By Longoria                                           H.J.R. No. 15

      75R1031 SAW-D                           

                                 A JOINT RESOLUTION

 1-1     proposing a constitutional amendment relating to involuntary

 1-2     retirement of judges.

 1-3           BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Section 1-a(1), Article V, Texas Constitution, is

 1-5     amended to read as follows:

 1-6           (1)  Subject to the further provisions of this Section, the

 1-7     Legislature shall provide for the retirement and compensation of

 1-8     Justices and Judges of the Appellate Courts and District and

 1-9     Criminal District Courts on account of length of service, age and

1-10     disability, and for their reassignment to active duty where and

1-11     when needed.  [The office of every such Justice and Judge shall

1-12     become vacant when the incumbent reaches the age of seventy-five

1-13     (75) years or such earlier age, not less than seventy (70) years,

1-14     as the Legislature may prescribe;  but, in the case of an incumbent

1-15     whose term of office includes the effective date of this Amendment,

1-16     this provision shall not prevent him from serving the remainder of

1-17     said term nor be applicable to him before his period or periods of

1-18     judicial service shall have reached a total of ten (10) years.]

1-19                

1-20           SECTION 2.  Section 1-a(6)B, Article V, Texas Constitution,

1-21     is amended to read as follows:

1-22                 B.  Any [person holding an office named in Paragraph A

1-23     of this subsection who is eligible for retirement benefits under

1-24     the laws of this state providing for judicial retirement may be

 2-1     involuntarily retired, and any] person holding an office named in

 2-2     Paragraph A of this subsection [that paragraph who is not eligible

 2-3     for retirement benefits under such laws] may be removed from

 2-4     office, for disability seriously interfering with the performance

 2-5     of his duties, which is, or is likely to become, permanent in

 2-6     nature.

 2-7           SECTION 3.  This proposed constitutional amendment shall be

 2-8     submitted to the voters at an election to be held November 4, 1997.

 2-9     The ballot shall be printed to permit voting for or against the

2-10     proposition:  "The constitutional amendment to abolish involuntary

2-11     retirement of judges."