74R12818 RJA-D
By Ellis, et al. S.J.R. No. 26
Substitute the following for S.J.R. No. 26:
By Thompson C.S.S.J.R. No. 26
A JOINT RESOLUTION
1-1 proposing a constitutional amendment providing for the election of
1-2 justices of the supreme court, judges of the court of criminal
1-3 appeals, justices of the courts of appeals, and certain district
1-4 judges from subdistricts.
1-5 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Sections 2, 4, 6, and 7, Article V, Texas
1-7 Constitution, are amended to read as follows:
1-8 Sec. 2. (a) The Supreme Court shall consist of nine <the
1-9 Chief Justice and eight> Justices, any five of whom shall
1-10 constitute a quorum, and the concurrence of five shall be necessary
1-11 to a decision of a case; provided, that when the business of the
1-12 court may require, the court may sit in sections as designated by
1-13 the court to hear argument of causes and to consider applications
1-14 for writs of error or other preliminary matters.
1-15 (b) No person shall be eligible to serve in the office of
1-16 <Chief Justice or> Justice of the Supreme Court unless the person
1-17 is licensed to practice law in this state and is, at the time of
1-18 election or appointment, a citizen of the United States and a
1-19 resident of this state, and has attained the age of thirty-five
1-20 years, and has been a practicing lawyer, or a lawyer and judge of a
1-21 court of record together at least ten years. To be eligible to
1-22 serve as a Justice of the Supreme Court, a person must be, at the
1-23 time of election or appointment, a resident of the district from
1-24 which the office is filled. If a Justice does not maintain
2-1 residence in the district during the Justice's term of office, a
2-2 vacancy occurs.
2-3 (c) The Justices shall select one Justice to serve as Chief
2-4 Justice. The Chief Justice serves in that capacity at the will of
2-5 the Justices.
2-6 (d) The Justices shall be elected from single-member
2-7 districts established by the Legislature at the general election
2-8 and shall serve staggered six-year terms or until their successors
2-9 have qualified.
2-10 (e) The Supreme Court districts shall be contiguous and
2-11 shall be substantially equal in population, according to the most
2-12 recent federal decennial census. The Legislature shall redistrict
2-13 the state after the publication of each federal decennial census.
2-14 At the first general election following the decennial
2-15 redistricting, Justices shall be elected from all districts, and
2-16 after taking office they shall draw lots so that three of them
2-17 serve six-year terms, three serve four-year terms, and three serve
2-18 two-year terms.
2-19 (f) Each Justice <Said Justices shall be elected (three of
2-20 them each two years) by the qualified voters of the state at a
2-21 general election; shall hold their offices six years, or until
2-22 their successors are elected and qualified; and> shall <each>
2-23 receive such compensation as shall be provided by law.
2-24 (g) In case of a vacancy in the office of <the Chief Justice
2-25 or> any Justice of the Supreme Court, the Governor shall fill the
2-26 vacancy with the advice and consent of the Senate as provided by
2-27 Article IV, Section 12, and Article V, Section 28, of this
3-1 Constitution until the next general election <for state officers>,
3-2 and at such general election the vacancy for the unexpired term
3-3 shall be filled by election by the qualified voters of the district
3-4 <state. The Justices of the Supreme Court who may be in office at
3-5 the time this amendment takes effect shall continue in office until
3-6 the expiration of their term of office under the present
3-7 Constitution, and until their successors are elected and
3-8 qualified>.
3-9 Sec. 4. (a) The Court of Criminal Appeals shall consist of
3-10 nine <eight> Judges <and one Presiding Judge>.
3-11 (b) The Judges shall have the same qualifications and
3-12 receive the same salaries as the <Associate> Justices of the
3-13 Supreme Court<, and the Presiding Judge shall have the same
3-14 qualifications and receive the same salary as the Chief Justice of
3-15 the Supreme Court>. To be eligible to serve as Judge, a person
3-16 must be, at the time of election or appointment, a resident of the
3-17 district from which the office is filled. If a Judge does not
3-18 maintain residence in the district during the Judge's term of
3-19 office, a vacancy occurs.
3-20 (c) The Judges shall select one Judge to serve as Presiding
3-21 Judge. The Presiding Judge serves in that capacity at the will of
3-22 the Judges.
3-23 (d) The <Presiding Judge and the> Judges shall be elected
3-24 from single-member districts established by the Legislature <by the
3-25 qualified voters of the state> at the <a> general election for
3-26 state and county officers and shall serve staggered six-year terms
3-27 or until their successors have qualified <hold their offices for a
4-1 term of six years>.
