1-1 By: Ellis, Carriker S.R. No. 521 1-2 (In the Senate - Filed March 30, 1993; March 30, 1993, read 1-3 first time and referred to Committee of the Whole; April 13, 1993, 1-4 reported favorably by the following vote: Yeas 17, Nays 13; 1-5 April 13, 1993, sent to printer.) 1-6 COMMITTEE VOTE 1-7 Yea Nay PNV Absent 1-8 Carriker x 1-9 Harris of Dallas x 1-10 Armbrister x 1-11 Barrientos x 1-12 Bivins x 1-13 Brown x 1-14 Ellis x 1-15 Haley x 1-16 Harris of Tarrant x 1-17 Henderson x 1-18 Leedom x 1-19 Lucio x 1-20 Luna x 1-21 Madla x 1-22 Moncrief x 1-23 Montford x 1-24 Nelson x 1-25 Parker x 1-26 Patterson x 1-27 Ratliff x 1-28 Rosson x 1-29 Shapiro x 1-30 Shelley x 1-31 Sibley x 1-32 Sims x 1-33 Truan x 1-34 Turner x 1-35 Wentworth x 1-36 West x 1-37 Whitmire x 1-38 Zaffirini x 1-39 Bullock x 1-40 SENATE RESOLUTION 1-41 WHEREAS, The United States District Court for the Western 1-42 District of Texas and the United States Court of Appeals for the 1-43 5th Circuit, on January 27, 1993, in the case of LULAC, Council No. 1-44 4434, v. Clements, have held that the state's current method of 1-45 electing district court judges, as applied in several counties, 1-46 violates Section 2 of the federal Voting Rights Act; and 1-47 WHEREAS, The policy of the State of Texas expressed in its 1-48 constitution and laws is that election of district court judges be 1-49 by partisan, popular election; and 1-50 WHEREAS, It is necessary that the policies of the state be 1-51 consistent with requirements of federal law, and it also is 1-52 desirable that the legislature express its preference for 1-53 resolution of the pending litigation; now, therefore, be it 1-54 RESOLVED, That the at-large election system for the state 1-55 district courts in the nine affected counties will be replaced by a 1-56 phased-in plan in which each affected county will be divided into 1-57 electoral subdistricts; each county will be designated a district 1-58 number and each election unit--State Representative District, 1-59 Justice of the Peace Precinct, or County Commissioner 1-60 Precinct--shall be designated a subdistrict place number; the plan 1-61 entails electoral subdistricts which are smaller than a county, 1-62 except for those district courts not changed by the Appendix 1-63 attached to this resolution; the plan uses existing State 1-64 Representative District, Justice of the Peace Precinct, or County 1-65 Commissioner Precinct lines; all election subdistricts used in this 1-66 plan are based on geographic boundaries as they existed on 1-67 January 1, 1993; and, be it further 1-68 RESOLVED, That, except for those courts not expressly covered 2-1 by this resolution and the attached Appendix, the State of Texas 2-2 agrees to eliminate the existing at-large system of electing 2-3 district judges in Dallas, Harris, Bexar, Tarrant, Travis, 2-4 Jefferson, Midland, Ector, and Lubbock counties, in the manner 2-5 detailed in the attached Appendix; in Harris, Dallas, Bexar, and 2-6 Jefferson counties, state district judges will be elected from 2-7 subdistricts comprised of Texas House of Representative Districts; 2-8 in Tarrant and Travis counties, state district judges will be 2-9 elected from subdistricts comprised of Justice of the Peace 2-10 Precincts; and in Lubbock, Midland, and Ector counties, state 2-11 district judges will be elected from subdistricts comprised of 2-12 County Commissioner Precincts; the electoral scheme for some 2-13 district courts, including those courts currently occupied by 2-14 Defendant-Intervenor F. Harold Entz (the 194th District Court in 2-15 Dallas County) and by Defendant-Intervenor