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."