4-2 (e) The Court of Criminal Appeals districts shall be
4-3 contiguous and shall be substantially equal in population,
4-4 according to the most recent federal decennial census. The
4-5 Legislature shall redistrict the state after the publication of
4-6 each federal decennial census. At the first general election
4-7 following the decennial redistricting, the Judges shall be elected
4-8 from all districts, and after taking office they shall draw lots so
4-9 that three of them serve six-year terms, three serve four-year
4-10 terms, and three serve two-year terms.
4-11 (f) In case of a vacancy in the office of a Judge of the
4-12 Court of Criminal Appeals, the Governor shall, with the advice and
4-13 consent of the Senate, fill said vacancy by appointment until the
4-14 next succeeding general election as provided by Article IV, Section
4-15 12, and Article V, Section 28, of this Constitution.
4-16 (g) For the purpose of hearing cases, the Court of Criminal
4-17 Appeals may sit in panels of three Judges, the designation thereof
4-18 to be under rules established by the court. In a panel of three
4-19 Judges, two Judges shall constitute a quorum and the concurrence of
4-20 two Judges shall be necessary for a decision. The Presiding Judge,
4-21 under rules established by the court, shall convene the court en
4-22 banc for the transaction of all other business and may convene the
4-23 court en banc for the purpose of hearing cases. The court must sit
4-24 en banc during proceedings involving capital punishment and other
4-25 cases as required by law. When convened en banc, five Judges shall
4-26 constitute a quorum and the concurrence of five Judges shall be
4-27 necessary for a decision. The Court of Criminal Appeals may
5-1 appoint Commissioners in aid of the Court of Criminal Appeals as
5-2 provided by law.
5-3 Sec. 6. (a) The state shall be divided into courts of
5-4 appeals districts, with each district having a Chief Justice, two
5-5 or more other Justices, and such other officials as may be provided
5-6 by law. The Justices shall have the qualifications prescribed for
5-7 Justices of the Supreme Court. The Court of Appeals may sit in
5-8 sections as authorized by law. The concurrence of a majority of
5-9 the judges sitting in a section is necessary to decide a case.
5-10 Said Court of Appeals shall have appellate jurisdiction
5-11 co-extensive with the limits of their respective districts, which
5-12 shall extend to all cases of which the District Courts or County
5-13 Courts have original or appellate jurisdiction, under such
5-14 restrictions and regulations as may be prescribed by law.
5-15 Provided, that the decision of said courts shall be conclusive on
5-16 all questions of fact brought before them on appeal or error. Said
5-17 courts shall have such other jurisdiction, original and appellate,
5-18 as may be prescribed by law.
5-19 Each of said Courts of Appeals shall hold its sessions at a
5-20 place in its district to be designated by the Legislature, and at
5-21 such time as may be prescribed by law.
5-22 (b) To be eligible to serve as a Justice of a Court of
5-23 Appeals, a person must be, at the time of election or appointment,
5-24 a resident of the single-member election district from which the
5-25 office is filled. If a Justice does not maintain residence in that
5-26 district during the Justice's term of office, a vacancy occurs.
5-27 (c) The Justices shall select one Justice to serve as Chief
6-1 Justice. The Chief Justice serves in that capacity at the will of
6-2 the Justices.
6-3 (d) The Justices shall be elected from single-member
6-4 election districts established by the Legislature at the general
6-5 election and shall serve staggered six-year terms or until their
6-6 successors have qualified.
6-7 (e) The Court of Appeals single-member election districts
6-8 shall be contiguous and shall be substantially equal in population,
6-9 according to the most recent federal decennial census. The
6-10 Legislature shall redistrict the single-member election districts
6-11 after the publication of each federal decennial census. At the
6-12 first general election following the decennial redistricting,
6-13 Justices shall be elected from all single-member election
6-14 districts, and after taking office they shall draw lots so that an
6-15 equal number of Justices of each Court of Appeals, as nearly as may
6-16 be, serve six-year, four-year, and two-year terms.
6-17 (f) The Justices <Said Justices shall be elected by the
6-18 qualified voters of their respective districts at a general
6-19 election, for a term of six years and> shall receive for their
6-20 services the sum provided by law. Each Court of Appeals shall
6-21 appoint a clerk in the same manner as the clerk of the Supreme
6-22 Court which clerk shall receive such compensation as may be fixed
6-23 by law.
6-24 (g) All constitutional and statutory references to the
6-25 Courts of Civil Appeals shall be construed to mean the Courts of
6-26 Appeals.
