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 -------------------------------------------------------------------