By Thompson                                           H.J.R. No. 69

         Substitute the following for H.J.R. No. 69:

         By Thompson                                       C.S.H.J.R. No. 69

                                 A JOINT RESOLUTION

 1-1     proposing a constitutional amendment providing for the method of

 1-2     selection of certain justices and judges.

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

 1-4           SECTION 1.  Sections 2, 4, 6, and 28, Article V, Texas

 1-5     Constitution, are 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)  No person shall be eligible to serve in the office of

1-14     Chief Justice or Justice of the Supreme Court unless the person is

1-15     licensed to practice law in this state and is, at the time of

1-16     election, a citizen of the United States and of this state, and has

1-17     attained the age of thirty-five years, and has been a practicing

1-18     lawyer, or a lawyer and judge of a court of record together at

1-19     least ten years.

1-20           (c)  Said Chief Justice and Justices shall be elected (three

1-21     of them each two years) by the qualified voters of the state at a

1-22     general election on a nonpartisan ballot which may be part of the

1-23     general election ballot or ballots; shall hold their offices six

1-24     years, or until their successors are elected and qualified.  On

 2-1     appointment to a vacancy as provided by Section 28, Article V, of

 2-2     this Constitution, a Chief Justice or a Justice serves an initial

 2-3     term that ends January 1 of the first odd-numbered year that begins

 2-4     more than 18 months after the Chief Justice or Justice takes the

 2-5     oath of office.

 2-6           (d)  The Chief Justice and Justices[; and] shall each receive

 2-7     such compensation as shall be provided by law.  [In case of a

 2-8     vacancy in the office of the Chief Justice or any Justice of the

 2-9     Supreme Court, the Governor shall fill the vacancy until the next

2-10     general election for state officers, and at such general election

2-11     the vacancy for the unexpired term shall be filled by election by

2-12     the qualified voters of the state.  The Justices of the Supreme

2-13     Court who may be in office at the time this amendment takes effect

2-14     shall continue in office until the expiration of their term of

2-15     office under the present Constitution, and until their successors

2-16     are elected and qualified.]

2-17           Sec. 4.  (a)  The Court of Criminal Appeals shall consist of

2-18     eight Judges and one Presiding Judge.

2-19           (b)  The Judges shall have the same qualifications and

2-20     receive the same salaries as the Associate Justices of the Supreme

2-21     Court, and the Presiding Judge shall have the same qualifications

2-22     and receive the same salary as the Chief Justice of the Supreme

2-23     Court.

2-24           (c)  The Presiding Judge and the Judges shall be elected on a

2-25     nonpartisan ballot by the qualified voters of the state at a

2-26     general election and shall hold their offices for a term of six

2-27     years.  On appointment to a vacancy as provided by Section 28,

 3-1     Article V, of this Constitution, a Presiding Judge or Judge serves

 3-2     an initial term that ends January 1 of the first odd-numbered year

 3-3     that begins more than 18 months after the Presiding Judge or Judge

 3-4     takes the oath of office.  [In case of a vacancy in the office of a

 3-5     Judge of the Court of Criminal Appeals, the Governor shall, with

 3-6     the advice and consent of the Senate, fill said vacancy by

 3-7     appointment until the next succeeding general election.]

 3-8           (d)  For the purpose of hearing cases, the Court of Criminal

 3-9     Appeals may sit in panels of three Judges, the designation thereof

3-10     to be under rules established by the court.  In a panel of three

3-11     Judges, two Judges shall constitute a quorum and the concurrence of

3-12     two Judges shall be necessary for a decision.  The Presiding Judge,

3-13     under rules established by the court, shall convene the court en

3-14     banc for the transaction of all other business and may convene the

3-15     court en banc for the purpose of hearing cases.  The court must sit

3-16     en banc during proceedings involving capital punishment and other

3-17     cases as required by law.  When convened en banc, five Judges shall

3-18     constitute a quorum and the concurrence of five Judges shall be

3-19     necessary for a decision.  The Court of Criminal Appeals may

3-20     appoint Commissioners in aid of the Court of Criminal Appeals as

3-21     provided by law.

3-22           Sec. 6.  (a)  The state shall be divided into courts of

3-23     appeals districts, with each district having a Chief Justice, two

3-24     or more other Justices, and such other officials as may be provided

3-25     by law.  The Justices shall have the qualifications prescribed for

3-26     Justices of the Supreme Court.

