By Duncan, Stiles                                     H.J.R. No. 60
       74R2973 RJA-D
                                  A JOINT RESOLUTION
    1-1  proposing a constitutional amendment providing for the appointment
    1-2  of appellate justices and judges by the governor with retention
    1-3  elections on a nonpartisan ballot of those justices and judges and
    1-4  for the alteration of the terms of certain judicial offices.
    1-5        BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Sections 2, 4, 6, and 28, Article V, Texas
    1-7  Constitution, are amended to read as follows:
    1-8        Sec. 2.  (a)  The Supreme Court shall consist of the Chief
    1-9  Justice and eight Justices, any five of whom shall constitute a
   1-10  quorum, and the concurrence of five shall be necessary to a
   1-11  decision of a case; provided, that when the business of the court
   1-12  may require, the court may sit in sections as designated by the
   1-13  court to hear argument of causes and to consider applications for
   1-14  writs of error or other preliminary matters.
   1-15        (b)  No person shall be eligible to serve in the office of
   1-16  Chief Justice or Justice of the Supreme Court unless the person is
   1-17  licensed to practice law in this state and is, at the time of
   1-18  election, a citizen of the United States and of this state, and has
   1-19  attained the age of thirty-five years, and has been a practicing
   1-20  lawyer, or a lawyer and judge of a court of record together at
   1-21  least ten years.
   1-22        (c)  Said Chief Justice and Justices shall be subject, in the
   1-23  manner provided by law, to retention or rejection on a nonpartisan
   1-24  ballot <elected (three of them each two years)> by the qualified
    2-1  voters of the state at a general election; and on retention by the
    2-2  voters shall hold their offices six years, or until their
    2-3  successors are <elected and> qualified.  On appointment to a
    2-4  vacancy as provided by Section 28, Article V, of this Constitution,
    2-5  a Chief Justice or a Justice serves an initial term that ends
    2-6  January 1 of the first odd-numbered year that begins more than 18
    2-7  months after the Chief Justice or Justice takes the oath of office.
    2-8        (d)  The Chief Justice and Justices <; and> shall each
    2-9  receive such compensation as shall be provided by law.  <In case of
   2-10  a vacancy in the office of the Chief Justice or any Justice of the
   2-11  Supreme Court, the Governor shall fill the vacancy until the next
   2-12  general election for state officers, and at such general election
   2-13  the vacancy for the unexpired term shall be filled by election by
   2-14  the qualified voters of the state.  The Justices of the Supreme
   2-15  Court who may be in office at the time this amendment takes effect
   2-16  shall continue in office until the expiration of their term of
   2-17  office under the present Constitution, and until their successors
   2-18  are elected and qualified.>
   2-19        Sec. 4.  (a)  The Court of Criminal Appeals shall consist of
   2-20  eight Judges and one Presiding Judge.
   2-21        (b)  The Judges shall have the same qualifications and
   2-22  receive the same salaries as the Associate Justices of the Supreme
   2-23  Court, and the Presiding Judge shall have the same qualifications
   2-24  and receive the same salary as the Chief Justice of the Supreme
   2-25  Court.
   2-26        (c)  The Presiding Judge and the Judges shall be subject, in
   2-27  the manner provided by law, to retention or rejection on a
    3-1  nonpartisan ballot <elected> by the qualified voters of the state
    3-2  at a general election and on retention by the voters shall hold
    3-3  their offices for a term of six years.  On appointment to a vacancy
    3-4  as provided by Section 28, Article V, of this Constitution, a
    3-5  Presiding Judge or Judge serves an initial term that ends January 1
    3-6  of the first odd-numbered year that begins more than 18 months
    3-7  after the Presiding Judge or Judge takes the oath of office.  <In
    3-8  case of a vacancy in the office of a Judge of the Court of Criminal
    3-9  Appeals, the Governor shall, with the advice and consent of the
   3-10  Senate, fill said vacancy by appointment until the next succeeding
   3-11  general election.>
   3-12        (d)  For the purpose of hearing cases, the Court of Criminal
   3-13  Appeals may sit in panels of three Judges, the designation thereof
   3-14  to be under rules established by the court.  In a panel of three
   3-15  Judges, two Judges shall constitute a quorum and the concurrence of
   3-16  two Judges shall be necessary for a decision.  The Presiding Judge,
   3-17  under rules established by the court, shall convene the court en
   3-18  banc for the transaction of all other business and may convene the
   3-19  court en banc for the purpose of hearing cases.  The court must sit
   3-20  en banc during proceedings involving capital punishment and other
   3-21  cases as required by law.  When convened en banc, five Judges shall
   3-22  constitute a quorum and the concurrence of five Judges shall be
   3-23  necessary for a decision.  The Court of Criminal Appeals may
   3-24  appoint Commissioners in aid of the Court of Criminal Appeals as
   3-25  provided by law.
   3-26        Sec. 6.  (a)  The state shall be divided into courts of
   3-27  appeals districts, with each district having a Chief Justice, two
    4-1  or more other Justices, and such other officials as may be provided
    4-2  by law.  The Justices shall have the qualifications prescribed for
    4-3  Justices of the Supreme Court.
    4-4        (b)  The Court of Appeals may sit in sections as authorized
    4-5  by law.  The concurrence of a majority of the Justices <judges>
    4-6  sitting in a section is necessary to decide a case.  Said Court of
    4-7  Appeals shall have appellate jurisdiction co-extensive with the
    4-8  limits of their respective districts, which shall extend to all
    4-9  cases of which the District Courts or County Courts have original
   4-10  or appellate jurisdiction, under such restrictions and regulations
   4-11  as may be prescribed by law.  Provided, that the decision of said
   4-12  courts shall be conclusive on all questions of fact brought before
   4-13  them on appeal or error.  Said courts shall have such other
   4-14  jurisdiction, original and appellate, as may be prescribed by law.
