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.