1-1     By:  Ellis                                            S.J.R. No. 23

 1-2           (In the Senate - Filed January 31, 1997; February 5, 1997,

 1-3     read first time and referred to Committee on Jurisprudence;

 1-4     April 9, 1997, reported favorably by the following vote:  Yeas 4,

 1-5     Nays 3; April 9, 1997, sent to printer.)

 1-6                           SENATE JOINT RESOLUTION

 1-7     proposing a constitutional amendment providing for the appointment

 1-8     of appellate justices and judges by the governor with retention

 1-9     elections on a nonpartisan ballot for those justices and judges,

1-10     for the nonpartisan election and retention or rejection of district

1-11     judges, for the election of certain district judges from

1-12     commissioners court precincts, and for the alteration of the terms

1-13     of certain judicial offices.

1-14           BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-15           SECTION 1.  Sections 2, 4, 6, 7, and 28, Article V, Texas

1-16     Constitution, are amended to read as follows:

1-17           Sec. 2. (a)  The Supreme Court shall consist of the Chief

1-18     Justice and eight Justices, any five of whom shall constitute a

1-19     quorum, and the concurrence of five shall be necessary to a

1-20     decision of a case; provided, that when the business of the court

1-21     may require, the court may sit in sections as designated by the

1-22     court to hear argument of causes and to consider applications for

1-23     writs of error or other preliminary matters.

1-24           (b)  No person shall be eligible to serve in the office of

1-25     Chief Justice or Justice of the Supreme Court unless the person is

1-26     licensed to practice law in this state and is, at the time of

1-27     election, a citizen of the United States and of this state, and has

1-28     attained the age of thirty-five years, and has been a practicing

1-29     lawyer, or a lawyer and judge of a court of record together at

1-30     least ten years.

1-31           (c)  Said Chief Justice and Justices shall be subject, in the

1-32     manner provided by law, to retention or rejection on a nonpartisan

1-33     ballot [elected (three of them each two years)] by the qualified

1-34     voters of the state at a general election; and on retention by the

1-35     voters shall hold their offices six years, or until their

1-36     successors are [elected and] qualified.  On appointment to a

1-37     vacancy as provided by Section 28 of this article, a Chief Justice

1-38     or a Justice serves an initial term that ends January 1 of the

1-39     first odd-numbered year that begins more than 18 months after the

1-40     Chief Justice or Justice takes the oath of office.

1-41           (d)  The Chief Justice and Justices[; and] shall each receive

1-42     such compensation as shall be provided by law. [In case of a

1-43     vacancy in the office of the Chief Justice or any Justice of the

1-44     Supreme Court, the Governor shall fill the vacancy until the next

1-45     general election for state officers, and at such general election

1-46     the vacancy for the unexpired term shall be filled by election by

1-47     the qualified voters of the state.  The Justices of the Supreme

1-48     Court who may be in office at the time this amendment takes effect

1-49     shall continue in office until the expiration of their term of

1-50     office under the present Constitution, and until their successors

1-51     are elected and qualified.]

1-52           Sec. 4. (a)  The Court of Criminal Appeals shall consist of

1-53     eight Judges and one Presiding Judge.

1-54           (b)  The Judges shall have the same qualifications and

1-55     receive the same salaries as the Associate Justices of the Supreme

1-56     Court, and the Presiding Judge shall have the same qualifications

1-57     and receive the same salary as the Chief Justice of the Supreme

1-58     Court.

1-59           (c)  The Presiding Judge and the Judges shall be subject, in

1-60     the manner provided by law, to retention or rejection on a

1-61     nonpartisan ballot [elected] by the qualified voters of the state

1-62     at a general election and on retention by the voters shall hold

1-63     their offices for a term of six years.  On appointment to a vacancy

1-64     as provided by Section 28 of this article, a Presiding Judge or

 2-1     Judge serves an initial term that ends January 1 of the first

 2-2     odd-numbered year that begins more than 18 months after the

 2-3     Presiding Judge or Judge takes the oath of office.  [In case of a

 2-4     vacancy in the office of a Judge of the Court of Criminal Appeals,

 2-5     the Governor shall, with the advice and consent of the Senate, fill

 2-6     said vacancy by appointment until the next succeeding general

 2-7     election.]

