Bill not drafted by TLC or Senate E&E.
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By: Ellis, Carriker S.R. No. 521
SENATE RESOLUTION
1-1 WHEREAS, The United States District Court for the Western
1-2 District of Texas and the United States Court of Appeals for the
1-3 5th Circuit, on January 27, 1993, in the case of LULAC, Council No.
1-4 4434, v. Clements, have held that the state's current method of
1-5 electing district court judges, as applied in several counties,
1-6 violates Section 2 of the federal Voting Rights Act; and
1-7 WHEREAS, The policy of the State of Texas expressed in its
1-8 constitution and laws is that election of district court judges be
1-9 by partisan, popular election; and
1-10 WHEREAS, It is necessary that the policies of the state be
1-11 consistent with requirements of federal law, and it also is
1-12 desirable that the legislature express its preference for
1-13 resolution of the pending litigation; now, therefore, be it
1-14 RESOLVED, That the at-large election system for the state
1-15 district courts in the nine affected counties will be replaced by a
1-16 phased-in plan in which each affected county will be divided into
1-17 electoral subdistricts; each county will be designated a district
1-18 number and each election unit--State Representative District,
1-19 Justice of the Peace Precinct, or County Commissioner
1-20 Precinct--shall be designated a subdistrict place number; the plan
1-21 entails electoral subdistricts which are smaller than a county,
1-22 except for those district courts not changed by the Appendix
1-23 attached to this resolution; the plan uses existing State
2-1 Representative District, Justice of the Peace Precinct, or County
2-2 Commissioner Precinct lines; all election subdistricts used in this
2-3 plan are based on geographic boundaries as they existed on
2-4 January 1, 1993; and, be it further
2-5 RESOLVED, That, except for those courts not expressly covered
2-6 by this resolution and the attached Appendix, the State of Texas
2-7 agrees to eliminate the existing at-large system of electing
2-8 district judges in Dallas, Harris, Bexar, Tarrant, Travis,
2-9 Jefferson, Midland, Ector, and Lubbock counties, in the manner
2-10 detailed in the attached Appendix; in Harris, Dallas, Bexar, and
2-11 Jefferson counties, state district judges will be elected from
2-12 subdistricts comprised of Texas House of Representative Districts;
2-13 in Tarrant and Travis counties, state district judges will be
2-14 elected from subdistricts comprised of Justice of the Peace
2-15 Precincts; and in Lubbock, Midland, and Ector counties, state
2-16 district judges will be elected from subdistricts comprised of
2-17 County Commissioner Precincts; the electoral scheme for some
2-18 district courts, including those courts currently occupied by
2-19 Defendant-Intervenor F. Harold Entz (the 194th District Court in
2-20 Dallas County) and by Defendant-Intervenor Sharolyn Wood (the 127th
2-21 District Court in Harris County), are not affected by this plan and
2-22 continue to be elected at-large; and, be it further
2-23 RESOLVED, That each electoral subdistrict will elect one or
2-24 more district judges as set out in the attached Appendix; only
2-25 those voters residing within their respective electoral subdistrict
3-1 will be allowed to vote for their respective district judges; and,
3-2 be it further
3-3 RESOLVED, That for the party primaries: elections shall be
3-4 by place and by majority vote; if no candidate receives a majority
3-5 of votes cast, then the position will be filled by a run-off
3-6 election between the two candidates receiving the highest number of
3-7 votes cast for that position, all as provided by existing state
3-8 law; for the general elections, election shall be by plurality
3-9 vote, as provided by existing state law; and, be it further
3-10 RESOLVED, That, consistent with the Texas Constitution, all
3-11 candidates must reside in the county but not necessarily the
3-12 electoral subdistrict from which they seek election; all district
3-13 judges must reside in the county from which they were elected for
3-14 the entirety of their term; if any district judge no longer resides
3-15 in his or her county, a vacancy shall be declared, and the post
3-16 filled in accordance with state law; and, be it further
3-17 RESOLVED, That the electoral subdistricts created under the
3-18 attached Appendix are for the purpose of election of state district
3-19 judges only; no change in jurisdiction or venue rules is made;
3-20 consistent with Article V of the Texas Constitution, the attached
3-21 Appendix will not disturb the existing district lines of the
3-22 present judicial districts, except to the extent that it creates
3-23 electoral subdistricts within the aforementioned counties for the
3-24 purposes of electing district judges only; and, be it further
3-25 RESOLVED, That in the interim before all state district
4-1 judges in the affected counties are elected under this new
4-2 subdistricting plan, state district judges now in office shall
4-3 continue to hold their elective position until the expiration of
4-4 their respective terms; and, be it further
4-5 RESOLVED, That in the interim before all state district
4-6 judges in the affected counties are elected under this new
4-7 subdistricting plan, state district judges elected to a court for
4-8 which a subject-matter preference is statutorily provided shall
4-9 continue to hear cases in accordance with that preference until the
4-10 expiration of their respective terms; and, be it further
4-11 RESOLVED, That there shall be no right of recusal of judges,
4-12 based solely on their election under this plan; and, be it further
4-13 RESOLVED, That an official copy of this resolution be
4-14 forwarded to the attorney general of Texas as an official
4-15 expression of the sentiment of the Senate of the State of Texas.