Sharolyn Wood (the 127th 2-16 District Court in Harris County), are not affected by this plan and 2-17 continue to be elected at-large; and, be it further 2-18 RESOLVED, That each electoral subdistrict will elect one or 2-19 more district judges as set out in the attached Appendix; only 2-20 those voters residing within their respective electoral subdistrict 2-21 will be allowed to vote for their respective district judges; and, 2-22 be it further 2-23 RESOLVED, That for the party primaries: elections shall be 2-24 by place and by majority vote; if no candidate receives a majority 2-25 of votes cast, then the position will be filled by a run-off 2-26 election between the two candidates receiving the highest number of 2-27 votes cast for that position, all as provided by existing state 2-28 law; for the general elections, election shall be by plurality 2-29 vote, as provided by existing state law; and, be it further 2-30 RESOLVED, That, consistent with the Texas Constitution, all 2-31 candidates must reside in the county but not necessarily the 2-32 electoral subdistrict from which they seek election; all district 2-33 judges must reside in the county from which they were elected for 2-34 the entirety of their term; if any district judge no longer resides 2-35 in his or her county, a vacancy shall be declared, and the post 2-36 filled in accordance with state law; and, be it further 2-37 RESOLVED, That the electoral subdistricts created under the 2-38 attached Appendix are for the purpose of election of state district 2-39 judges only; no change in jurisdiction or venue rules is made; 2-40 consistent with Article V of the Texas Constitution, the attached 2-41 Appendix will not disturb the existing district lines of the 2-42 present judicial districts, except to the extent that it creates 2-43 electoral subdistricts within the aforementioned counties for the 2-44 purposes of electing district judges only; and, be it further 2-45 RESOLVED, That in the interim before all state district 2-46 judges in the affected counties are elected under this new 2-47 subdistricting plan, state district judges now in office shall 2-48 continue to hold their elective position until the expiration of 2-49 their respective terms; and, be it further 2-50 RESOLVED, That in the interim before all state district 2-51 judges in the affected counties are elected under this new 2-52 subdistricting plan, state district judges elected to a court for 2-53 which a subject-matter preference is statutorily provided shall 2-54 continue to hear cases in accordance with that preference until the 2-55 expiration of their respective terms; and, be it further 2-56 RESOLVED, That there shall be no right of recusal of judges, 2-57 based solely on their election under this plan; and, be it further 2-58 RESOLVED, That an official copy of this resolution be 2-59 forwarded to the attorney general of Texas as an official 2-60 expression of the sentiment of the Senate of the State of Texas. 2-61 Appendix to Settlement Agreement in 2-62 LULAC v. Attorney General of Texas, 2-63 Civil Action No. MO-88-CA-154 2-64 (W.D. Tex) 2-65 HARRIS COUNTY 2-66 District 378 2-67 The 378th Judicial District is composed of Harris County. The 2-68 following fifty district courts will be elected by subdistricts 2-69 that are coterminous with the twenty-five House Legislative seats 2-70 from Harris County: 11th, 55th, 80th, 113th, 125th, 129th, 133rd, 3-1 151st, 152nd, 157th, 164th, 165th, 174th, 176th, 178th, 179th, 3-2 180th, 182nd, 183rd, 184th, 185th, 189th, 190th, 208th, 209th, 3-3 215th, 228th, 232nd, 234th, 246th, 247th, 