By Nixon                                        H.J.R. No. 30

      75R453 MWV-D                           

                                 A JOINT RESOLUTION

 1-1     proposing a constitutional amendment changing the requirements for

 1-2     persons serving as 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)  Except as provided by Subsection (f) of this section,

1-10     each [Each] district judge shall be elected by the qualified voters

1-11     at a General Election and shall be a citizen of the United States

1-12     and of this State, who is licensed to practice law in this State,

1-13     who has been licensed to practice law in one or more states,

1-14     districts, or territories of the United States for a total of ten

1-15     (10) years before taking office, who [and] has been a practicing

1-16     lawyer or a Judge [of a Court in this State], or both combined, for

1-17     ten (10) [four (4)] years before taking office [next preceding his

1-18     election], who has resided in this State for one (1) year before

1-19     taking office [the district in which he was elected for two (2)

1-20     years next preceding his election], and who shall reside in the

1-21     [his] district during the judge's [his] term of office and hold

1-22     [his] office for the period of four (4) years, and who shall

1-23     receive for the judge's [his] services an annual salary to be fixed

1-24     by the Legislature.

 2-1           (c)  The Court shall conduct its proceedings at the county

 2-2     seat of the county in which the case is pending, except as

 2-3     otherwise provided by law.

 2-4           (d)  The district judge [He] shall hold the regular terms of

 2-5     [his] Court at the County Seat of each County in the [his] district

 2-6     in such manner as may be prescribed by law.  The Legislature shall

 2-7     have power by General or Special Laws to make such provisions

 2-8     concerning the terms or sessions of each Court as it may deem

 2-9     necessary.

2-10           (e)  The Legislature shall also provide for the holding of

2-11     District Court when the Judge thereof is absent, or is from any

2-12     cause disabled or disqualified from presiding.

2-13           (f)  A person serving in the office of district judge on

2-14     January 1, 1998, to be eligible to serve as a district judge, must

2-15     be elected by the qualified voters at a General Election, be a

2-16     citizen of the United States and of this State, be licensed to

2-17     practice law in this State, have been a practicing lawyer or a

2-18     Judge of a Court in this State, or both combined, for four (4)

2-19     years next preceding the judge's election, have resided in the

2-20     district in which elected for two (2) years next preceding

2-21     election, and reside in the district during the judge's term of

2-22     office.

2-23           SECTION 2.  This proposed constitutional amendment shall be

2-24     submitted  to the voters at an election to be held November 4,

2-25     1997.  The ballot shall be printed to permit voting for or against

2-26     the following proposition:  "The constitutional amendment to

2-27     require that judges of the district courts have practiced law for

 3-1     10 years before taking office and have resided in the state for one

 3-2     year before taking office."