By Alonzo H.J.R. No. 124
A JOINT RESOLUTION
1-1 proposing a constitutional amendment to elect the justices of the
1-2 supreme court and judges of the court of criminal appeals from
1-3 election subdistricts.
1-4 SECTION 1. Article V, Section 2, of the Texas Constitution,
1-5 is amended to read as follows:
1-6 Sec. 2. The Supreme Court shall consist of the Chief Justice
1-7 and eight Justices, any five of whom shall constitute a quorum, and
1-8 the concurrence of five shall be necessary to a decision of a case;
1-9 provided, that when the business of the court may require, the
1-10 court may sit in sections as designated by the court to hear
1-11 argument of causes and to consider applications for writs of error
1-12 or other preliminary matters. No person shall be eligible to serve
1-13 in the office of Chief Justice or Justice of the Supreme Court
1-14 unless the person is licensed to practice law in this state and is,
1-15 at the time of election, a citizen of the United States and of this
1-16 state, and has attained the age of thirty-five years, and has been
1-17 a practicing lawyer, or a lawyer and judge of a court of record
1-18 together at least ten years. The Chief Justice shall be elected by
1-19 the Justices of the Supreme Court from their membership. Said
1-20 Justices shall be elected from single-member election subdistricts
1-21 (three of them each two years) by the qualified voters of the state
1-22 at a general election; shall hold their offices six years, or until
1-23 their successors are elected and qualified; and shall each receive
2-1 such compensation as shall be provided by law. Election
2-2 subdistricts shall be approved by the Legislature by the end of the
2-3 Regular Session of the 75th Legislature or by the supreme court by
2-4 August 31, 1997. In case of a vacancy in the office of the Chief
2-5 Justice or any Justice of the Supreme Court, the Governor shall
2-6 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 SECTION 2. Article V, Section 4, of the Texas Constitution
2-15 is amended to read as follows:
2-16 Sec. 4. The Court of Criminal Appeals shall consist of eight
2-17 Judges and one Presiding Judge. The Judges shall have the same
2-18 qualifications and receive the same salaries as the Associate
2-19 Justices of the Supreme Court, and the Presiding Judge shall have
2-20 the same qualifications and receive the same salary as the Chief
2-21 Justice of the Supreme Court. The Presiding Judge shall be elected
2-22 by the Judges of the Court of Criminal Appeals from their
2-23 membership. <and t>The Judges shall be elected by the qualified
2-24 voters of a single-member election subdistrict <the state> at a
2-25 general election and shall hold their offices for a term of six
3-1 years. Election subdistricts shall be approved by the Legislature
3-2 by the end of the Regular Session of the 75th Legislature or by the
3-3 supreme court by August 31, 1997. In case of a vacancy in the
3-4 office of a Judge of the Court of Criminal Appeals, the Governor
3-5 shall, with the advice and consent of the Senate, fill said vacancy
3-6 by appointment until the next succeeding general election.
3-7 For the purpose of hearing cases, the Court of Criminal
3-8 Appeals may sit in panels of three Judges, the designation thereof
3-9 to be under rules established by the court. In a panel of three
3-10 Judges, two Judges shall constitute a quorum and the concurrence of
3-11 two Judges shall be necessary for a decision. The Presiding Judge,
3-12 under rules established by the court, shall convene the court en
3-13 banc for the transaction of all other business and may convene the
3-14 court en banc for the purpose of hearing cases. The court must sit
3-15 en banc during proceedings involving capital punishment and other
3-16 cases as required by law. When convened en banc, five Judges shall
3-17 constitute a quorum and the concurrence of five Judges shall be
3-18 necessary for a decision. The Court of Criminal Appeals may
3-19 appoint Commissioners in aid of the Court of Criminal Appeals as
3-20 provided by law.
3-21 SECTION 3. 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 provide for voting for or against
3-24 the proposition: "The constitutional amendment authorizing the
3-25 legislature to provide for the election of justices of the supreme
4-1 court and judges of the court of criminal appeals from
4-2 single-member election subdistricts."