248th, 257th, 262nd, 3-4 263rd, 269th, 270th, 280th, 281st, 295th, 308th, 309th, 314th, 3-5 315th, 333rd, 334th, 337th, 338th, 339th, and the 351st Judical 3-6 District Courts. These courts shall be elected from the follwoing 3-7 places (two from each House Legislative district) at the time their 3-8 regular term of office expires and shall give preference to the 3-9 types of cases indicated:** 3-10 SUBDISTRICT UP FOR 3-11 PLACE PREFERENCE NUMBER ELECTION 3-12 1 Civil *HD-126 1996 3-13 2 Civil HD-127 1996 3-14 3 Civil HD-128 1994 3-15 4 Criminal HD-129 1996 3-16 5 Criminal HD-130 1996 3-17 6 Civil HD-131 1994 3-18 7 Civil HD-132 1996 3-19 8 Civil HD-133 1996 3-20 9 Civil HD-134 1996 3-21 10 Civil HD-135 1994 3-22 11 Civil HD-136 1996 3-23 12 Civil HD-137 1994 3-24 13 Civil HD-138 1994 3-25 14 Civil HD-139 1996 3-26 15 Civil HD-140 1996 3-27 16 Civil HD-141 1994 3-28 17 Civil HD-142 1994 3-29 18 Civil HD-143 1994 3-30 19 Civil HD-144 1996 3-31 20 Civil HD-145 1994 3-32 21 Civil HD-146 1996 3-33 22 Civil HD-147 1994 3-34 * "HD" indicates Texas House of Representatives Districts 3-35 ** Throughout this Appendix, where possible, preferences 3-36 designated follow local custom and practice. 3-37 Table continued... 3-38 HARRIS COUNTY (continued) 3-39 District 378 3-40 SUBDISTRICT UP FOR 3-41 PLACE PREFERENCE NUMBER ELECTION 3-42 23 Civil HD-148 1996 3-43 24 Civil HD-149 1996 3-44 25 Civil HD-150 1996 3-45 26 Criminal HD-126 1994 3-46 27 Criminal HD-127 1994 3-47 28 Criminal HD-128 1994 3-48 29 Family HD-129 1994 3-49 30 Juvenile HD-130 1994 3-50 31 Criminal HD-131 1994 3-51 32 Family HD-132 1994 3-52 33 Juvenile HD-133 1994 3-53 34 Criminal HD-134 1994 3-54 35 Family HD-135 1994 3-55 36 Criminal HD-136 1996 3-56 37 Criminal HD-137 1994 3-57 38 Criminal HD-138 1994 3-58 39 Criminal HD-139 1994 3-59 40 Criminal HD-140 1994 3-60 41 Criminal HD-141 1996 3-61 42 Criminal HD-142 1994 3-62 43 Criminal HD-143 1994 3-63 44 Criminal HD-144 1996 3-64 45 Criminal HD-145 1996 3-65 46 Criminal HD-146 1994 3-66 47 Family HD-147 1994 3-67 48 Family HD-148 1994 3-68 49 Criminal HD-149 1996 3-69 50 Criminal HD-150 1996 3-70 NOTE: The following courts are not affected by this Plan and shall 4-1 continue to be elected at-large by all voters residing in Harris 4-2 County: 127th (Judge Sharolyn Wood) (Civil - 1996), and by 4-3 seniority of non-minority incumbent: 177th (Criminal - 1996), 61st 4-4 (Civil - 1996), 230th (Criminal - 1994), 245th (Family - 1994), 4-5 310th (Family - 1994), 311th (Family - 1994), 313th (Juvenile - 4-6 1994), and the 312th (Family - 1994) Judicial District Courts. 4-7 DALLAS COUNTY 4-8 District 379 4-9 The 379th Judicial District is composed of Dallas County. The 4-10 following thirty-two district courts shall be elected by 4-11 subdistricts that are coterminous with the sixteen House 4-12 Legislative seats from Dallas County: 14th, 44th, 68th, 95th, 4-13 101st, 116th, 134th, 160th, 162nd, 191st, 192nd, 193rd, 195th, 4-14 254th, 256th, 265th, 282nd, 283rd, 291st, 292nd, 298th, 301st, 4-15 302nd, 303rd, 304th, 305th, 363rd, CD1, CD2, CD3, CD4, and the CD5 4-16 Judicial District Courts. These courts shall be elected from the 4-17 following places as their regular term of office expires and shall 4-18 give preference to the types of cases indicated: 4-19 SUBDISTRICT UP FOR 4-20 PLACE PREFERENCE NUMBER ELECTION 4-21 1 Civil HD-99 1996 4-22 2 Civil HD-100 1994 4-23 3 Criminal HD-101 1994 4-24 4 Civil HD-102 1996 4-25 5 Civil HD-103 1996 4-26 6 Civil HD-104 1994 4-27 7 Civil HD-105 1994 4-28 8 Civil HD-106 1994 4-29 9 Civil HD-107 1994 4-30 10 Criminal HD-108 1996 4-31 11 Civil HD-109 1994 4-32 12 Civil HD-110 1994 4-33 13 Civil HD-111 1994 4-34 14 Civil HD-112 1994 4-35 15 Criminal HD-113 1996 4-36 16 Civil HD-114 1994 4-37 17 Criminal HD-99 1996 4-38 18 Criminal HD-100 1994 4-39 19 Juvenile HD-101 1994 4-40 20 Criminal HD-102 1994 4-41 21 Criminal HD-103 1994 4-42 22 Criminal HD-104 1994 4-43 23 Family HD-105 1994 4-44 24 Criminal HD-106 1994 4-45 25 Criminal HD-107 1996 4-46 Table continued... 