BILL ANALYSIS
S.J.R. 26
By: Ellis (Thompson/Alonzo)
C.S.S.J.R. 26
By: Thompson/Alonzo
05-09-95
Committee Report (Substituted)
BACKGROUND
Countywide, multidistrict at-large elections in urban areas
exist now only in the context of judicial elections. Such election
systems have been traditionally employed in order to dilute
minority voting strength and to deny racial minorities the ability
to elect candidates of their choice. Texas is currently defending
a number of suits challenging countywide, multimember, at-large
elections for judicial candidates in urban areas.
Because of its rich history of racial discrimination and voter
intimidation, Texas is subject to Section 5 of federal Voting
Rights Act, which requires Texas to preclear changes in its
elections system to ensure that racial minority voting strength is
not diluted. The U.S. Justice Department has refused to preclear
any new multimember, urban district or county courts in Texas since
1989.
PURPOSE
This proposed constitutional amendment authorizes the
Legislature (1) to require the election of justices of the Supreme
Court, judges of the Court of Criminal Appeals, and justice of the
Courts of Appeal from single-member districts and (2) to allow the
Legislature to establish election subdistricts for the district
courts.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not
expressly grant any additional rulemaking authority to a state
officer, department, agency or institution.
SECTION BY SECTION ANALYSIS
SECTION 1 subdivides and amends Sections 2, 4, 6, and 7,
Article V, Texas Constitution, as follows:
Sec. 2 is amended to provide for the election of Supreme
Court Justices from single-member districts drawn by the
legislature.
Sec. 2(a) amends current language to provide that
the Supreme Court consists of nine justices, instead of
a chief justice and eight justices.
Sec. 2(b) strikes "chief justice or," from and adds
"or appointment" to the qualifications provisions; "a
resident" is added before "of the state" for
clarification; new language requires a justice to be a
resident of the district and to maintain residence in
the district during the term of office.
Sec. 2(c) provides that the justices of the supreme
court choose the chief justice to serve at will.
Sec. 2(d) provides for staggered terms for supreme
court justices in elections from single-member
districts.
Sec. 2(e) provides that Supreme Court districts
shall be drawn by the Legislature following every
census, that all districts be substantially equal in
population and contiguous, and that, after an election
following the census, the judges shall draw lots for
staggered terms.
Sec. 2(f) consists of current language that the
supreme court justices' compensation shall be provided
by law; current language concerning terms of office and
staggered terms is deleted.
Sec. 2(g) consists of current language providing for
gubernatorial appointments to fill supreme court
vacancies with reelection at the next general election;
outdated language concerning the grandfathering of
justices in office at the time of passage of the
amendment to Article V, Section 2, is deleted;
clarifying language that the appointments must be made
with the advice and consent of the Senate as provided
by Tex. Const. art. IV, § 12, and art. V, § 28, is
added.
Sec. 4 is amended to provide for the election of Court
of Criminal Appeals from single-member districts drawn by the
legislature.
Sec. 4(a) provides that the court of criminal
appeals consists of nine judges, instead of eight judges
and a presiding judge.
Sec. 4(b) strikes the presiding judge from the list
of court of criminal appeals judges who must have the
same qualifications and receive the same salary as
justices of the supreme court. New language requires
residency in the appellate district and in the election
district.
Sec. 4(c) provides that the judges of the court of
criminal appeals choose the presiding judge to serve at
will.
Sec. 4(d) provides that judges of the court of
criminal appeals shall be elected from single-member
districts drawn by the Legislature to serve staggered,
six-year terms.
Sec. 4(e) provides that Court of Criminal Appeals
districts shall be drawn by the Legislature following
every census, that all districts be substantially equal
in population and contiguous, and that, after an
election following the census, the judges shall draw
lots for staggered terms.
Sec. 4(f) provides that vacancies on the Court of
Criminal Appeals shall be filled by gubernatorial
appointment until the next general election; clarifying
language that the appointments must be made with the
advice and consent of the Senate as provided by Tex.
Const. art. IV, § 12, and art. V, § 28, is added.
Sec. 4(g) consists of current language.
Sec. 6 is amended to provide for the election of Appeals
Court Justices from single-member districts drawn by the
legislature.
Sec. 6(a) consists of unamended current language.
Sec. 6(b) provides that an appellate justice must be
a resident of the appellate district and the election
subdistrict.
Sec. 6(c) provides that justices of an appellate
district shall choose a chief justice to serve at will.
Sec. 6(d) requires that justices of appellate
districts be elected from single-member districts drawn
by the Legislature to serve staggered terms.
Sec. 6(e) provides that appellate election districts
shall be drawn by the Legislature following every
census, that all districts be substantially equal in
population and contiguous, and that, after an election
following the census, the judges shall draw lots for
staggered terms.
Sec. 6(f) strikes a provision that appellate
justices be elected by the voters of the district.
Retained, current language allows each court of appeals
to appoint a clerk and provides that justices receive
compensation as provided by law.
Sec. 6(g) contains unamended current language.
Sec. 6(h) provides for gubernatorial appointments to
fill vacancies.
