By Duncan, Stiles H.J.R. No. 61
74R2974 RJA-D
A JOINT RESOLUTION
1-1 proposing a constitutional amendment providing for the nonpartisan
1-2 election and retention or rejection of district judges, for the
1-3 election of certain district judges from commissioners court
1-4 precincts, and for the alteration of the terms of certain judicial
1-5 offices.
1-6 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. Section 7, Article V, Texas Constitution, is
1-8 amended to read as follows:
1-9 Sec. 7. (a) The State shall be divided into judicial
1-10 districts, with each district having one or more Judges as may be
1-11 provided by law or by this Constitution.
1-12 (b) The Legislature shall provide for the election and
1-13 retention or rejection, on a nonpartisan ballot, of Judges of the
1-14 judicial districts of this State. The Legislature shall provide
1-15 for the retention or rejection by the qualified voters of the
1-16 entire judicial district.
1-17 (c) For the State's most populous counties, as determined by
1-18 law, the Judges of judicial districts composed entirely of one of
1-19 those counties shall be elected from commissioners court precincts
1-20 in the county as provided by law. All other district judges shall
1-21 be elected from within the boundaries of the judicial district. A
1-22 district judge elected from a commissioners court precinct serves
1-23 the entire judicial district. A district judge must reside in the
1-24 judicial district, and a district judge elected from a
2-1 commissioners court precinct may, but need not, reside in the
2-2 commissioners court precinct.
2-3 (d) Each district judge shall be elected by the qualified
2-4 voters at a General Election for a term of four (4) years beginning
2-5 on a date provided by general law. A district judge elected
2-6 following the occurrence of a vacancy serves a full term of four
2-7 (4) years without regard to the term of the district judge vacating
2-8 the office, and Section 27, Article XVI, of this Constitution does
2-9 not apply in that event.
2-10 (e) A district judge must <and shall> be a citizen of the
2-11 United States and of this State, who is licensed to practice law in
2-12 this State and has been a practicing lawyer or a Judge of a Court
2-13 in this State, or both combined, for four (4) years next preceding
2-14 his election, who has resided in the judicial district in which he
2-15 was elected for two (2) years next preceding his election, <and who
2-16 shall reside in his district during his term of office and hold his
2-17 office for the period of four (4) years,> and who shall receive for
2-18 his services an annual salary to be fixed by the Legislature.
2-19 (f) The Court shall conduct its proceedings at the county
2-20 seat of the county in which the case is pending, except as
2-21 otherwise provided by law. He shall hold the regular terms of his
2-22 Court at the County Seat of each County in his district in such
2-23 manner as may be prescribed by law. The Legislature shall have
2-24 power by General or Special Laws to make such provisions concerning
2-25 the terms or sessions of each Court as it may deem necessary.
2-26 (g) The Legislature shall also provide for the holding of
2-27 District Court when the Judge thereof is absent, or is from any
3-1 cause disabled or disqualified from presiding.
3-2 (h) Section 7a(i) of this article does not affect the
3-3 election of a district judge from a commissioners court precinct
3-4 under Subsection (c) of this section.
3-5 SECTION 2. Article V, Texas Constitution, is amended by
3-6 adding Section 32 to read as follows:
3-7 Sec. 32. The legislature may alter the terms of offices
3-8 created by or under this article as necessary to implement a change
3-9 in election date for those offices, a restructuring of any part of
3-10 the judicial system, or a staggering of the terms of those offices.
3-11 SECTION 3. The following temporary provision is added to the
3-12 Texas Constitution:
3-13 TEMPORARY PROVISION. (a) This temporary provision applies
3-14 to the constitutional amendment proposed by the 74th Legislature,
3-15 Regular Session, 1995, relating to the election and retention or
3-16 rejection of district judges and to the alteration of the terms of
3-17 certain judicial offices.
3-18 (b) The constitutional amendment takes effect January 1,
3-19 1996.
3-20 (c) This temporary provision expires January 1, 2004.
3-21 SECTION 4. This proposed constitutional amendment shall be
3-22 submitted to the voters at an election to be held November 7, 1995.
3-23 The ballot shall be printed to permit voting for or against the
3-24 proposition: "The constitutional amendment providing for the
3-25 nonpartisan election and retention or rejection of district judges
3-26 and for the election of district judges from commissioners court
3-27 precincts in the state's most populous counties."