4-47 DALLAS COUNTY (continued) 4-48 District 379 4-49 SUBDISTRICT UP FOR 4-50 PLACE PREFERENCE NUMBER ELECTION 4-51 26 Family HD-108 1994 4-52 27 Family HD-109 1994 4-53 28 Criminal HD-110 1994 4-54 29 Juvenile HD-111 1994 4-55 30 Family HD-112 1994 4-56 31 Family HD-113 1994 4-57 32 Criminal HD-114 1994 4-58 NOTE: The following courts are not affected by this Plan and shall 4-59 continue to be elected at-large by all voters residing in Dallas 4-60 County: 194th (Judge F. Harold Entz) (Criminal - 1994), and by 4-61 seniority of the incumbent: 203rd (Criminal - 1994), 204th 4-62 (Criminal - 1994), 255th (Family - 1994), and the 330th (Family - 4-63 1994) Judicial District Courts. 4-64 BEXAR COUNTY 4-65 District 381 4-66 The 381st Judicial District is composed of Bexar County. The 4-67 following nineteen district courts shall be elected by subdistricts 4-68 that are coterminous with the eleven House Legislative seats from 4-69 Bexar County: 37th, 45th, 57th, 73rd, 131st, 144th, 150th, 166th, 4-70 175th, 186th, 187th, 224th, 225th, 226th, 227th, 285th, 288th, 5-1 289th, and the 290th Judicial District Courts. These courts shall 5-2 be elected from the following places as their regular term of 5-3 office expires and shall give preference to the types of cases 5-4 indicated: 5-5 SUBDISTRICT UP FOR 5-6 PLACE PREFERENCE NUMBER ELECTION 5-7 1 Civil HD-115 1994 5-8 2 Civil HD-116 1996 5-9 3 Criminal HD-117 1994 5-10 4 Civil HD-118 1994 5-11 5 Civil HD-119 1996 5-12 6 Juvenile HD-120 1994 5-13 7 Criminal HD-121 1994 5-14 8 Civil HD-122 1996 5-15 9 Criminal HD-123 1994 5-16 10 Criminal HD-124 1996 5-17 11 Civil HD-125 1996 5-18 12 Civil HD-120 1996 5-19 13 Civil HD-116 1994 5-20 14 Criminal HD-115 1994 5-21 15 Criminal HD-117 & HD-118 1994 5-22 16 Criminal HD-119 1994 5-23 17 Civil HD-121 & HD-122 1994 5-24 18 Civil HD-123 1994 5-25 19 Civil HD-124 & HD-125 1994 5-26 TARRANT COUNTY 5-27 District 380 5-28 The 380th Judicial District is composed of Tarrant County. The 5-29 following twenty-four district courts will be elected by 5-30 subdistricts that are coterminous with the eight Justice of the 5-31 Peace Precincts from Tarrant County: 17th, 48th, 67th, 96th, 5-32 141st, 153rd, 213th, 231st, 233rd, 297th, 322nd, 323rd, 324th, 5-33 325th, 342th, 348th, 352nd, 360th, 371st, 372nd, CD1, CD2, CD3, and 5-34 the CD4 Judicial District Courts. These courts shall be elected 5-35 from the following places as their regular term of office expires 5-36 and shall give preference to the types of cases indicated: 5-37 JUSTICE OF THE UP FOR 5-38 PLACE PREFERENCE PEACE PRECINCTS ELECTION 5-39 1 Civil *JP-1 1996 5-40 2 Civil JP-2 1996 5-41 3 Civil JP-3 1996 5-42 4 Civil JP-4 1996 5-43 5 Civil JP-5 1996 5-44 6 Civil JP-6 1996 5-45 7 Civil JP-7 1996 5-46 8 Civil JP-8 1996 5-47 9 Civil JP-1 1994 5-48 10 Civil JP-2 1996 5-49 11 Criminal JP-3 1994 5-50 12 Family JP-4 1994 5-51 13 Criminal JP-5 1994 5-52 14 Criminal JP-6 1994 5-53 15 Criminal JP-7 1996 5-54 16 Criminal JP-8 1994 5-55 17 Criminal JP-1 1994 5-56 18 Criminal JP-2 1994 5-57 19 Family JP-3 1994 5-58 20 Family JP-4 1994 5-59 21 Family JP-5 1994 5-60 22 Family JP-6 1996 5-61 23 Family JP-7 1994 5-62 24 Family JP-8 1994 5-63 NOTE: The following court, determined by seniority of the 5-64 incumbent, is not affected by this Plan and shall continue to be 5-65 elected at-large by all voters residing in Tarrant County: 236th 5-66 (Civil - 1994) Judicial District Court. 