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."