By Ellis                                        S.J.R. No. 23

      75R2233 GGS-D                           

                                 A JOINT RESOLUTION

 1-1     proposing a constitutional amendment providing for the appointment

 1-2     of appellate justices and judges by the governor with retention

 1-3     elections on a nonpartisan ballot for those justices and judges,

 1-4     for the nonpartisan election and retention or rejection of district

 1-5     judges, for the election of certain district judges from

 1-6     commissioners court precincts, and for the alteration of the terms

 1-7     of certain judicial offices.

 1-8           BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-9           SECTION 1.  Sections 2, 4, 6, 7, and 28, Article V, Texas

1-10     Constitution, are amended to read as follows:

1-11           Sec. 2.  (a)  The Supreme Court shall consist of the Chief

1-12     Justice and eight Justices, any five of whom shall constitute a

1-13     quorum, and the concurrence of five shall be necessary to a

1-14     decision of a case; provided, that when the business of the court

1-15     may require, the court may sit in sections as designated by the

1-16     court to hear argument of causes and to consider applications for

1-17     writs of error or other preliminary matters.

1-18           (b)  No person shall be eligible to serve in the office of

1-19     Chief Justice or Justice of the Supreme Court unless the person is

1-20     licensed to practice law in this state and is, at the time of

1-21     election, a citizen of the United States and of this state, and has

1-22     attained the age of thirty-five years, and has been a practicing

1-23     lawyer, or a lawyer and judge of a court of record together at

1-24     least ten years.

 2-1           (c)  Said Chief Justice and Justices shall be subject, in the

 2-2     manner provided by law, to retention or rejection on a nonpartisan

 2-3     ballot [elected (three of them each two years)] by the qualified

 2-4     voters of the state at a general election; and on retention by the

 2-5     voters shall hold their offices six years, or until their

 2-6     successors are [elected and] qualified.  On appointment to a

 2-7     vacancy as provided by Section 28, Article V, of this Constitution,

 2-8     a Chief Justice or a Justice serves an initial term that ends

 2-9     January 1 of the first odd-numbered year that begins more than 18

2-10     months after the Chief Justice or Justice takes the oath of office.

2-11           (d)  The Chief Justice and Justices[; and] shall each receive

2-12     such compensation as shall be provided by law.  [In case of a

2-13     vacancy in the office of the Chief Justice or any Justice of the

2-14     Supreme Court, the Governor shall fill the vacancy until the next

2-15     general election for state officers, and at such general election

2-16     the vacancy for the unexpired term shall be filled by election by

2-17     the qualified voters of the state.  The Justices of the Supreme

2-18     Court who may be in office at the time this amendment takes effect

2-19     shall continue in office until the expiration of their term of

2-20     office under the present Constitution, and until their successors

2-21     are elected and qualified.]

2-22           Sec. 4.  (a)  The Court of Criminal Appeals shall consist of

2-23     eight Judges and one Presiding Judge.

2-24           (b)  The Judges shall have the same qualifications and

2-25     receive the same salaries as the Associate Justices of the Supreme

2-26     Court, and the Presiding Judge shall have the same qualifications

2-27     and receive the same salary as the Chief Justice of the Supreme

 3-1     Court.

 3-2           (c)  The Presiding Judge and the Judges shall be subject, in

 3-3     the manner provided by law, to retention or rejection on a

 3-4     nonpartisan ballot [elected] by the qualified voters of the state

 3-5     at a general election and on retention by the voters shall hold

 3-6     their offices for a term of six years.  On appointment to a vacancy

 3-7     as provided by Section 28, Article V,  of this Constitution, a

 3-8     Presiding Judge or Judge serves an initial term that ends January 1

 3-9     of the first odd-numbered year that begins more than 18 months

3-10     after the Presiding Judge or Judge takes the oath of office.  [In

3-11     case of a vacancy in the office of a Judge of the Court of Criminal

3-12     Appeals, the Governor shall, with the advice and consent of the

3-13     Senate, fill said vacancy by appointment until the next succeeding

3-14     general election.]