4-16 Appendix to Settlement Agreement in
4-17 LULAC v. Attorney General of Texas,
4-18 Civil Action No. MO-88-CA-154
4-19 (W.D. Tex)
4-20 HARRIS COUNTY
4-21 District 378
4-22 The 378th Judicial District is composed of Harris County. The
4-23 following fifty district courts will be elected by subdistricts
4-24 that are coterminous with the twenty-five House Legislative seats
4-25 from Harris County: 11th, 55th, 80th, 113th, 125th, 129th, 133rd,
5-1 151st, 152nd, 157th, 164th, 165th, 174th, 176th, 178th, 179th,
5-2 180th, 182nd, 183rd, 184th, 185th, 189th, 190th, 208th, 209th,
5-3 215th, 228th, 232nd, 234th, 246th, 247th, 248th, 257th, 262nd,
5-4 263rd, 269th, 270th, 280th, 281st, 295th, 308th, 309th, 314th,
5-5 315th, 333rd, 334th, 337th, 338th, 339th, and the 351st Judical
5-6 District Courts. These courts shall be elected from the follwoing
5-7 places (two from each House Legislative district) at the time their
5-8 regular term of office expires and shall give preference to the
5-9 types of cases indicated:**
5-10 SUBDISTRICT UP FOR
5-11 PLACE PREFERENCE NUMBER ELECTION
5-12 1 Civil *HD-126 1996
5-13 2 Civil HD-127 1996
5-14 3 Civil HD-128 1994
5-15 4 Criminal HD-129 1996
5-16 5 Criminal HD-130 1996
5-17 6 Civil HD-131 1994
5-18 7 Civil HD-132 1996
5-19 8 Civil HD-133 1996
5-20 9 Civil HD-134 1996
5-21 10 Civil HD-135 1994
5-22 11 Civil HD-136 1996
5-23 12 Civil HD-137 1994
5-24 13 Civil HD-138 1994
5-25 14 Civil HD-139 1996
6-1 15 Civil HD-140 1996
6-2 16 Civil HD-141 1994
6-3 17 Civil HD-142 1994
6-4 18 Civil HD-143 1994
6-5 19 Civil HD-144 1996
6-6 20 Civil HD-145 1994
6-7 21 Civil HD-146 1996
6-8 22 Civil HD-147 1994
6-9 * "HD" indicates Texas House of Representatives Districts
6-10 ** Throughout this Appendix, where possible, preferences
6-11 designated follow local custom and practice.
6-12 Table continued...
6-13 HARRIS COUNTY (continued)
6-14 District 378
6-15 SUBDISTRICT UP FOR
6-16 PLACE PREFERENCE NUMBER ELECTION
6-17 23 Civil HD-148 1996
6-18 24 Civil HD-149 1996
6-19 25 Civil HD-150 1996
6-20 26 Criminal HD-126 1994
6-21 27 Criminal HD-127 1994
6-22 28 Criminal HD-128 1994
6-23 29 Family HD-129 1994
6-24 30 Juvenile HD-130 1994
6-25 31 Criminal HD-131 1994
7-1 32 Family HD-132 1994
7-2 33 Juvenile HD-133 1994
7-3 34 Criminal HD-134 1994
7-4 35 Family HD-135 1994
7-5 36 Criminal HD-136 1996
7-6 37 Criminal HD-137 1994
7-7 38 Criminal HD-138 1994
7-8 39 Criminal HD-139 1994
7-9 40 Criminal HD-140 1994
7-10 41 Criminal HD-141 1996
7-11 42 Criminal HD-142 1994
7-12 43 Criminal HD-143 1994
7-13 44 Criminal HD-144 1996
7-14 45 Criminal HD-145 1996
7-15 46 Criminal HD-146 1994
7-16 47 Family HD-147 1994
7-17 48 Family HD-148 1994
7-18 49 Criminal HD-149 1996
7-19 50 Criminal HD-150 1996
7-20 NOTE: The following courts are not affected by this Plan and shall
7-21 continue to be elected at-large by all voters residing in Harris
7-22 County: 127th (Judge Sharolyn Wood) (Civil - 1996), and by
7-23 seniority of non-minority incumbent: 177th (Criminal - 1996), 61st
7-24 (Civil - 1996), 230th (Criminal - 1994), 245th (Family - 1994),
7-25 310th (Family - 1994), 311th (Family - 1994), 313th (Juvenile -
8-1 1994), and the 312th (Family - 1994) Judicial District Courts.