3-27           (b)  The Court of Appeals may sit in sections as authorized

 4-1     by law.  The concurrence of a majority of the Justices [judges]

 4-2     sitting in a section is necessary to decide a case.  Said Court of

 4-3     Appeals shall have appellate jurisdiction co-extensive with the

 4-4     limits of their respective districts, which shall extend to all

 4-5     cases of which the District Courts or County Courts have original

 4-6     or appellate jurisdiction, under such restrictions and regulations

 4-7     as may be prescribed by law.  Provided, that the decision of said

 4-8     courts shall be conclusive on all questions of fact brought before

 4-9     them on appeal or error.  Said courts shall have such other

4-10     jurisdiction, original and appellate, as may be prescribed by law.

4-11           (c)  Each of said Courts of Appeals shall hold its sessions

4-12     at a place in its district to be designated by the Legislature, and

4-13     at such time as may be prescribed by law.

4-14           (d)  Said Chief Justices and Justices shall be elected on a

4-15     nonpartisan ballot by the qualified voters of their respective

4-16     districts at a general election, for a term of six years.  On

4-17     appointment to a vacancy as provided by Section 28, Article V, of

4-18     this Constitution, a Chief Justice or Justice serves an initial

4-19     term that ends January 1 of the first odd-numbered year that begins

4-20     more than 18 months after the Chief Justice or Justice takes the

4-21     oath of office.

4-22           (e)  A Chief Justice or Justice [and] shall receive for the

4-23     Justice's [their] services the sum provided by law.

4-24           (f)  Each Court of Appeals shall appoint a clerk in the same

4-25     manner as the clerk of the Supreme Court which clerk shall receive

4-26     such compensation as may be fixed by law.

4-27           (g)  All constitutional and statutory references to the

 5-1     Courts of Civil Appeals shall be construed to mean the Courts of

 5-2     Appeals.

 5-3           Sec. 28.  (a)  Vacancies In Offices Of Judges Of Superior

 5-4     Courts To Be Filled By The Governor.  Vacancies in the office of

 5-5     judges of the Supreme Court, the Court of Criminal Appeals, the

 5-6     Courts [Court] of [Civil] Appeals and the District Courts shall be

 5-7     filled by the Governor.

 5-8           (b)  The Governor shall fill vacancies under this section so

 5-9     that the persons serving in those offices fairly reflect the

5-10     geographic distribution and ethnic and racial composition of the

5-11     population of the district served by the court or the state, as

5-12     applicable, according to the most recent federal decennial census.

5-13           (c)  An appointment by the Governor under this section is

5-14     subject to Senate confirmation in the manner provided by this

5-15     Constitution.  The Senate, in confirming appointments under this

5-16     section, shall ensure that the persons serving in those offices

5-17     fairly reflect the geographic distribution and ethnic and racial

5-18     composition of the population of the district served by the court

5-19     or the state, as applicable, according to the most recent federal

5-20     decennial census.

5-21           (d)  A vacancy in the office of judge of a District Court

5-22     shall be filled by the Governor until the beginning of the term of

5-23     the judge elected to that court at the next succeeding General

5-24     Election.

5-25           (e)  Vacancies[; and vacancies] in the office of County Judge

5-26     and Justices of the Peace shall be filled by the Commissioners

5-27     Court until the next succeeding General Election.

 6-1           SECTION 2.  The following temporary provision is added to the

 6-2     Texas Constitution:

 6-3           TEMPORARY PROVISION.  (a)  This temporary provision applies

 6-4     to the constitutional amendment proposed by the 75th Legislature,

 6-5     Regular Session, 1997, relating to the method of selection of

 6-6     certain justices and judges.

 6-7           (b)  The constitutional amendment takes effect January 1,

 6-8     1998.

 6-9           (c)  This temporary provision expires January 1, 2006.

6-10           SECTION 3.  This proposed constitutional amendment shall be

6-11     submitted to the voters at an election to be held November 4, 1997.

6-12     The ballot shall be printed to permit voting for or against the

6-13     proposition:  "The constitutional amendment providing for the

6-14     method of selection for certain justices and judges."