By Gallego H.B. No. 2297
75R7701 MLS-D
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) two members of the senate, appointed by the
1-23 lieutenant governor [the chairman of the Senate Jurisprudence
1-24 Committee];
2-1 (4) two members of the house of representatives,
2-2 appointed by the speaker of the house [the immediate past chairman
2-3 of the Senate Jurisprudence Committee];
2-4 (5) [the chairman of the House Judiciary Committee;]
2-5 [(6) the immediate past chairman of the House
2-6 Judiciary Committee;]
2-7 [(7)] two justices of the courts of appeals designated
2-8 by the chief justice of the supreme court [governor]; [and]
2-9 (6) [(8)] two district [presiding] judges [of the
2-10 administrative judicial regions] designated by the chief justice of
2-11 the supreme court [governor];
2-12 (7) two judges of county courts, statutory county
2-13 courts, or statutory probate courts designated by the chief justice
2-14 of the supreme court;
2-15 (8) two justices of the peace designated by the chief
2-16 justice of the supreme court; and
2-17 (9) two municipal court judges designated by the chief
2-18 justice of the supreme court.
2-19 [(b) If the chairman of the Senate Jurisprudence Committee
2-20 or House Judiciary Committee is reappointed as chairman, his
2-21 immediate predecessor shall continue to serve on the council as
2-22 immediate past chairman.]
2-23 [(c) The justices and judges to be named by the governor
2-24 under Subsection (a) may be either active justices and judges or
2-25 retired justices and judges of the same grade who are legally
2-26 eligible for assignment to part-time judicial duties.]
2-27 [(d) Ex officio members have the same powers and duties
3-1 under this chapter as the citizen members of the council.]
3-2 SECTION 4. Sections 71.013(b) and (c), Government Code, are
3-3 amended to read as follows:
3-4 (b) Except as provided by Subsection (a), all members of the
3-5 judiciary appointed to the council serve [Justices of the courts of
3-6 appeals and presiding judges of the administrative judicial regions
3-7 are members of the council for] staggered terms of four years with
3-8 the [one justice's and one judge's] term of one member from each
3-9 judicial group expiring on February 1 of each odd-numbered year.
3-10 (c) A legislative member whose membership in the legislature
3-11 ceases continues as a member of the council at the pleasure of the
3-12 appointing authority [for his full term on the council. If a
3-13 legislative membership is vacant, the presiding officer of the
3-14 appropriate house of the legislature shall name a person to fill
3-15 the vacancy for the unexpired term].
3-16 SECTION 5. Section 71.014, Government Code, is amended to
3-17 read as follows:
3-18 Sec. 71.014. CITIZEN MEMBERS. (a) The chief justice of the
3-19 supreme court [governor] shall appoint the six [nine] citizen
3-20 members on the council.
3-21 (b) A citizen member must be a resident citizen of the
3-22 state. Three [Seven] of the six [nine] citizen members must be
3-23 members of the State Bar of Texas and two must be persons who are
3-24 not licensed to practice law[, including at least one who is by
3-25 profession a journalist].
3-26 SECTION 6. Sections 71.015(a) and (b), Government Code, are
3-27 amended to read as follows:
4-1 (a) Citizen members serve for staggered terms of six years
4-2 with two [three] members' terms expiring on June 30 of each
4-3 odd-numbered year.
4-4 (b) A vacancy in citizen membership is filled for the
4-5 unexpired term by appointment by the chief justice of the supreme
4-6 court [governor].
4-7 SECTION 7. Section 71.017, Government Code, is amended to
4-8 read as follows:
4-9 Sec. 71.017. QUORUM. Eleven [Five] members of the council
4-10 constitute a quorum.
4-11 SECTION 8. Sections 71.018(a) and (d), Government Code, are
4-12 amended to read as follows:
4-13 (a) The chief justice of the supreme court shall [council
4-14 may elect members to] serve as chair [president] and the presiding
4-15 judge of the court of criminal appeals shall serve as vice chair of
4-16 the council. Other [as the other] officers of the council shall be
4-17 elected by the council [that it considers advisable. It may elect
4-18 a secretary who is not a member].
4-19 (d) The chair [president] may appoint committees for
4-20 two-year terms [the duration of his presidency] that he considers
4-21 necessary for the organization of the council.
4-22 SECTION 9. Section 71.020(d), Government Code, is amended to
4-23 read as follows:
4-24 (d) Before any expenses incurred by the council, its members
4-25 or officers, or its committees may be paid, the chair [president]
4-26 of the council or the vice chair [vice-president], if authorized by
4-27 the chair [president] in writing to do so, must approve a verified
5-1 and itemized account of the expenses.
5-2 SECTION 10. Section 71.035(d), Government Code, is amended
5-3 to read as follows:
5-4 (d) Except as provided by this subsection, the attorney
5-5 general shall file and prosecute an action for mandamus on behalf
5-6 of the council if requested to do so in writing by the council. To
5-7 be valid, the written request must be signed by the chair
5-8 [president] or by at least 11 [five] members of the council. The
5-9 attorney general may refuse to file an action if he certifies in
5-10 writing that the action is without merit.
5-11 SECTION 11. (a) With the exception of the chief justice of
5-12 the supreme court and the presiding judge of the court of criminal
5-13 appeals, the terms of the current ex officio members of the Texas
5-14 Judicial Council expire on the effective date of this Act. As soon
5-15 as possible after the effective date of this Act, the chief justice
5-16 of the supreme court, the lieutenant governor, and the speaker of
5-17 the house of representatives shall appoint ex officio members to
5-18 the Texas Judicial Council in accordance with Sections 71.012 and
5-19 71.013, Government Code, as amended by this Act.
5-20 (b) The terms of the current citizen members of the Texas
5-21 Judicial Council expire on the effective date of this Act. As soon
5-22 as possible after the effective date of this Act, the chief
5-23 justice of the supreme court shall appoint two citizen members for
5-24 terms expiring June 30, 2001, two citizen members for terms
5-25 expiring June 30, 2003, and two citizen members for terms expiring
5-26 June 30, 2005, in accordance with Sections 71.014 and 71.015,
5-27 Government Code, as amended by this Act.
6-1 SECTION 12. This Act takes effect September 1, 1997.
6-2 SECTION 13. The importance of this legislation and the
6-3 crowded condition of the calendars in both houses create an
6-4 emergency and an imperative public necessity that the
6-5 constitutional rule requiring bills to be read on three several
6-6 days in each house be suspended, and this rule is hereby suspended.