5-67 * "JP" indicates Justice of the Peace Precincts 5-68 TRAVIS COUNTY 5-69 District 382 5-70 The 382nd Judicial District is composed of Travis County. The 6-1 following ten district courts will be elected by subdistricts that 6-2 are coterminous with the five Justice of the Peace Precincts from 6-3 Travis County: 98th, 126th, 147th, 167th, 200th, 250th, 299th, 6-4 331st, 345th, and the 353rd Judicial District Courts. These courts 6-5 shall be elected from the following places as their regular term of 6-6 office expires and shall give preference to the types of cases 6-7 indicated: 6-8 JUSTICE OF THE UP FOR 6-9 PLACE PREFERENCE PEACE PRECINCTS ELECTION 6-10 1 Civil JP-1 1996 6-11 2 Civil JP-2 1996 6-12 3 Civil JP-3 1996 6-13 4 Civil JP-4 1996 6-14 5 Civil JP-5 1996 6-15 6 Criminal JP-1 1994 6-16 7 Criminal JP-2 1994 6-17 8 General JP-3 1994 6-18 9 General JP-4 1994 6-19 10 Criminal JP-5 1996 6-20 NOTE: The following courts, determined by seniority of the 6-21 incumbent, are not affected by this Plan and shall continue to be 6-22 elected at-large by all voters residing in Travis County: 201st 6-23 (Civil - 1994), 261st (Civil - 1994), and 53rd (Civil - 1996) 6-24 Judicial District Courts. 6-25 JEFFERSON COUNTY 6-26 District 383 6-27 The 383rd Judicial District is composed of Jefferson County. The 6-28 following six district courts will be elected by subdistricts that 6-29 are coterminous with the three House Legislative seats from 6-30 Jefferson County: 58th, 60th, 172nd, 252nd, 279th, and the 317th 6-31 Judicial District Courts. These courts shall be elected from the 6-32 following places as their regular term of office expires and shall 6-33 give preference to the types of cases indicated: 6-34 SUBDISTRICT UP FOR 6-35 PLACE PREFERENCE NUMBER ELECTION 6-36 1 Civil HD-22 1994 6-37 2 Civil HD-19 & HD-21* 1996 6-38 3 Criminal HD-22 1994 6-39 4 Civil HD-19 & HD-21* 1994 6-40 5 Family HD-22 1994 6-41 6 Family HD-19 & HD-21* 1994 6-42 * That part that is in Jefferson County. 6-43 NOTE: The following courts, determined by seniority of the 6-44 incumbent, are not affected by this Plan and shall continue to be 6-45 elected at-large by all voters residing in Jefferson County: CD 6-46 (Criminal - 1994) and the 136th (Civil - 1996) Judicial District 6-47 Courts. 6-48 LUBBOCK COUNTY 6-49 District 384 6-50 The 384th Judicial District is composed of Lubbock County. The 6-51 following four district courts will be elected by subdistricts that 6-52 are coterminous with the four County Commissioner Precincts from 6-53 Lubbock County: 99th, 140th, 237th, and the 364th Judicial 6-54 District Courts. These courts shall be elected from the following 6-55 places as their term of office expires in the following 6-56 years: Place 1 in 1998, Place 2 in 2000, Place 3 in 1996, and 6-57 Place 4 in 1998; and shall give preference to the types of cases 6-58 indicated: 6-59 COUNTY COMMISSIONER UP FOR 6-60 PLACE PREFERENCE PRECINCT ELECTION 6-61 1 General *CC-1 1998 6-62 2 General CC-2 2000 6-63 3 General CC-3 1996 6-64 4 General CC-4 1998 6-65 NOTE: The following courts are not affected by this Plan and shall 6-66 continue to be elected at-large by all voters residing in Lubbock 6-67 County: the 72nd (General - 2000) Judicial District Court (serving 6-68 Crosby and Lubbock Counties) and the 137th (General - 1998) 6-69 Judicial District Court. 