 2-8           (d)  For the purpose of hearing cases, the Court of Criminal

 2-9     Appeals may sit in panels of three Judges, the designation thereof

2-10     to be under rules established by the court.  In a panel of three

2-11     Judges, two Judges shall constitute a quorum and the concurrence of

2-12     two Judges shall be necessary for a decision.  The Presiding Judge,

2-13     under rules established by the court, shall convene the court en

2-14     banc for the transaction of all other business and may convene the

2-15     court en banc for the purpose of hearing cases.  The court must sit

2-16     en banc during proceedings involving capital punishment and other

2-17     cases as required by law.  When convened en banc, five Judges shall

2-18     constitute a quorum and the concurrence of five Judges shall be

2-19     necessary for a decision.  The Court of Criminal Appeals may

2-20     appoint Commissioners in aid of the Court of Criminal Appeals as

2-21     provided by law.

2-22           Sec. 6. (a)  The state shall be divided into courts of

2-23     appeals districts, with each district having a Chief Justice, two

2-24     or more other Justices, and such other officials as may be provided

2-25     by law.  The Justices shall have the qualifications prescribed for

2-26     Justices of the Supreme Court.

2-27           (b)  The Court of Appeals may sit in sections as authorized

2-28     by law.  The concurrence of a majority of the Justices [judges]

2-29     sitting in a section is necessary to decide a case.  Said Court of

2-30     Appeals shall have appellate jurisdiction co-extensive with the

2-31     limits of their respective districts, which shall extend to all

2-32     cases of which the District Courts or County Courts have original

2-33     or appellate jurisdiction, under such restrictions and regulations

2-34     as may be prescribed by law.  Provided, that the decision of said

2-35     courts shall be conclusive on all questions of fact brought before

2-36     them on appeal or error.  Said courts shall have such other

2-37     jurisdiction, original and appellate, as may be prescribed by law.

2-38           (c)  Each of said Courts of Appeals shall hold its sessions

2-39     at a place in its district to be designated by the Legislature, and

2-40     at such time as may be prescribed by law.

2-41           (d)  Said Chief Justices and Justices shall be subject, in

2-42     the manner provided by law, to retention or rejection on a

2-43     nonpartisan ballot [elected] by the qualified voters of their

2-44     respective districts at a general election, and on retention by the

2-45     voters serve for a term of six years.  On appointment to a vacancy

2-46     as provided by Section 28 of this article, a Chief Justice or

2-47     Justice serves an initial term that ends January 1 of the first

2-48     odd-numbered year that begins more than 18 months after the Chief

2-49     Justice or Justice takes the oath of office.

2-50           (e)  A Chief Justice or Justice [and] shall receive for the

2-51     Justice's [their] services the sum provided by law.

2-52           (f)  Each Court of Appeals shall appoint a clerk in the same

2-53     manner as the clerk of the Supreme Court which clerk shall receive

2-54     such compensation as may be fixed by law.

2-55           (g)  All constitutional and statutory references to the

2-56     Courts of Civil Appeals shall be construed to mean the Courts of

2-57     Appeals.

2-58           Sec. 7.  (a)  The State shall be divided into judicial

2-59     districts, with each district having one or more Judges as may be

2-60     provided by law or by this Constitution.

2-61           (b)  The Legislature shall provide for the election and

2-62     retention or rejection, on a nonpartisan ballot, of Judges of the

2-63     judicial districts of this State.  The Legislature shall provide

2-64     for the retention or rejection by the qualified voters of the

2-65     entire judicial district.

2-66           (c)  For the State's most populous counties, as determined by

2-67     law, the Judges of judicial districts composed entirely of one of

2-68     those counties shall be elected from commissioners court precincts

2-69     in the county as provided by law.  All other district judges shall

 3-1     be elected from within the boundaries of the judicial district.  A

 3-2     district judge elected from a commissioners court precinct serves

 3-3     the entire judicial district.  A district judge must reside in the

 3-4     judicial district, and a district judge elected from a

 3-5     commissioners court precinct may, but need not, reside in the

 3-6     commissioners court precinct.

 3-7           (d)  Each district judge shall be elected by the qualified

 3-8     voters at a General Election for a term of four (4) years beginning

 3-9     on a date provided by general law.  A district judge elected

3-10     following the occurrence of a vacancy serves a full term of four

3-11     (4) years without regard to the term of the district judge vacating

3-12     the office, and Section 27, Article XVI, of this Constitution does

3-13     not apply in that event.

