By Zbranek H.J.R. No. 22
75R1125 MWV-F
A JOINT RESOLUTION
1-1 proposing a constitutional amendment relating to the composition of
1-2 judicial districts and to the selection of district judges.
1-3 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 7, Article V, Texas Constitution, is
1-5 amended to read as follows:
1-6 Sec. 7. (a) The State shall be divided into judicial
1-7 districts, with each district having one or more Judges as may be
1-8 provided by law or by this Constitution.
1-9 (b) The Legislature shall provide for the selection,
1-10 qualification, residency, and term of office of persons licensed to
1-11 practice law in this State to serve as a judge of a district court.
1-12 A district judge [Each district judge shall be elected by the
1-13 qualified voters at a General Election and shall be a citizen of
1-14 the United States and of this State, who is licensed to practice
1-15 law in this State and has been a practicing lawyer or a Judge of a
1-16 Court in this State, or both combined, for four (4) years next
1-17 preceding his election, who has resided in the district in which he
1-18 was elected for two (2) years next preceding his election, and who
1-19 shall reside in his district during his term of office and hold his
1-20 office for the period of four (4) years, and who] shall receive for
1-21 his services an annual salary to be fixed by the Legislature.
1-22 (c) The Court shall conduct its proceedings at the county
1-23 seat of the county in which the case is pending, except as
1-24 otherwise provided by law. A district judge [He] shall hold the
2-1 regular terms of his Court at the County Seat of each County in his
2-2 district in such manner as may be prescribed by law. The
2-3 Legislature shall have power by General or Special Laws to make
2-4 such provisions concerning the terms or sessions of each Court as
2-5 it may deem necessary.
2-6 (d) The Legislature shall also provide for the holding of
2-7 District Court when the Judge thereof is absent, or is from any
2-8 cause disabled or disqualified from presiding.
2-9 SECTION 2. Section 7a(i), Article V, Texas Constitution, is
2-10 amended to read as follows:
2-11 (i) The [legislature, the] Judicial Districts Board[,] or
2-12 the Legislative Redistricting Board may not redistrict the judicial
2-13 districts to provide for any judicial district smaller in size than
2-14 an entire county except as provided by this section. Judicial
2-15 districts smaller in size than the entire county may be created
2-16 subsequent to a general election where a majority of the persons
2-17 voting on the proposition adopt the proposition "to allow the
2-18 division of __________ County into judicial districts composed of
2-19 parts of __________ County." No redistricting plan may be proposed
2-20 or adopted by the [legislature, the] Judicial Districts Board[,] or
2-21 the Legislative Redistricting Board in anticipation of a future
2-22 action by the voters of any county.
2-23 SECTION 3. The following temporary provision is added to the
2-24 Texas Constitution:
2-25 TEMPORARY PROVISION. (a) This temporary provision applies
2-26 to the constitutional amendment proposed by H.J.R. No. ____, Acts
2-27 of the 75th Legislature, Regular Session, 1997, relating to the
3-1 composition of judicial districts and to the selection of district
3-2 judges.
3-3 (b) The constitutional amendment takes effect January 1,
3-4 1998.
3-5 (c) This temporary provision takes effect on the adoption of
3-6 the amendment by the voters and expires January 1, 1999.
3-7 SECTION 4. This proposed constitutional amendment shall be
3-8 submitted to the voters at an election to be held November 4, 1997.
3-9 The ballot shall be printed to permit voting for or against the
3-10 proposition: "The constitutional amendment relating to the
3-11 composition of judicial districts and to the selection of district
3-12 judges."