3-15           (d)  For the purpose of hearing cases, the Court of Criminal

3-16     Appeals may sit in panels of three Judges, the designation thereof

3-17     to be under rules established by the court.  In a panel of three

3-18     Judges, two Judges shall constitute a quorum and the concurrence of

3-19     two Judges shall be necessary for a decision.  The Presiding Judge,

3-20     under rules established by the court, shall convene the court en

3-21     banc for the transaction of all other business and may convene the

3-22     court en banc for the purpose of hearing cases.  The court must sit

3-23     en banc during proceedings involving capital punishment and other

3-24     cases as required by law.  When convened en banc, five Judges shall

3-25     constitute a quorum and the concurrence of five Judges shall be

3-26     necessary for a decision.  The Court of Criminal Appeals may

3-27     appoint Commissioners in aid of the Court of Criminal Appeals as

 4-1     provided by law.

 4-2           Sec. 6.  (a)  The state shall be divided into courts of

 4-3     appeals districts, with each district having a Chief Justice, two

 4-4     or more other Justices, and such other officials as may be provided

 4-5     by law.  The Justices shall have the qualifications prescribed for

 4-6     Justices of the Supreme Court.

 4-7           (b)  The Court of Appeals may sit in sections as authorized

 4-8     by law.  The concurrence of a majority of the Justices [judges]

 4-9     sitting in a section is necessary to decide a case.  Said Court of

4-10     Appeals shall have appellate jurisdiction co-extensive with the

4-11     limits of their respective districts, which shall extend to all

4-12     cases of which the District Courts or County Courts have original

4-13     or appellate jurisdiction, under such restrictions and regulations

4-14     as may be prescribed by law.  Provided, that the decision of said

4-15     courts shall be conclusive on all questions of fact brought before

4-16     them on appeal or error.  Said courts shall have such other

4-17     jurisdiction, original and appellate, as may be prescribed by law.

4-18           (c)  Each of said Courts of Appeals shall hold its sessions

4-19     at a place in its district to be designated by the Legislature, and

4-20     at such time as may be prescribed by law.

4-21           (d)  Said Chief Justices and Justices shall be subject, in

4-22     the manner provided by law, to retention or rejection on a

4-23     nonpartisan ballot [elected] by the qualified voters of their

4-24     respective districts at a general election, and on retention by the

4-25     voters serve for a term of six years.  On appointment to a vacancy

4-26     as provided by Section 28, Article V, of this Constitution, a Chief

4-27     Justice or Justice serves an initial term that ends January 1 of

 5-1     the first odd-numbered year that begins more than 18 months after

 5-2     the Chief Justice or Justice takes the oath of office.

 5-3           (e)  A Chief Justice or Justice [and] shall receive for the

 5-4     Justice's [their] services the sum provided by law.

 5-5           (f)  Each Court of Appeals shall appoint a clerk in the same

 5-6     manner as the clerk of the Supreme Court which clerk shall receive

 5-7     such compensation as may be fixed by law.

 5-8           (g)  All constitutional and statutory references to the

 5-9     Courts of Civil Appeals shall be construed to mean the Courts of

5-10     Appeals.

5-11           Sec. 7.  (a)  The State shall be divided into judicial

5-12     districts, with each district having one or more Judges as may be

5-13     provided by law or by this Constitution.

5-14           (b)  The Legislature shall provide for the election and

5-15     retention or rejection, on a nonpartisan ballot, of Judges of the

5-16     judicial districts of this State.  The Legislature shall provide

5-17     for the retention or rejection by the qualified voters of the

5-18     entire judicial district.

5-19           (c)  For the State's most populous counties, as determined by

5-20     law, the Judges of judicial districts composed entirely of one of

5-21     those counties shall be elected from commissioners court precincts

5-22     in the county as provided by law.  All other district judges shall

5-23     be elected from within the boundaries of the judicial district.  A

5-24     district judge elected from a commissioners court precinct serves

5-25     the entire judicial district.  A district judge must reside in the

5-26     judicial district, and a district judge elected from a

5-27     commissioners court precinct may, but need not, reside in the

 6-1     commissioners court precinct.

 6-2           (d)  Each district judge shall be elected by the qualified

 6-3     voters at a General Election for a term of four (4) years beginning

 6-4     on a date provided by general law.  A district judge elected

 6-5     following the occurrence of a vacancy serves a full term of four

 6-6     (4) years without regard to the term of the district judge vacating

 6-7     the office, and Section 27, Article XVI, of this Constitution does

 6-8     not apply in that event.