6-27 (h) A vacancy in the office of the Chief Justice or a
7-1 Justice of a Court of Appeals is filled by appointment by the
7-2 Governor with the advice and consent of the Senate as provided by
7-3 Article IV, Section 12, and Article V, Section 28, of this
7-4 constitution.
7-5 Sec. 7. (a) The State shall be divided into judicial
7-6 districts, with each district having one or more Judges as may be
7-7 provided by law or by this Constitution.
7-8 (b) Each district judge shall be elected by the qualified
7-9 voters of the judicial district at a General Election. In a county
7-10 or other area served by more than one district court, the judges
7-11 for those courts may be elected from election subdistricts
7-12 established by the Legislature smaller than the county or other
7-13 area. Each point in the county or other area must be included in
7-14 an election subdistrict. Each district judge <and> shall be a
7-15 citizen of the United States and of this State, who is licensed to
7-16 practice law in this State and has been a practicing lawyer or a
7-17 Judge of a Court in this State, or both combined, for four (4)
7-18 years next preceding the judge's <his> election, who has resided in
7-19 the judicial district <in which he was elected> for two (2) years
7-20 next preceding the <his> election, and who shall reside in the
7-21 judicial <his> district during the person's <his> term of office
7-22 and hold <his> office for the period of four (4) years, and who
7-23 shall receive for the person's <his> services an annual salary to
7-24 be fixed by the Legislature. A judge elected from an election
7-25 subdistrict smaller than the judicial district for which elected is
7-26 not required to reside or to have resided in the election
7-27 subdistrict. After the publication of each federal decennial
8-1 census, the Legislature shall redistrict into election subdistricts
8-2 the county or other area in which judges are elected from
8-3 subdistricts as authorized by this subsection.
8-4 (c) The Court shall conduct its proceedings at the county
8-5 seat of the county in which the case is pending, except as
8-6 otherwise provided by law. A Judge <He> shall hold the regular
8-7 terms of the <his> Court at the County Seat of each County in the
8-8 <his> district in such manner as may be prescribed by law. The
8-9 Legislature shall have power by General or Special Laws to make
8-10 such provisions concerning the terms or sessions of each Court as
8-11 it may deem necessary.
8-12 (d) The Legislature shall also provide for the holding of
8-13 District Court when the Judge thereof is absent, or is from any
8-14 cause disabled or disqualified from presiding.
8-15 SECTION 2. Section 7a, Article V, Texas Constitution, is
8-16 amended by adding Subsection (j) to read as follows:
8-17 (j) This section does not apply to a county covered by
8-18 Section 7b of this article.
8-19 SECTION 3. Article V, Texas Constitution, is amended by
8-20 adding Section 7b to read as follows:
8-21 Sec. 7b. (a) If the Legislature does not redistrict the
8-22 state into single-member districts or subdistricts as required by
8-23 Section 2, 4, 6, or 7 of this article at the first regular session
8-24 of the Legislature after the publication of each federal decennial
8-25 census, the Legislative Redistricting Board of Texas shall meet,
8-26 not later than the 90th day after the date the legislative session
8-27 ends, and redistrict the state into districts as required by that
9-1 section.
9-2 (b) The board shall issue a written redistricting order not
9-3 later than the 60th day after the date the board meets under
9-4 Subsection (a) of this section.
9-5 (c) A board order under this section must be signed by at
9-6 least three board members.
9-7 SECTION 4. The following temporary provision is added to the
9-8 Texas Constitution:
9-9 TEMPORARY PROVISION. (a) This temporary provision applies
9-10 to the constitutional amendment proposed by the 74th Legislature,
9-11 Regular Session, 1995, requiring the legislature to provide for the
9-12 election of justices of the supreme court, judges of the court of
9-13 criminal appeals, justices of the courts of appeals, and certain
9-14 district judges from single-member districts or subdistricts.
9-15 (b) The constitutional amendment takes effect December 1,
9-16 1995. The legislature shall establish single-member districts or
9-17 subdistricts as required by the constitutional amendment for the
9-18 election of justices and judges beginning with the 1996 general
9-19 election.
9-20 (c) This temporary provision takes effect on the adoption of
9-21 the amendment by the voters and expires January 1, 2000.
9-22 SECTION 5. This proposed constitutional amendment shall be
9-23 submitted to the voters at an election to be held November 7, 1995.
9-24 The ballot shall be printed to permit voting for or against the
9-25 proposition: "The constitutional amendment requiring the
9-26 legislature to provide for election of supreme court justices,
9-27 court of criminal appeals judges, courts of appeals justices, and
10-1 certain district judges from single-member districts or
10-2 subdistricts."