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."