By Gallego H.B. No. 2297
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the Texas Judicial Council.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 71.001, Government Code, is amended to
1-5 read as follows:
1-6 Sec. 71.001. DEFINITIONS. In this chapter:
1-7 (1) "Chair" means the chair of the council.
1-8 (2) "Council" means the Texas Judicial Council.
1-9 [(2) "President" means the president of the council.]
1-10 SECTION 2. Section 71.011, Government Code, is amended to
1-11 read as follows:
1-12 Sec. 71.011. NUMBER AND CLASSES OF MEMBERS. The Texas
1-13 Judicial Council is an agency of the state composed of 16 [10] ex
1-14 officio and six [nine] appointive members.
1-15 SECTION 3. Section 71.012, Government Code, is amended to
1-16 read as follows:
1-17 Sec. 71.012. EX OFFICIO MEMBERS. [(a)] The ex officio
1-18 members are:
1-19 (1) the chief justice of the supreme court;
1-20 (2) the presiding judge of the court of criminal
1-21 appeals;
1-22 (3) the chair [chairman] of the Senate Jurisprudence
1-23 Committee;
1-24 (4) one member of the senate, appointed by the
2-1 lieutenant governor [the immediate past chairman of the Senate
2-2 Jurisprudence Committee];
2-3 (5) the chair [chairman] of the House Judicial Affairs
2-4 [Judiciary] Committee;
2-5 (6) one member of the house of representatives,
2-6 appointed by the speaker of the house [the immediate past chairman
2-7 of the House Judiciary Committee];
2-8 (7) two justices of the courts of appeals designated
2-9 by the chief justice of the supreme court [governor]; [and]
2-10 (8) two district [presiding] judges [of the
2-11 administrative judicial regions] designated by the chief justice of
2-12 the supreme court;
2-13 (9) two judges of county courts, statutory county, or
2-14 statutory probate courts designated by the chief justice of the
2-15 supreme court;
2-16 (10) two justices of the peace designated by the chief
2-17 justice of the supreme court; and
2-18 (11) two municipal court judges designated by the
2-19 chief justice of the supreme court [governor].
2-20 [(b) If the chairman of the Senate Jurisprudence Committee
2-21 or House Judiciary Committee is reappointed as chairman, his
2-22 immediate predecessor shall continue to serve on the council as
2-23 immediate past chairman.]
2-24 [(c) The justices and judges to be named by the governor
2-25 under Subsection (a) may be either active justices and judges or
2-26 retired justices and judges of the same grade who are legally
2-27 eligible for assignment to part-time judicial duties.]
3-1 [(d) Ex officio members have the same powers and duties
3-2 under this chapter as the citizen members of the council.]
3-3 SECTION 4. Sections 71.013(b) and (c), Government Code, are
3-4 amended to read as follows:
3-5 (b) Except as provided by Subsection (a), all members of the
3-6 judiciary appointed to the council serve [Justices of the courts of
3-7 appeals and presiding judges of the administrative judicial regions
3-8 are members of the council for] staggered terms of four years with
3-9 the [one justice's and one judge's] term of one member from each
3-10 judicial group expiring on February 1 of each odd-numbered year.
3-11 (c) A legislative member whose membership in the legislature
3-12 ceases continues as a member of the council at the pleasure of the
3-13 appointing authority [for his full term on the council. If a
3-14 legislative membership is vacant, the presiding officer of the
3-15 appropriate house of the legislature shall name a person to fill
3-16 the vacancy for the unexpired term].
3-17 SECTION 5. Section 71.014, Government Code, is amended to
3-18 read as follows:
3-19 Sec. 71.014. CITIZEN MEMBERS. (a) The chief justice of the
3-20 supreme court [governor] shall appoint the six [nine] citizen
3-21 members on the council.
3-22 (b) A citizen member must be a resident citizen of the
3-23 state. Three [Seven] of the six [nine] citizen members must be
3-24 members of the State Bar of Texas and two must be persons who are
3-25 not licensed to practice law[, including at least one who is by
3-26 profession a journalist].
3-27 SECTION 6. Sections 71.015(a) and (b), Government Code, are
4-1 amended to read as follows:
4-2 (a) Citizen members serve for staggered terms of six years
4-3 with two [three] members' terms expiring on June 30 of each
4-4 odd-numbered year.
4-5 (b) A vacancy in citizen membership is filled for the
4-6 unexpired term by appointment by the chief justice of the supreme
4-7 court [governor].
4-8 SECTION 7. Section 71.017, Government Code, is amended to
4-9 read as follows:
4-10 Sec. 71.017. QUORUM. Eleven [Five] members of the council
4-11 constitute a quorum.
4-12 SECTION 8. Sections 71.018(a) and (d), Government Code, are
4-13 amended to read as follows:
4-14 (a) The chief justice of the supreme court shall [council
4-15 may elect members to] serve as chair [president] and the presiding
4-16 judge of the court of criminal appeals shall serve as vice chair of
4-17 the council. Other [as the other] officers of the council shall be
4-18 elected by the council [that it considers advisable. It may elect
4-19 a secretary who is not a member].
4-20 (d) The chair [president] may appoint committees for
4-21 two-year terms [the duration of his presidency] that he considers
4-22 necessary for the organization of the council.
4-23 SECTION 9. Section 71.020(d), Government Code, is amended to
4-24 read as follows:
4-25 (d) Before any expenses incurred by the council, its members
4-26 or officers, or its committees may be paid, the chair [president]
4-27 of the council or the vice chair [vice-president], if authorized by
5-1 the chair [president] in writing to do so, must approve a verified
5-2 and itemized account of the expenses.
5-3 SECTION 10. Section 71.035(d), Government Code, is amended
5-4 to read as follows:
5-5 (d) Except as provided by this subsection, the attorney
5-6 general shall file and prosecute an action for mandamus on behalf
5-7 of the council if requested to do so in writing by the council. To
5-8 be valid, the written request must be signed by the chair
5-9 [president] or by at least 11 [five] members of the council. The
5-10 attorney general may refuse to file an action if he certifies in
5-11 writing that the action is without merit.
5-12 SECTION 11. (a) With the exception of the chief justice of
5-13 the supreme court and the presiding judge of the court of criminal
5-14 appeals, the terms of the current ex officio members of the Texas
5-15 Judicial Council expire on the effective date of this Act. As soon
5-16 as possible after the effective date of this Act, the chief justice
5-17 of the supreme court, the lieutenant governor, and the speaker of
5-18 the house of representatives shall appoint ex officio members to
5-19 the Texas Judicial Council in accordance with Sections 71.012 and
5-20 71.013, Government Code, as amended by this Act.
5-21 (b) The terms of the current citizen members of the Texas
5-22 Judicial Council expire on the effective date of this Act. As soon
5-23 as possible after the effective date of this Act, the chief
5-24 justice of the supreme court shall appoint two citizen members for
5-25 terms expiring June 30, 2001, two citizen members for terms
5-26 expiring June 30, 2003, and two citizen members for terms expiring
5-27 June 30, 2005, in accordance with Sections 71.014 and 71.015,
6-1 Government Code, as amended by this Act.
6-2 SECTION 12. This Act takes effect September 1, 1997.
6-3 SECTION 13. The importance of this legislation and the
6-4 crowded condition of the calendars in both houses create an
6-5 emergency and an imperative public necessity that the
6-6 constitutional rule requiring bills to be read on three several
6-7 days in each house be suspended, and this rule is hereby suspended.