PMWJ H.J.R. 69 75(R)BILL ANALYSIS


JUDICIAL AFFAIRS
H.J.R. 69
By: Thompson
C.S.H.J.R. 69
By: Thompson
5-1-97
Committee Report (Substituted)



BACKGROUND 

 Texas' method of selecting judges is confusing to voters, expensive, and
biased against voters of color. 


PURPOSE

 This proposed constitutional amendment provides that appellate judges
will be elected in nonpartisan elections in the November general election
in even-numbered years. 


RULEMAKING AUTHORITY

 It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 


SECTION BY SECTION ANALYSIS

 SECTION 1 amends Sections 2, 4, 6, and 28 of Article V of the Texas
Constitution. 
 Sec. 2 is amended to be divided into four subsections, to provide that
the supreme court chief justice and justices are subject to nonpartisan
elections and that appointed justices (or the chief justice) hold office
until January 1 of the first odd-numbered year following 18 months after
the justice or chief justice was appointed.  Part of current Section 2,
providing that an appointed justice or chief justice serves until the next
general election elects a successor for the remaining unexpired term, is
deleted. 
 Sec. 4 is amended to be divided into four parts, to provide that the
court of criminal appeals' chief judge and judges are subject to
nonpartisan elections and that appointed judges (or the chief judge) hold
office until January 1 of the first odd-numbered year following 18 months
after the judge or chief judge was appointed.  Part of current Section 4,
providing that an appointed justice or chief justice serves until the next
general election elects a successor, is deleted. 
 Sec. 6 is amended to be divided into seven parts, to provide that the
courts of appeals chief justices and justices are subject to nonpartisan
elections and that appointed justices (or the chief justices) hold office
until January 1 of the first odd-numbered year following 18 months after
the justice or chief justice was appointed. 
 Sec. 28 is amended to provide that the governor shall fill all vacancies
in the supreme court, court of criminal appeals and courts of appeal,
subject to confirmation by the senate, and fairly reflecting the
geographic, ethnic and racial diversity of the state or district.
District judges appointed by the governor to fill vacancies serve until
the beginning of the term of the judge elected to that court at the next
general election. 

 SECTION 2 is a temporary provision providing that this constitutional
amendment takes effect January 1, 1998 and expires January 1, 2006. 

  SECTION 3.  Ballot date.  Ballot wording. 

COMPARISON OF ORIGINAL TO SUBSTITUTE

 Section 1 of he original proposed constitutional amendment amended
Sections 2, 4, 6, 7, and 28 of the Texas Constitution.   
 Sections 2, 4, and 6 in Section 1 of the original provided that supreme
court justices, court of criminal appeals judges and courts of appeals
judges were subject to nonpartisan retention ballots. Sections 2, 4, and 6
of Article V in Section 1 of the substitute provide that supreme court
justices, court of criminal appeals judges and courts of appeals judges
were subject to nonpartisan ballots. Both versions provide that vacancies
filled by the governor are appointed for a term expiring on January 1 of
the odd-numbered which occurred more than 18 months after taking the oath
of office. 
 Section 7 of Article V, was amended in the original proposal to provide
that district judges in the State's most populous counties would be
elected from county commissioners precincts, that each judge serve an
initial term of four years upon election regardless of the previous
judge's term, that vacancies filled by the governor stand for election at
the next general election, that the Legislature provide for retention
elections for all district judges, the judges elected by commissioner
precinct need not be residents of the district, that judges after election
need not be residents of the district, and that Section 7a(i) does not
affect the election of a district judge from a commissioners court
precinct.  Amendments to Section 7 of Article V do not appear in
C.S.H.J.R. 69. 
 Section 28, Article V, Texas Constitution, in Section 1 of both the
original and the substitute is the same in both versions. 
 Section 2 of the original joint resolution added Section 32 to Article V
of the Texas Constitution to authorize the legislature to alter the terms
of offices created by this article as necessary to implement a change in
election dates, a restructuring of the judicial system or a staggering of
terms.  This does not appear in the substitute. 
 Section 3 of the original is Section 2 in the substitute and was modified
to shorten the caption description. 
 Section 4 of the original is Section 3 in the substitute and was modified
to shorten the ballot wording.