8-2 DALLAS COUNTY
8-3 District 379
8-4 The 379th Judicial District is composed of Dallas County. The
8-5 following thirty-two district courts shall be elected by
8-6 subdistricts that are coterminous with the sixteen House
8-7 Legislative seats from Dallas County: 14th, 44th, 68th, 95th,
8-8 101st, 116th, 134th, 160th, 162nd, 191st, 192nd, 193rd, 195th,
8-9 254th, 256th, 265th, 282nd, 283rd, 291st, 292nd, 298th, 301st,
8-10 302nd, 303rd, 304th, 305th, 363rd, CD1, CD2, CD3, CD4, and the CD5
8-11 Judicial District Courts. These courts shall be elected from the
8-12 following places as their regular term of office expires and shall
8-13 give preference to the types of cases indicated:
8-14 SUBDISTRICT UP FOR
8-15 PLACE PREFERENCE NUMBER ELECTION
8-16 1 Civil HD-99 1996
8-17 2 Civil HD-100 1994
8-18 3 Criminal HD-101 1994
8-19 4 Civil HD-102 1996
8-20 5 Civil HD-103 1996
8-21 6 Civil HD-104 1994
8-22 7 Civil HD-105 1994
8-23 8 Civil HD-106 1994
8-24 9 Civil HD-107 1994
8-25 10 Criminal HD-108 1996
9-1 11 Civil HD-109 1994
9-2 12 Civil HD-110 1994
9-3 13 Civil HD-111 1994
9-4 14 Civil HD-112 1994
9-5 15 Criminal HD-113 1996
9-6 16 Civil HD-114 1994
9-7 17 Criminal HD-99 1996
9-8 18 Criminal HD-100 1994
9-9 19 Juvenile HD-101 1994
9-10 20 Criminal HD-102 1994
9-11 21 Criminal HD-103 1994
9-12 22 Criminal HD-104 1994
9-13 23 Family HD-105 1994
9-14 24 Criminal HD-106 1994
9-15 25 Criminal HD-107 1996
9-16 Table continued...
9-17 DALLAS COUNTY (continued)
9-18 District 379
9-19 SUBDISTRICT UP FOR
9-20 PLACE PREFERENCE NUMBER ELECTION
9-21 26 Family HD-108 1994
9-22 27 Family HD-109 1994
9-23 28 Criminal HD-110 1994
9-24 29 Juvenile HD-111 1994
9-25 30 Family HD-112 1994
10-1 31 Family HD-113 1994
10-2 32 Criminal HD-114 1994
10-3 NOTE: The following courts are not affected by this Plan and shall
10-4 continue to be elected at-large by all voters residing in Dallas
10-5 County: 194th (Judge F. Harold Entz) (Criminal - 1994), and by
10-6 seniority of the incumbent: 203rd (Criminal - 1994), 204th
10-7 (Criminal - 1994), 255th (Family - 1994), and the 330th (Family -
10-8 1994) Judicial District Courts.