6-70 * "CC" indicates County Commissioners Precincts 7-1 ECTOR COUNTY 7-2 District 385 7-3 The 385th Judicial District is composed of Ector County. The 7-4 following four district courts will be elected by subdistricts that 7-5 are coterminous with the four County Commissioner Precincts from 7-6 Ector County: 70th, 161st, 244th, and the 358th Judicial District 7-7 Courts. These courts shall be elected from the following places as 7-8 their term of office expires in the following years: Place 1 in 7-9 1998, Place 2 in 1998, Place 3 in 2000, and Place 4 in 1998; and 7-10 shall give preference to the types of cases indicated: 7-11 COUNTY COMMISSIONER UP FOR 7-12 PLACE PREFERENCE PRECINCT ELECTION 7-13 1 General CC-1 1998 7-14 2 General CC-2 1998 7-15 3 General CC-3 2000 7-16 4 General CC-4 1998 7-17 MIDLAND COUNTY 7-18 District 386 7-19 The 386th Judicial District is composed of Midland County. The 7-20 following three district courts will be elected by subdistricts 7-21 that are coterminous with the four County Commissioner Precincts 7-22 from Midland County: 142nd, 238th, and the 318th Judicial District 7-23 Courts. These courts shall be elected form the following places as 7-24 their term of office expires in the following years: Place 1 in 7-25 1998, Place 2 in 2000, and Place 3 in 1998; and shall give 7-26 preference to the types of cases indicated: 7-27 COUNTY COMMISSIONER UP FOR 7-28 PLACE PREFERENCE PRECINCT ELECTION 7-29 1 General CC-1 & CC-2 1998 7-30 2 General CC-3 2000 7-31 3 Family CC-4 1998 7-32 * * * * * 7-33 Austin, Texas 7-34 April 13, 1993 7-35 Hon. Bob Bullock 7-36 President of the Senate 7-37 Sir: 7-38 We, your Committee of the Whole to which was referred S.R. No. 521, 7-39 have had the same under consideration, and I am instructed to 7-40 report it back to the Senate with the recommendation that it do 7-41 pass and be printed. 7-42 Carriker, Chairman 7-43 * * * * * 7-44 WITNESSES 7-45 FOR AGAINST ON 7-46 ___________________________________________________________________ 7-47 Name: Chief Justice Tom Phillips x 7-48 Representing: Himself 7-49 City: Austin 7-50 ------------------------------------------------------------------- 7-51 Name: Attorney General Dan Morales x 7-52 Representing: Himself 7-53 City: Austin 7-54 ------------------------------------------------------------------- 7-55 Name: Alex Short x 7-56 Representing: Texas Civil Justice League 7-57 City: Austin 7-58 ------------------------------------------------------------------- 7-59 Name: James H. Holmes III x 7-60 Representing: Tx. Assoc. of Defense Counsel 7-61 City: Dallas 7-62 ------------------------------------------------------------------- 7-63 Name: Jeffrey Travillion x 7-64 Representing: State/Local NAACP 7-65 City: Austin 7-66 ------------------------------------------------------------------- 7-67 Name: Ted B. Roberts x 7-68 Representing: Texas Assoc. of Business 7-69 City: Austin 7-70 ------------------------------------------------------------------- 8-1 Name: Olga Lara x 8-2 Representing: MALDEF 8-3 City: New Braunfels 8-4 ------------------------------------------------------------------- 8-5 Name: Gabrielle K. McDonald x 8-6 Representing: Houston Lawyers' Assoc. 8-7 City: Austin 8-8 ------------------------------------------------------------------- 8-9 Name: Javier Guajardo x 8-10 Representing: Office of the Attorney Gen. 8-11 City: Austin 8-12 ------------------------------------------------------------------- 8-13 Name: Javier Guajardo x 8-14 Representing: Office of the Attorney Gen. 8-15 City: Austin 8-16 -------------------------------------------------------------------