9-2        SECTION 10.  Article V of the Texas Constitution is amended
    9-3  by adding the following temporary provision to read as follows:
    9-4        TEMPORARY PROVISION.  (a)  This temporary provision applies
    9-5  to the constitutional amendment proposed by the 73rd Legislature,
    9-6  Regular Session, 1993, merging the court of criminal appeals into
    9-7  the supreme court.
    9-8        (b)  This constitutional amendment takes effect January 1,
    9-9  1994.
   9-10        (c)  The court of criminal appeals is abolished and all
   9-11  matters pending therein are transferred to the supreme court.  The
   9-12  supreme court shall assume full jurisdiction of the matters and
   9-13  shall have full power and authority to dispose of them and to
   9-14  execute or otherwise give effect to all orders, judgments, and
   9-15  decrees issued by the court of criminal appeals.  The supreme court
   9-16  succeeds to all records and property of the court of criminal
   9-17  appeals.
   9-18        (d)  All argued but undecided cases in the court of criminal
   9-19  appeals on the effective date of this amendment shall be decided by
   9-20  the justices of the supreme court who immediately prior to the
   9-21  effective date of this amendment were judges of the court of
   9-22  criminal appeals, but announced as decisions of the supreme court,
   9-23  notwithstanding the majority required by Section 2 (a) of Article V
   9-24  as amended by this amendment.  Motions for rehearing of any such
   9-25  cases shall be granted or denied by the same justices and if
   10-1  granted heard and acted upon by them.
   10-2        (e)  Except to the extent inconsistent with the provisions of
   10-3  this amendment, all laws and rules of court in force on the
   10-4  effective date of this amendment shall continue in effect until
   10-5  superseded as authorized by law.  Any reference in a law or rule to
   10-6  the court of criminal appeals shall be deemed to be a reference to
   10-7  the supreme court.
   10-8        (f)  On the effective date of this amendment, the Chief
   10-9  Justice of the Supreme Court and the other eight justices of the
  10-10  supreme court become justices of the civil division of the supreme
  10-11  court for the same terms of office held as justices of the supreme
  10-12  court immediately prior to the effective date of this amendment.
  10-13  The Presiding Judge and the other eight judges of the court of
  10-14  criminal appeals become justices of the criminal division of the
  10-15  supreme court for the same terms of office held as judges of the
  10-16  court of criminal appeals immediately prior to the effective date
  10-17  of this amendment.  The combined Supreme Court shall designate one
  10-18  of its members to serve as Chief Justice of Texas for a term to
  10-19  expire December 31, 1994.  Beginning with the primary and general
  10-20  elections in 1994, the Chief Justice of Texas shall be elected by
  10-21  the voters of the state for a term of office to expire December 31,
  10-22  2000, and each six years thereafter.
  10-23        (g)  After the effective date of this amendment, the office
  10-24  of the first two justices of the civil division of the supreme
  10-25  court and the first two justices of the criminal division who cease
   11-1  to be members of the supreme court by reason of death, removal,
   11-2  resignation, retirement, or failure to file for reelection, shall
   11-3  cease to exist on the date of death, removal, resignation, or
   11-4  retirement, or at the end of the current term of office if the
   11-5  incumbent justice does not file for reelection.  The death,
   11-6  removal, resignation, or retirement of an incumbent justice after
   11-7  having been defeated at a primary or general election does not
   11-8  terminate the office.
   11-9        (h)  Notwithstanding the requirements of Article V, Section
  11-10  2, of this constitution, until the number of justices in a division
  11-11  of the supreme court is reduced to seven, a majority of the number
  11-12  of justices in that division shall constitute a quorum of that
  11-13  division, and the concurrence of a majority of the number of
  11-14  justices in that division shall be necessary to a decision of a
  11-15  case by that division.
  11-16        (i)  In the event a transfer or transition has not been
  11-17  provided by this amendment or by law, the supreme court shall
  11-18  provide for the orderly transfer or transition.
  11-19        (j)  This temporary provision expires on the date the Supreme
  11-20  Court becomes composed of the Chief Justice and fourteen justices
  11-21  by operation of subsection (g) of this temporary provision.
  11-22        SECTION  11.  This proposed constitutional amendment shall be
  11-23  submitted to the votes at an election to be held November 2, 1993.
  11-24  The ballot shall be printed to provide for voting for or against
  11-25  the proposition:  "The constitutional amendment merging the court
   12-1  of criminal appeals into the supreme court."