10-9 BEXAR COUNTY
10-10 District 381
10-11 The 381st Judicial District is composed of Bexar County. The
10-12 following nineteen district courts shall be elected by subdistricts
10-13 that are coterminous with the eleven House Legislative seats from
10-14 Bexar County: 37th, 45th, 57th, 73rd, 131st, 144th, 150th, 166th,
10-15 175th, 186th, 187th, 224th, 225th, 226th, 227th, 285th, 288th,
10-16 289th, and the 290th Judicial District Courts. These courts shall
10-17 be elected from the following places as their regular term of
10-18 office expires and shall give preference to the types of cases
10-19 indicated:
10-20 SUBDISTRICT UP FOR
10-21 PLACE PREFERENCE NUMBER ELECTION
10-22 1 Civil HD-115 1994
10-23 2 Civil HD-116 1996
10-24 3 Criminal HD-117 1994
10-25 4 Civil HD-118 1994
11-1 5 Civil HD-119 1996
11-2 6 Juvenile HD-120 1994
11-3 7 Criminal HD-121 1994
11-4 8 Civil HD-122 1996
11-5 9 Criminal HD-123 1994
11-6 10 Criminal HD-124 1996
11-7 11 Civil HD-125 1996
11-8 12 Civil HD-120 1996
11-9 13 Civil HD-116 1994
11-10 14 Criminal HD-115 1994
11-11 15 Criminal HD-117 & HD-118 1994
11-12 16 Criminal HD-119 1994
11-13 17 Civil HD-121 & HD-122 1994
11-14 18 Civil HD-123 1994
11-15 19 Civil HD-124 & HD-125 1994
11-16 TARRANT COUNTY
11-17 District 380
11-18 The 380th Judicial District is composed of Tarrant County. The
11-19 following twenty-four district courts will be elected by
11-20 subdistricts that are coterminous with the eight Justice of the
11-21 Peace Precincts from Tarrant County: 17th, 48th, 67th, 96th,
11-22 141st, 153rd, 213th, 231st, 233rd, 297th, 322nd, 323rd, 324th,
11-23 325th, 342th, 348th, 352nd, 360th, 371st, 372nd, CD1, CD2, CD3, and
11-24 the CD4 Judicial District Courts. These courts shall be elected
11-25 from the following places as their regular term of office expires
12-1 and shall give preference to the types of cases indicated:
12-2 JUSTICE OF THE UP FOR
12-3 PLACE PREFERENCE PEACE PRECINCTS ELECTION
12-4 1 Civil *JP-1 1996
12-5 2 Civil JP-2 1996
12-6 3 Civil JP-3 1996
12-7 4 Civil JP-4 1996
12-8 5 Civil JP-5 1996
12-9 6 Civil JP-6 1996
12-10 7 Civil JP-7 1996
12-11 8 Civil JP-8 1996
12-12 9 Civil JP-1 1994
12-13 10 Civil JP-2 1996
12-14 11 Criminal JP-3 1994
12-15 12 Family JP-4 1994
12-16 13 Criminal JP-5 1994
12-17 14 Criminal JP-6 1994
12-18 15 Criminal JP-7 1996
12-19 16 Criminal JP-8 1994
12-20 17 Criminal JP-1 1994
12-21 18 Criminal JP-2 1994
12-22 19 Family JP-3 1994
12-23 20 Family JP-4 1994
12-24 21 Family JP-5 1994
12-25 22 Family JP-6 1996
13-1 23 Family JP-7 1994
13-2 24 Family JP-8 1994
13-3 NOTE: The following court, determined by seniority of the
13-4 incumbent, is not affected by this Plan and shall continue to be
13-5 elected at-large by all voters residing in Tarrant County: 236th
13-6 (Civil - 1994) Judicial District Court.
13-7 * "JP" indicates Justice of the Peace Precincts
13-8 TRAVIS COUNTY
13-9 District 382
13-10 The 382nd Judicial District is composed of Travis County. The
13-11 following ten district courts will be elected by subdistricts that
13-12 are coterminous with the five Justice of the Peace Precincts from
13-13 Travis County: 98th, 126th, 147th, 167th, 200th, 250th, 299th,
13-14 331st, 345th, and the 353rd Judicial District Courts. These courts
13-15 shall be elected from the following places as their regular term of
13-16 office expires and shall give preference to the types of cases
13-17 indicated:
13-18 JUSTICE OF THE UP FOR
13-19 PLACE PREFERENCE PEACE PRECINCTS ELECTION
13-20 1 Civil JP-1 1996
13-21 2 Civil JP-2 1996
13-22 3 Civil JP-3 1996
13-23 4 Civil JP-4 1996
13-24 5 Civil JP-5 1996
13-25 6 Criminal JP-1 1994
14-1 7 Criminal JP-2 1994
14-2 8 General JP-3 1994
14-3 9 General JP-4 1994
14-4 10 Criminal JP-5 1996
14-5 NOTE: The following courts, determined by seniority of the
14-6 incumbent, are not affected by this Plan and shall continue to be
14-7 elected at-large by all voters residing in Travis County: 201st
14-8 (Civil - 1994), 261st (Civil - 1994), and 53rd (Civil - 1996)
14-9 Judicial District Courts.