Sec. 7 is amended to allow the legislature to provide
for the election of certain district judges by subdistrict.
Sec. 7(a) consists of unamended current language.
Sec. 7(b) authorizes the Legislature to provide for the
election of district judges from election districts smaller
than a county, provides for gender neutral language, provides
that a judge elected from an election subdistrict is not
required to reside in the subdistrict, and provides that the
Legislature shall redistrict district judge election
subdistricts following every census.
Sec. 7(c) amends current language to provide for gender
neutral language.
Sec. 7(d) in the substitute consists of current
language.
SECTION 2. This section adds a new Subsection (j) to Section
7a, Article V, Texas Constitution, to provide that the prohibition
against a judicial district being smaller than a district does not
apply to a county covered by Section 7b of this Article.
SECTION 3 adds a new Section 7b to Article V, Texas
Constitution, to provide that if the Legislature fails to
redistrict the state into single-member districts or subdistricts
as required by Sections 2, 4, 6, or 7, of this article that the
Legislative Redistricting Board shall draw the districts or
subdistricts.
SECTION 4. Temporary provisions for the effective date and
application of this proposed constitutional amendment.
SECTION 5. Ballot date. Ballot wording.
COMPARISON OF ORIGINAL TO SUBSTITUTE
Section 1 of the substitute amends Tex. Const. art. V, §§ 2,
4, 6, and 7; Section 1 in the original resolution amended Sections
2, 4, 6, 7 and 28 of Article V.
In both versions, Sec. 2 of art. V is subdivided. In
the substitute, Sec. 2(a) was amended to provide that the
Supreme Court consists of nine justices, instead of a chief
justice and eight justices; Sec. 2(a) was not amended in the
original resolution.
Sec. 2(b) in the substitute strikes "chief justice or,"
and adds "or appointment" from the qualifications provisions;
"a resident" is added before "of the state" for clarification;
new language requires a justice to be a resident of the
district and to maintain residence in the district during the
term of office; Sec. 2(b) was not amended in the original
resolution.
Secs. 2(c), (d), and (e) in the substitute consist of
new language.
Sec. 2(c) in the substitute provides that the justices
of the supreme court choose the chief justice to serve at
will. Sec. 2(c) in the original resolution provided that
justices of the supreme court be reelected, at the first
general election more than 18 months following appointment, in
an unopposed statewide retention election for a term of six
years; a provision for staggered terms was deleted.
Sec. 2(d) in the substitute provides for staggered terms
for supreme court justices in elections from single-member
districts. Sec. 2(d) in the original resolution provides that
the supreme court justices' compensation shall be provided by
law; current language concerning gubernatorial appointments on
vacancies to fill supreme court benches until the next general
election was deleted.
Sec. 2(e) in the substitute provides that Supreme Court
districts shall be drawn by the Legislature following every
census, that all districts be substantially equal in
population and contiguous, and that, after an election
following the census, the judges shall draw lots for staggered
terms. No Section 2(e) and no such provisions were in the
original resolution.
Sec. 2(f) in the substitute provides that the supreme
court justices' compensation shall be provided by law; current
language concerning terms of office and staggered terms is
deleted. Similar, but not identical, language appeared in
Sec. 2(d) of the original bill; the original resolution did
not contain a Sec. 2(f).
Sec. 2(g) in the substitute provides for gubernatorial
appointments to fill supreme court vacancies with reelection
at the next general election; outdated language concerning the
grandfathering of justices in office at the time of passage of
the amendment to Article V, Section 2, is deleted. There was
no Sec. 2(f) in the original resolution.
Sec. 4 in both versions was subdivided.
Sec. 4(a) in the substitute provides that the court of
criminal appeals consists of nine judges, instead of a eight
judges and a presiding judge as is current law and as appeared
in Sec. 4(a) of the original resolution.
Sec. 4(b) in the substitute strikes the presiding judge
from the list of court of criminal appeals judges who must
have the same qualifications and receive the same salary as
justices of the supreme court. New language requires
residency in the appellate district and in the election
district. Sec. 4(b) in the original resolution consisted of
current language on qualifications and salary.
Sec. 4(c) in the substitute provides that the judges of
the court of criminal appeals choose the presiding judge to
serve at will. Sec. 4(c) in the original resolution provided
that judges of the court of criminal appeals be reelected, at
the first general election more than 18 months following
appointment, in an unopposed statewide retention election for
a term of six years; a provision for gubernatorial
appointments following a vacancy was deleted.
Sec. 4(d) in the substitute provides that judges of the
court of criminal appeals shall be elected from single-member
districts drawn by the Legislature to serve staggered, six-year terms. Sec. 4(d) in the original resolution consisted of
current language.
Sec. 4(e) in the substitute provides that Court of
Criminal Appeals districts shall be drawn by the Legislature
following every census, that all districts be substantially
equal in population and contiguous, and that, after an
election following the census, the judges shall draw lots for
staggered terms. No Section 4(e) and no such provisions were
in the original resolution.
Sec. 4(f) in the substitute provides that vacancies on
the Court of Criminal Appeals shall be filled by gubernatorial
appointment until the next general election. There is no
Section 4(f) in the original resolution.
