By Eiland                                             H.J.R. No. 67
       74R4865 MWV-D
                                  A JOINT RESOLUTION
    1-1  proposing a constitutional amendment changing the requirements for
    1-2  persons serving in certain judicial offices.
    1-3        BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Section 2, Article V, Texas Constitution, is
    1-5  amended to read as follows:
    1-6        Sec. 2.  (a)  The Supreme Court shall consist of the Chief
    1-7  Justice and eight Justices, any five of whom shall constitute a
    1-8  quorum, and the concurrence of five shall be necessary to a
    1-9  decision of a case; provided, that when the business of the court
   1-10  may require, the court may sit in sections as designated by the
   1-11  court to hear argument of causes  and to consider applications for
   1-12  writs of error or other preliminary matters.
   1-13        (b)  Except as provided by Subsection (d) of this section, no
   1-14  <No> person shall be eligible to serve in the office of Chief
   1-15  Justice or Justice of the Supreme Court unless the person is
   1-16  licensed to practice law in this state and is certified by a
   1-17  program created by order of the Supreme Court to certify attorneys
   1-18  as having special competence in the area of criminal law, family
   1-19  law, personal injury law, civil trial law, or civil appellate law,
   1-20  and is, at the time of election, a citizen of the United States and
   1-21  of this state, and has attained the age of thirty-five years, and
   1-22  has been a practicing lawyer, or a lawyer and judge of a court of
   1-23  record together at least ten years.
   1-24        (c)  Said Justices shall be elected (three of them each two
    2-1  years) by the qualified voters of the state at a general election;
    2-2  shall hold their offices six years, or until their successors are
    2-3  elected and qualified; and shall each receive such compensation as
    2-4  shall be provided by law.  In case of a vacancy in the office of
    2-5  the Chief Justice or any Justice of the Supreme Court, the Governor
    2-6  shall fill the vacancy until the next general election for state
    2-7  officers, and at such general election the vacancy for the
    2-8  unexpired term shall be filled by election by the qualified voters
    2-9  of the state.  <The Justices of the Supreme Court who may be in
   2-10  office at the time this amendment takes effect shall continue in
   2-11  office until the expiration of their term of office under the
   2-12  present Constitution, and until their successors are elected and
   2-13  qualified.>
   2-14        (d)  A person serving in the office of Chief Justice or
   2-15  Justice of the Supreme Court on January 1, 1996, to be eligible to
   2-16  serve in those offices, must be licensed to practice law in this
   2-17  state, be a citizen of this state and the United States, have
   2-18  attained the age of thirty-five years, and have been a practicing
   2-19  lawyer, or a lawyer and judge of a court of record together, at
   2-20  least ten years.
   2-21        SECTION 2.  Section 7, Article V, Texas Constitution, is
   2-22  amended to read as follows:
   2-23        Sec. 7.  (a)  The State shall be divided into judicial
   2-24  districts, with each district having one or more Judges as may be
   2-25  provided by law or by this Constitution.
   2-26        (b)  Except as provided by Subsections (c) and (g) of this
   2-27  section, each <Each> district judge shall be elected by the
    3-1  qualified voters at a General Election and shall be a citizen of
    3-2  the United States and of this State, who is licensed to practice
    3-3  law in this State and has been a practicing lawyer or a Judge of a
    3-4  Court in this State, or both combined, for four (4) years next
    3-5  preceding <his> election, who has resided in the district in which
    3-6  he was elected for two (2) years next preceding <his> election, and
    3-7  who shall reside in the <his> district during the judge's <his>
    3-8  term of office and hold <his> office for the period of four (4)
    3-9  years, and who shall receive for the judge's <his> services an
   3-10  annual salary to be fixed by the Legislature.
   3-11        (c)  Except as provided by Subsection (g) of this section, in
   3-12  addition to the requirements of Subsection (b) of this section the
   3-13  judge of a judicial district that includes a county with a
   3-14  population of 200,000 or more as shown by the most recent federal
   3-15  decennial census must be certified by a program created by order of
   3-16  the Supreme Court to certify attorneys as having special competence
   3-17  in one of the following areas:
   3-18              (1)  criminal law;
   3-19              (2)  family law;
   3-20              (3)  civil trial law;
   3-21              (4)  civil appellate law; or
   3-22              (5)  personal injury law.
   3-23        (d)  The Court shall conduct its proceedings at the county
   3-24  seat of the county in which the case is pending, except as
   3-25  otherwise provided by law.
   3-26        (e)  The district judge <He> shall hold the regular terms of
   3-27  <his> Court at the County Seat of each County in the <his> district
    4-1  in such manner as may be prescribed by law.  The Legislature shall
    4-2  have power by General or Special Laws to make such provisions
    4-3  concerning the terms or sessions of each Court as it may deem
    4-4  necessary.
    4-5        (f)  The Legislature shall also provide for the holding of
    4-6  District Court when the Judge thereof is absent, or is from any
    4-7  cause disabled or disqualified from presiding.
    4-8        (g)  A person serving in the office of district judge on
    4-9  January 1, 1996, to be eligible to serve as a district judge, must
   4-10  be elected by the qualified voters at a General Election, be a
   4-11  citizen of the United States and of this State, be licensed to
   4-12  practice law in this State, have been a practicing lawyer or a
   4-13  Judge of a Court in this State, or both combined, for four (4)
   4-14  years next preceding the judge's election, have resided in the
   4-15  district in which elected for two (2) years next preceding
   4-16  election, and reside in the district during the judge's term of
   4-17  office.
   4-18        SECTION 3.  This proposed constitutional amendment shall be
   4-19  submitted  to the voters at an election to be held November 7,
   4-20  1995.  The ballot shall be printed to permit voting for or against
   4-21  the following proposition:  "The constitutional amendment to
   4-22  require that justices of the supreme court and courts of appeals
   4-23  and judges of the court of criminal appeals and district courts in
   4-24  counties with populations of 200,000 or more meet certain
   4-25  requirements established by the Texas Board of Legal
   4-26  Specialization."