HBA-JRA H.J.R. 38 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.J.R. 38
By: Smith
Judicial Affairs
2/24/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, the Texas Constitution requires that a candidate for district
judge have four years of experience in the legal profession.  As proposed,
H.J.R. 38 requires the submission to the voters of a constitutional
amendment requiring a candidate for district judge to have eight years of
experience in the legal profession. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 7, Article V, Texas Constitution, as follows:

(a)  Creates subdivision from existing text.

(b)  Creates subdivision from existing text.  Requires a district judge to
have been a practicing lawyer or a Judge of a Court, or both combined, for
eight years immediately preceding election, except as provided by
Subsection (f).  Makes nonsubstantive changes. 

(c)  Creates subdivision from existing text.

(d)  Creates subdivision from existing text.  Makes nonsubstantive changes.

(e)  Creates subdivision from existing text.

(f)  Provides that a person serving in the office of district judge on
January 1, 2000,  to be eligible to serve as district judge, must be
elected by the qualified voters at a General Election; be a citizen of the
United States and of this state; be licensed to practice law in this state;
have been a practicing lawyer or a Judge of a Court in this state, or both
combined, for four years immediately preceding election; have resided in
the district for two years immediately preceding election; and reside in
the district during the judge's term of office. 

SECTION 2.  Requires this proposed constitutional amendment to be submitted
to the voters at an election to be held November 2, 1999.  Sets forth the
required language for the ballot.