Sec. 4(g) in the substitute consists of current
language. This was Sec. 4(d) in the original resolution.
Sec. 6 in both versions were subdivided.
Sec. 6(a) in the substitute consists of current language
and appears as Secs. 6(a), (b) and (c) in the original
resolution.
Sec. 6(b) in the substitute provides that an appellate
justice must be a resident of the appellate district and the
election subdistrict. No such provision appears in the
original resolution.
Sec. 6(c) in the substitute provides that justices of
an appellate district shall choose a chief justice to serve at
will. No such provision appears in the original resolution.
Sec. 6(d) requires that justices of appellate districts
be elected from single-member districts drawn by the
Legislature to serve staggered terms. No such provision
appears in the original bill. Sec. 6(d) in the original
resolution provides that an appellate justice be reelected, at
the first general election more than 18 months following
appointment, in an unopposed statewide retention election for
a term of six years; a provision for gubernatorial
appointments following a vacancy was deleted.
Sec. 6(e) in the substitute provides that appellate
election districts shall be drawn by the Legislature following
every census, that all districts be substantially equal in
population and contiguous, and that, after an election
following the census, the judges shall draw lots for staggered
terms. Sec. 6(e) in the original resolution provided that
appellate justices receive compensation as provided by law.
Sec. 6(f) in the substitute allows each court of appeals
to appoint a clerk and provides that justices receive
compensation as provided by law. Similar language appears in
Secs. 6(e) and (f) in the original resolution.
Sec. 6(g) in both versions is the same.
Sec. 6(h) in the substitute provides for gubernatorial
appointments to fill vacancies. There was no Sec. 6(h) in the
original resolution.
Section 7 in both versions was subdivided.
Sec. 7(a) is the same in both versions.
Sec. 7(b) authorizes the Legislature to provide for the
election of district judges from election districts smaller
than a county, provides for gender neutral language, provides
that a judge elected from an election subdistrict is not
required to reside in the subdistrict, and provides that the
Legislature shall redistrict district judge election
subdistricts following every census. Sec. 7(b) in the
original resolution authorizes the Legislature to provide for
districtwide retention elections.
Sec. 7(c) in the substitute provides for gender neutral
language. Sec. 7(c) in the original provided that, in
populous counties, judges may be elected from commissioners
precincts, although such judges need not be residents of the
commissioners precinct.
Sec. 7(d) in the substitute consists of current
language. Sec. 7(d) in the original resolution provided for
four-year terms for a district judge even in the event of a
judge elected to fill a vacancy, regardless of the term of the
judge being replaced.
Sec. 7(e) in the original resolution removed a four-year
residency in the district requirement from the qualifications
provisions for a district judge. The qualifications
provisions in the substitute appear in Sec. 7(b) and are
basically unchanged from current law.
Secs. 7(f) and (g) in the original resolution consist
of current language and appear as Secs. 7(c) and (d) in the
substitute.
Sec. 7(h) in the original bill provides that Tex. Const.
art. V, § 7a(i), does not affect this section. No Sec. 7(h)
and no such provision appears in the substitute.
Sec. 28 in the original resolution was amended to
provide that justices of the supreme court, judges of the
court of criminal appeals and justices of the appellate courts
shall be appointed by the governor to reflect the geographic,
ethnic and racial distribution of the state. Sec. 28 was not
amended in the substitute.
Section 2 in the substitute adds Subsec. (j) to Tex. Const.
art. V, § 7a, to provide that Section 7a does not apply to county
covered by Section 7b. Section 2 in the original resolution added
a new Section 32 to Article V of the Texas Constitution to
authorize the Legislature to change the terms of a judicial office.
Section 3 of the substitute adds a new Section 7b to Article
V of the Texas Constitution. to provide that if the Legislature
fails to redistrict judicial election districts following a census,
the Legislative Redistricting Board shall adopt a redistricting
order concerning judicial election districts. No such provision
appeared in the original resolution.
Section 4 in the substitute is a temporary provision
concerning the effective date of this resolution, the application
of the resolution, and an expiration date of the temporary
provision. This was Section 3 in the original resolution.
Section 5 in the substitute is the ballot date and ballot
wording, changed to reflect the substitute. This was Section 4 in
the original resolution.
SUMMARY OF COMMITTEE ACTION
Pursuant to a public notice posted on May 8, 1995 and pursuant
to an announcement made on May 9, 1995, while the House was still
in session, the Committee on Judicial Affairs met in a formal
meeting on May 9, 1995, to consider S.J.R. 26. The Chair laid out
S.J.R. 26 and explained. The Chair, offered, laid out and
explained a complete committee substitute. Rep. Thompson moved
adoption of the substitute. The motion prevailed by the following
record vote: 5 ayes, 2 nays, 0 PNV and 2 absent. Rep. Thompson
moved that S.J.R. 26, as substituted, be reported favorably back to
the full House with the recommendation that it do pass, be printed
and sent to the Calendars Committee. The motion prevailed by the
following record vote: 5 ayes, 2 nays, 0 PNV, 2 absent.