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."