3-14           (e)  A district judge must [and shall] be a citizen of the

3-15     United States and of this State, who is licensed to practice law in

3-16     this State and has been a practicing lawyer or a Judge of a Court

3-17     in this State, or both combined, for four (4) years next preceding

3-18     his election, who has resided in the judicial district in which he

3-19     was elected for two (2) years next preceding his election, [and who

3-20     shall reside in his district during his term of office and hold his

3-21     office for the period of four (4) years,] and who shall receive for

3-22     his services an annual salary to be fixed by the Legislature.

3-23           (f)  The Court shall conduct its proceedings at the county

3-24     seat of the county in which the case is pending, except as

3-25     otherwise provided by law.  He shall hold the regular terms of his

3-26     Court at the County Seat of each County in his district in such

3-27     manner as may be prescribed by law. The Legislature shall have

3-28     power by General or Special Laws to make such provisions concerning

3-29     the terms or sessions of each Court as it may deem necessary.

3-30           (g)  The Legislature shall also provide for the holding of

3-31     District Court when the Judge thereof is absent, or is from any

3-32     cause disabled or disqualified from presiding.

3-33           (h)  Section 7a(i) of this article does not affect the

3-34     election of a district judge from a commissioners court precinct

3-35     under Subsection (c) of this section.

3-36           Sec. 28. (a)  [Vacancies In Offices Of Judges Of Superior

3-37     Courts To Be Filled By The Governor.]  Vacancies in the office of

3-38     judges of the Supreme Court, the Court of Criminal Appeals, and the

3-39     Courts [Court] of [Civil] Appeals [and the District Courts] shall

3-40     be filled by the Governor.

3-41           (b)  The Governor shall fill vacancies under this section so

3-42     that the persons serving in those offices fairly reflect the

3-43     geographic distribution and ethnic and racial composition of the

3-44     population of the district served by the court or the state, as

3-45     applicable, according to the most recent federal decennial census.

3-46           (c)  An appointment by the Governor under this section is

3-47     subject to Senate confirmation in the manner provided by this

3-48     Constitution.  The Senate, in confirming appointments under this

3-49     section, shall ensure that the persons serving in those offices

3-50     fairly reflect the geographic distribution and ethnic and racial

3-51     composition of the population of the district served by the court

3-52     or the state, as applicable, according to the most recent federal

3-53     decennial census.

3-54           (d)  A vacancy in the office of judge of a District Court

3-55     shall be filled by the Governor until the beginning of the term of

3-56     the judge elected to that court at the next succeeding General

3-57     Election.

3-58           (e)  Vacancies[; and vacancies] in the office of County Judge

3-59     and Justices of the Peace shall be filled by the Commissioners

3-60     Court until the next succeeding General Election.

3-61           SECTION 2.  Article V, Texas Constitution, is amended by

3-62     adding Section 32 to read as follows:

3-63           Sec. 32.  The legislature may alter the terms of offices

3-64     created by this article as necessary to implement a change in

3-65     election date for those offices, a restructuring of any part of the

3-66     judicial system, or a staggering of the terms of those offices.

3-67           SECTION 3.  The following temporary provision is added to the

3-68     Texas Constitution:

3-69           TEMPORARY PROVISION.  (a)  This temporary provision applies

 4-1     to the constitutional amendment proposed by the 75th Legislature,

 4-2     Regular Session, 1997, relating to the appointment of appellate

 4-3     justices and judges by the governor and retention or rejection of

 4-4     those justices and judges, to the election and retention or

 4-5     rejection of district judges, to the election of district judges in

 4-6     certain counties, and to the alteration of the terms of certain

 4-7     judicial offices.

 4-8           (b)  The constitutional amendment takes effect January 1,

 4-9     1998.

4-10           (c)  This temporary provision expires January 1, 2006.

4-11           SECTION 4.  This proposed constitutional amendment shall be

4-12     submitted to the voters at an election to be held November 4, 1997.

4-13     The ballot shall be printed to permit voting for or against the

4-14     proposition:  "The constitutional amendment providing for the

4-15     governor to fill vacancies in the offices of appellate justices and

4-16     judges, providing for retention elections on a nonpartisan ballot

4-17     for those justices and judges, providing for the nonpartisan

4-18     election and retention or rejection of district judges, and

4-19     providing for the election of district judges from commissioners

4-20     court precincts in the state's most populous counties."

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