By Zbranek                                            H.J.R. No. 21

      75R1124 MWV-F                           

                                 A JOINT RESOLUTION

 1-1     proposing a constitutional amendment changing the requirements for

 1-2     persons serving in certain judicial offices.

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

 1-4           SECTION 1.  Section 2, Article V, Texas Constitution, is

 1-5     amended to read as follows:

 1-6           Sec. 2.  (a)  The Supreme Court shall consist of the Chief

 1-7     Justice and eight Justices, any five of whom shall constitute a

 1-8     quorum, and the concurrence of five shall be necessary to a

 1-9     decision of a case; provided, that when the business of the court

1-10     may require, the court may sit in sections as designated by the

1-11     court to hear argument of causes  and to consider applications for

1-12     writs of error or other preliminary matters.

1-13           (b)  Except as provided by Subsection (d) of this section,

1-14     the Legislature shall establish the qualifications of office for

1-15     the Chief Justice and Justices of the Supreme Court [No person

1-16     shall be eligible to serve in the office of Chief Justice or

1-17     Justice of the Supreme Court unless the person is licensed to

1-18     practice law in this state and is, at the time of election, a

1-19     citizen of the United States and of this state, and has attained

1-20     the age of thirty-five years, and has been a practicing lawyer, or

1-21     a lawyer and judge of a court of record together at least ten

1-22     years].

1-23           (c)  Said Justices shall be elected (three of them each two

1-24     years) by the qualified voters of the state at a general election;

 2-1     shall hold their offices six years, or until their successors are

 2-2     elected and qualified; and shall each receive such compensation as

 2-3     shall be provided by law.  In case of a vacancy in the office of

 2-4     the Chief Justice or any Justice of the Supreme Court, the Governor

 2-5     shall fill the vacancy until the next general election for state

 2-6     officers, and at such general election the vacancy for the

 2-7     unexpired term shall be filled by election by the qualified voters

 2-8     of the state.  [The Justices of the Supreme Court who may be in

 2-9     office at the time this amendment takes effect shall continue in

2-10     office until the expiration of their term of office under the

2-11     present Constitution, and until their successors are elected and

2-12     qualified.]

2-13           (d)  A person serving in the office of Chief Justice or

2-14     Justice of the Supreme Court on January 1, 1998, to be eligible to

2-15     serve in that office, must be licensed to practice law in this

2-16     state, be a citizen of this state and the United States, have

2-17     attained the age of 35 years, and have been a practicing lawyer, or

2-18     a lawyer and judge of a court of record together, at least 10

2-19     years.

2-20           SECTION 2.  This proposed constitutional amendment shall be

2-21     submitted to the voters at an election to be held November 4, 1997.

2-22     The ballot shall be printed to permit voting for or against the

2-23     proposition:  "The constitutional amendment to allow the

2-24     legislature to establish the qualifications for justices of the

2-25     supreme court and courts of appeals and judges of the court of

2-26     criminal appeals."