14-10 JEFFERSON COUNTY
14-11 District 383
14-12 The 383rd Judicial District is composed of Jefferson County. The
14-13 following six district courts will be elected by subdistricts that
14-14 are coterminous with the three House Legislative seats from
14-15 Jefferson County: 58th, 60th, 172nd, 252nd, 279th, and the 317th
14-16 Judicial District Courts. These courts shall be elected from the
14-17 following places as their regular term of office expires and shall
14-18 give preference to the types of cases indicated:
14-19 SUBDISTRICT UP FOR
14-20 PLACE PREFERENCE NUMBER ELECTION
14-21 1 Civil HD-22 1994
14-22 2 Civil HD-19 & HD-21* 1996
14-23 3 Criminal HD-22 1994
14-24 4 Civil HD-19 & HD-21* 1994
14-25 5 Family HD-22 1994
15-1 6 Family HD-19 & HD-21* 1994
15-2 * That part that is in Jefferson County.
15-3 NOTE: The following courts, determined by seniority of the
15-4 incumbent, are not affected by this Plan and shall continue to be
15-5 elected at-large by all voters residing in Jefferson County: CD
15-6 (Criminal - 1994) and the 136th (Civil - 1996) Judicial District
15-7 Courts.
15-8 LUBBOCK COUNTY
15-9 District 384
15-10 The 384th Judicial District is composed of Lubbock County. The
15-11 following four district courts will be elected by subdistricts that
15-12 are coterminous with the four County Commissioner Precincts from
15-13 Lubbock County: 99th, 140th, 237th, and the 364th Judicial
15-14 District Courts. These courts shall be elected from the following
15-15 places as their term of office expires in the following
15-16 years: Place 1 in 1998, Place 2 in 2000, Place 3 in 1996, and
15-17 Place 4 in 1998; and shall give preference to the types of cases
15-18 indicated:
15-19 COUNTY COMMISSIONER UP FOR
15-20 PLACE PREFERENCE PRECINCT ELECTION
15-21 1 General *CC-1 1998
15-22 2 General CC-2 2000
15-23 3 General CC-3 1996
15-24 4 General CC-4 1998
15-25 NOTE: The following courts are not affected by this Plan and shall
16-1 continue to be elected at-large by all voters residing in Lubbock
16-2 County: the 72nd (General - 2000) Judicial District Court (serving
16-3 Crosby and Lubbock Counties) and the 137th (General - 1998)
16-4 Judicial District Court.
16-5 * "CC" indicates County Commissioners Precincts
16-6 ECTOR COUNTY
16-7 District 385
16-8 The 385th Judicial District is composed of Ector County. The
16-9 following four district courts will be elected by subdistricts that
16-10 are coterminous with the four County Commissioner Precincts from
16-11 Ector County: 70th, 161st, 244th, and the 358th Judicial District
16-12 Courts. These courts shall be elected from the following places as
16-13 their term of office expires in the following years: Place 1 in
16-14 1998, Place 2 in 1998, Place 3 in 2000, and Place 4 in 1998; and
16-15 shall give preference to the types of cases indicated:
16-16 COUNTY COMMISSIONER UP FOR
16-17 PLACE PREFERENCE PRECINCT ELECTION
16-18 1 General CC-1 1998
16-19 2 General CC-2 1998
16-20 3 General CC-3 2000
16-21 4 General CC-4 1998
16-22 MIDLAND COUNTY
16-23 District 386
16-24 The 386th Judicial District is composed of Midland County. The
16-25 following three district courts will be elected by subdistricts
17-1 that are coterminous with the four County Commissioner Precincts
17-2 from Midland County: 142nd, 238th, and the 318th Judicial District
17-3 Courts. These courts shall be elected form the following places as
17-4 their term of office expires in the following years: Place 1 in
17-5 1998, Place 2 in 2000, and Place 3 in 1998; and shall give
17-6 preference to the types of cases indicated:
17-7 COUNTY COMMISSIONER UP FOR
17-8 PLACE PREFERENCE PRECINCT ELECTION
17-9 1 General CC-1 & CC-2 1998
17-10 2 General CC-3 2000
17-11 3 Family CC-4 1998