By Dutton                                             H.J.R. No. 78
       74R4473 MLR-D
                                  A JOINT RESOLUTION
    1-1  proposing a constitutional amendment relating to the qualifications
    1-2  of judges of district courts.
    1-3        BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Section 7, Article V, Texas Constitution, is
    1-5  amended to read as follows:
    1-6        Sec. 7.  (a)  The State shall be divided into judicial
    1-7  districts, with each district having one or more Judges as may be
    1-8  provided by law or by this Constitution.
    1-9        (b)  Each district judge shall be elected by the qualified
   1-10  voters at a General Election and shall be a citizen of the United
   1-11  States and of this State, who is licensed to practice law in this
   1-12  State and has been a practicing lawyer or a Judge of a Court in
   1-13  this State, or both combined, for four (4) years next preceding his
   1-14  election, who has resided in the district in which he was elected
   1-15  for two (2) years next preceding his election, <and> who shall
   1-16  reside in his district during his term of office and hold his
   1-17  office for the period of four (4) years, who is a qualified elector
   1-18  of this State, who has not held the office of district attorney,
   1-19  county attorney, or criminal district attorney or who has not been
   1-20  an assistant prosecutor in one of those offices for four (4) years
   1-21  next preceding his election, and who shall receive for his services
   1-22  an annual salary to be fixed by the Legislature.
   1-23        (c)  The Court shall conduct its proceedings at the county
   1-24  seat of the county in which the case is pending, except as
    2-1  otherwise provided by law.  He shall hold the regular terms of his
    2-2  Court at the County Seat of each County in his district in such
    2-3  manner as may be prescribed by law.  The Legislature shall have
    2-4  power by General or Special Laws to make such provisions concerning
    2-5  the terms or sessions of each Court as it may deem necessary.
    2-6        (d)  The Legislature shall also provide for the holding of
    2-7  District Court when the Judge thereof is absent, or is from any
    2-8  cause disabled or disqualified from presiding.
    2-9        (e)  The qualifications for the office of district judge
   2-10  providing that a district judge must be a qualified elector of the
   2-11  State and may not have held the office of district attorney, county
   2-12  attorney, or criminal district attorney or have served as an
   2-13  assistant prosecutor in one of those offices for four (4) years
   2-14  next preceding his election take effect January 1, 1996, and do not
   2-15  apply to a judge initially appointed or elected to a district court
   2-16  before that date, except that those qualifications do apply to a
   2-17  judge initially appointed or elected to a district court before
   2-18  January 1, 1996, who leaves the office of district judge after that
   2-19  date and later is reelected or reappointed to that office.
   2-20        SECTION 2.  This proposed constitutional amendment shall be
   2-21  submitted to the voters at an election to be held November 7, 1995.
   2-22  The ballot shall be printed to permit voting for or against the
   2-23  proposition:  "The constitutional amendment to provide that a
   2-24  person seeking the office of district judge is a registered voter
   2-25  who has not held the office of district attorney, county attorney,
   2-26  or criminal district attorney or has not served as an assistant
   2-27  prosecutor in one of those offices for the four years preceding the
    3-1  election."