   4-15        (c)  Each of said Courts of Appeals shall hold its sessions
   4-16  at a place in its district to be designated by the Legislature, and
   4-17  at such time as may be prescribed by law.
   4-18        (d)  Said Chief Justices and Justices shall be subject, in
   4-19  the manner provided by law, to retention or rejection on a
   4-20  nonpartisan ballot <elected> by the qualified voters of their
   4-21  respective districts at a general election, and on retention by the
   4-22  voters serve for a term of six years.  On appointment to a vacancy
   4-23  as provided by Section 28, Article V, of this Constitution, a Chief
   4-24  Justice or Justice serves an initial term that ends January 1 of
   4-25  the first odd-numbered year that begins more than 18 months after
   4-26  the Chief Justice or Justice takes the oath of office.
   4-27        (e)  The Chief Justice and Justices <and> shall receive for
    5-1  their services the compensation <sum> provided by law.
    5-2        (f)  Each Court of Appeals shall appoint a clerk in the same
    5-3  manner as the clerk of the Supreme Court which clerk shall receive
    5-4  such compensation as may be fixed by law.
    5-5        (g)  All constitutional and statutory references to the
    5-6  Courts of Civil Appeals shall be construed to mean the Courts of
    5-7  Appeals.
    5-8        Sec. 28.  (a)  Vacancies in the office of judges of the
    5-9  Supreme Court, the Court of Criminal Appeals, and the Courts
   5-10  <Court> of <Civil> Appeals <and the District Courts> shall be
   5-11  filled by the Governor from a list of nominees submitted to the
   5-12  Governor by the appropriate court commission as provided by law.
   5-13  The Governor may reject all names on any list submitted under this
   5-14  subsection and require a new list to be submitted.
   5-15        (b)  The Governor shall fill vacancies under this section so
   5-16  that the persons serving in those offices fairly reflect the
   5-17  geographic distribution and ethnic and racial composition of the
   5-18  population of the district served by the court or the state, as
   5-19  applicable, according to the most recent federal decennial census.
   5-20        (c)  An appointment by the Governor under this section is
   5-21  subject to Senate confirmation in the manner provided by  this
   5-22  Constitution.  The Senate, in confirming appointments under this
   5-23  section, shall ensure that the persons serving in those offices
   5-24  fairly reflect the geographic distribution and ethnic and racial
   5-25  composition of the population of the district served by the court
   5-26  or the state, as applicable, according to the most recent federal
   5-27  decennial census.
    6-1        (d)  The Legislature shall provide for the membership, terms,
    6-2  and jurisdiction of one or more court commissions and for the
    6-3  filling of vacancies if the Governor or a commission fails to act
    6-4  within the prescribed time and under the provisions of law.
    6-5  Notwithstanding Section 1, Article II, of this Constitution, the
    6-6  authorities appointing members of a court commission may be persons
    6-7  of more than one department of government, and the Legislature may
    6-8  provide for Senate confirmation of appointments made by any
    6-9  authority to such a commission or to fill a judicial office.
   6-10        (e)  Vacancies in the office of judges of the District Courts
   6-11  shall be filled by the Governor until the next succeeding General
   6-12  Election.
   6-13        (f)  Vacancies<; and vacancies> in the office of County Judge
   6-14  and Justices of the Peace shall be filled by the Commissioners
   6-15  Court until the next succeeding General Election.
   6-16        SECTION 2.  Article V, Texas Constitution, is amended by
   6-17  adding Section 32 to read as follows:
   6-18        Sec. 32.  The legislature may alter the terms of offices
   6-19  created by or under this article as necessary to implement a change
   6-20  in election date for those offices, a restructuring of any part of
   6-21  the judicial system, or a staggering of the terms of those offices.
   6-22        SECTION 3.  The following temporary provision is added to the
   6-23  Texas Constitution:
   6-24        TEMPORARY PROVISION.  (a)  This temporary provision applies
   6-25  to the constitutional amendment relating to the appointment of
   6-26  appellate justices and judges by the governor and retention
   6-27  elections on a nonpartisan ballot of those justices and judges.
    7-1        (b)  The constitutional amendment takes effect January 1,
    7-2  1996.
    7-3        (c)  Each supreme court justice, court of criminal appeals
    7-4  judge, and court of appeals justice in office January 1, 1996,
    7-5  unless otherwise removed as provided by law, continues in office
    7-6  for the term to which elected.
    7-7        (d)  Each supreme court justice, court of criminal appeals
    7-8  judge, and court of appeals justice who is in office January 1,
    7-9  1996, is subject to retention or rejection, in the manner provided
   7-10  by law, at the general election preceding the expiration of the
   7-11  regular or unexpired term for which each was elected or appointed.
   7-12  A vacancy does not exist in those offices until the expiration of
   7-13  the term of the person who held the office January 1, 1996, or
   7-14  until that person does not hold the office, whichever occurs first.
   7-15        (e)  This temporary provision expires January 1, 2004.
   7-16        SECTION 4.  This proposed constitutional amendment shall be
   7-17  submitted to the voters at an election to be held on November 7,
   7-18  1995.  The ballot shall be printed to permit voting for or against
   7-19  the proposition:  "The constitutional amendment providing for the
   7-20  governor to fill vacancies in the offices of appellate justices and
   7-21  judges from a list of nominees submitted by a court commission and
   7-22  providing for retention elections on a nonpartisan ballot for those
   7-23  justices and judges."