By Alonzo H.J.R. No. 125
A JOINT RESOLUTION
1-1 proposing a constitutional amendment to elect district judges from
1-2 election subdistricts.
1-3 SECTION 1. Article V, Section 7, of the Texas Constitution
1-4 is amended to read as follows:
1-5 Sec. 7. The State shall be divided into judicial districts
1-6 and judicial election subdistricts, with each district having one
1-7 or more Judges as may be provided by law or by this Constitution.
1-8 Each district judge shall be elected by the qualified voters of an
1-9 election subdistrict or districtwide, as determined by the
1-10 Legislature, at a General Election and shall be a citizen of the
1-11 United States and of this State, who is licensed to practice law in
1-12 this State and has been a practicing lawyer or a Judge of a Court
1-13 in this State, or both combined, for four (4) years next preceding
1-14 his election, who has resided in the district in which he was
1-15 elected for two (2) years next preceding his election, and who
1-16 shall reside in his district during his term of office and hold his
1-17 office for the period of four (4) years, and who shall receive for
1-18 his services an annual salary to be fixed by the Legislature. The
1-19 Court shall conduct its proceedings at the county seat of the
1-20 county in which the case is pending, except as otherwise provided
1-21 by law. He shall hold the regular terms of his Court at the County
1-22 Seat of each County in his district in such manner as may be
1-23 prescribed by law. The Legislature shall have power by General or
2-1 Special Laws to make such provisions concerning the terms or
2-2 sessions of each Court as it may deem necessary.
2-3 The Legislature shall also provide for the holding of
2-4 District Court when the Judge thereof is absent, or is from any
2-5 cause disabled or disqualified from presiding.
2-6 SECTION 2. Article V, Section 7a, of the Texas Constitution
2-7 is amended to read as follows:
2-8 Sec. 7a. (a) The Judicial Districts Board is created to
2-9 reapportion the judicial districts authorized by Article V, Section
2-10 7, of this constitution.
2-11 (b) The membership of the board consists of the Chief
2-12 Justice of the Texas Supreme Court who serves as chairman, the
2-13 presiding judge of the Texas Court of Criminal Appeals, the
2-14 presiding judge of each of the administrative judicial districts of
2-15 the state, the president of the Texas Judicial Council, and one
2-16 person who is licensed to practice law in this state appointed by
2-17 the governor with the advice and consent of the senate for a term
2-18 of four years. In the event of a vacancy in the appointed
2-19 membership, the vacancy is filled for the unexpired term in the
2-20 same manner as the original appointment.
2-21 (c) A majority of the total membership of the board
2-22 constitutes a quorum for the transaction of business. The adoption
2-23 of a reapportionment order requires a majority vote of the total
2-24 membership of the board.
2-25 (d) The reapportionment powers of the board shall be
3-1 exercised in the interims between regular sessions of the
3-2 legislature, except that a reapportionment may not be ordered by
3-3 the board during an interim immediately following a regular session
3-4 of the legislature in which a valid and subsisting statewide
3-5 apportionment of judicial districts is enacted by the legislature.
3-6 The board has other powers and duties as provided by the
3-7 legislature and shall exercise its powers under the policies,
3-8 rules, standards, and conditions, not inconsistent with this
3-9 section, that the legislature provides.
3-10 (e) Unless the legislature enacts a statewide
3-11 reapportionment of the judicial districts following each federal
3-12 decennial census, the board shall convene not later than the first
3-13 Monday of June of the third year following the year in which the
3-14 federal decennial census is taken to make a statewide
3-15 reapportionment of the districts. The board shall complete its
3-16 work on the reapportionment and file its order with the secretary
3-17 of state not later than August 31 of the same year. If the
3-18 Judicial Districts Board fails to make a statewide apportionment by
3-19 that date, the Legislative Redistricting Board established by
3-20 Article III, Section 28, of this constitution shall make a
3-21 statewide reapportionment of the judicial districts not later than
3-22 the 150th day after the final day for the Judicial Districts Board
3-23 to make the reapportionment.
3-24 (f) In addition to the statewide reapportionment, the board
3-25 may reapportion the judicial districts of the state as the
4-1 necessity for reapportionment appears by redesignating, in one or
4-2 more reapportionment orders, the county or counties that comprise
4-3 the specific judicial districts affected by those reapportionment
4-4 orders. <In modifying any judicial district, no county having a
4-5 population as large or larger than the population of the judicial
4-6 district being reapportioned shall be added to the judicial
4-7 district.>
4-8 (g) Except as provided by Subsection (i) of this section,
4-9 this section does not limit the power of the legislature to
4-10 reapportion the judicial districts of the state, to increase the
4-11 number of judicial districts, or to provide for consequent matters
4-12 on reapportionment. The legislature may provide for the effect of
4-13 a reapportionment made by the board on pending cases or the
4-14 transfer of pending cases, for jurisdiction of a county court where
4-15 county court jurisdiction has been vested by law in a district
4-16 court affected by the reapportionment, for terms of the courts upon
4-17 existing officers and their duties, and for all other matters
4-18 affected by the reapportionment. The legislature may delegate any
4-19 of these powers to the board. The legislature shall provide for
4-20 the necessary expenses of the board.
4-21 (h) Any judicial reapportionment order adopted by the board
4-22 must be approved by a record vote of the majority of the membership
4-23 of both the senate and house of representatives before such order
4-24 can become effective and binding.
4-25 <(i) The legislature, the Judicial Districts Board, or the
5-1 Legislative Redistricting Board may not redistrict the judicial
5-2 districts to provide for any judicial district smaller in size than
5-3 an entire county except as provided by this section. Judicial
5-4 districts smaller in size than the entire county may be created
5-5 subsequent to a general election where a majority of the persons
5-6 voting on the proposition adopt the proposition "to allow the
5-7 division of ____________ County into judicial districts composed of
5-8 parts of ____________ County." No redistricting plan may be
5-9 proposed or adopted by the legislature, the Judicial Districts
5-10 Board, or the Legislative Redistricting Board in anticipation of a
5-11 future action by the voters of any county.>
5-12 SECTION 3. This proposed constitutional amendment shall be
5-13 submitted to the voters at an election to be held November 7, 1995.
5-14 The ballot shall be printed to provide for voting for or against
5-15 the proposition: "The constitutional amendment authorizing the
5-16 legislature to provide for the election of district judges in large
5-17 urban counties from election subdistricts."