 6-9           (e)  A district judge must [and shall] be a citizen of the

6-10     United States and of this State, who is licensed to practice law in

6-11     this State and has been a practicing lawyer or a Judge of a Court

6-12     in this State, or both combined, for four (4) years next preceding

6-13     his election, who has resided in the judicial district in which he

6-14     was elected for two (2) years next preceding his election, [and who

6-15     shall reside in his district during his term of office and hold his

6-16     office for the period of four (4) years,] and who shall receive for

6-17     his services an annual salary to be fixed by the Legislature.

6-18           (f)  The Court shall conduct its proceedings at the county

6-19     seat of the county in which the case is pending, except as

6-20     otherwise provided by law.  He shall hold the regular terms of his

6-21     Court at the County Seat of each County in his district in such

6-22     manner as may be prescribed by law.   The Legislature shall have

6-23     power by General or Special Laws to make such provisions concerning

6-24     the terms or sessions of each Court as it may deem necessary.

6-25           (g)  The Legislature shall also provide for the holding of

6-26     District Court when the Judge thereof is absent, or is from any

6-27     cause disabled or disqualified from presiding.

 7-1           (h)  Section 7a(i) of this article does not affect the

 7-2     election of a district judge from a commissioners court precinct

 7-3     under Subsection (c) of this section.

 7-4           Sec. 28.  (a)  [Vacancies In Offices Of Judges Of Superior

 7-5     Courts To Be Filled By The Governor.]  Vacancies in the office of

 7-6     judges of the Supreme Court, the Court of Criminal Appeals, and the

 7-7     Courts [Court] of [Civil] Appeals [and the District Courts] shall

 7-8     be filled by the Governor.

 7-9           (b)  The Governor shall fill vacancies under this section so

7-10     that the persons serving in those offices fairly reflect the

7-11     geographic distribution and ethnic and racial composition of the

7-12     population of the district served by the court or the state, as

7-13     applicable, according to the most recent federal decennial census.

7-14           (c)  An appointment by the Governor under this section is

7-15     subject to Senate confirmation in the manner provided by  this

7-16     Constitution.  The Senate, in confirming appointments under this

7-17     section, shall ensure that the persons serving in those offices

7-18     fairly reflect the geographic distribution and ethnic and racial

7-19     composition of the population of the district served by the court

7-20     or the state, as applicable, according to the most recent federal

7-21     decennial census.

7-22           (d)  A vacancy in the office of judge of a District Court

7-23     shall be filled by the Governor until the beginning of the term of

7-24     the judge elected to that court at the next succeeding General

7-25     Election.

7-26           (e)  Vacancies[; and vacancies] in the office of County Judge

7-27     and Justices of the Peace shall be filled by the Commissioners

 8-1     Court until the next succeeding General Election.

 8-2           SECTION 2.  Article V, Texas Constitution, is amended by

 8-3     adding Section 32 to read as follows:

 8-4           Sec. 32.  The legislature may alter the terms of offices

 8-5     created by this article as necessary to implement a change in

 8-6     election date for those offices, a restructuring of any part of the

 8-7     judicial system, or a staggering of the terms of those offices.

 8-8           SECTION 3.  The following temporary provision is added to the

 8-9     Texas Constitution:

8-10           TEMPORARY PROVISION.  (a)  This temporary provision applies

8-11     to the constitutional amendment proposed by the 75th Legislature,

8-12     Regular Session, 1997, relating to the appointment of appellate

8-13     justices and judges by the governor and retention or rejection of

8-14     those justices and judges, to the election and retention or

8-15     rejection of district judges, to the election of district judges in

8-16     certain counties, and to the alteration of the terms of certain

8-17     judicial offices.

8-18           (b)  The constitutional amendment takes effect January 1,

8-19     1998.

8-20           (c)  This temporary provision expires January 1, 2006.

8-21           SECTION 4.  This proposed constitutional amendment shall be

8-22     submitted to the voters at an election to be held November 4, 1997.

8-23     The ballot shall be printed to permit voting for or against the

8-24     proposition:  "The constitutional amendment providing for the

8-25     governor to fill vacancies in the offices of appellate justices and

8-26     judges, providing for retention elections on a nonpartisan ballot

8-27     for those justices and judges, providing for the nonpartisan

 9-1     election and retention or rejection of district judges, and

 9-2     providing for the election of district judges from commissioners

 9-3     court precincts in the state's most populous counties."