By Smith H.J.R. No. 38
76R4474 JMC-D
A JOINT RESOLUTION
1-1 proposing a constitutional amendment changing the experience
1-2 requirement for persons serving as district judges.
1-3 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 7, Article V, Texas Constitution, is
1-5 amended to read as follows:
1-6 Sec. 7. (a) The State shall be divided into judicial
1-7 districts, with each district having one or more Judges as may be
1-8 provided by law or by this Constitution.
1-9 (b) Except as provided by Subsection (f) of this section,
1-10 each [Each] district judge shall be elected by the qualified voters
1-11 at a General Election and shall be a citizen of the United States
1-12 and of this State who has been a practicing lawyer or a Judge of a
1-13 Court, or both combined, for eight (8) years next preceding the
1-14 judge's election, who is licensed to practice law in this State and
1-15 has been a practicing lawyer or a Judge of a Court in this State,
1-16 or both combined, for four (4) years next preceding the judge's
1-17 [his] election, who has resided in the district in which the judge
1-18 [he] was elected for two (2) years next preceding the judge's [his]
1-19 election, and who shall reside in the [his] district during the
1-20 judge's [his] term of office and hold [his] office for the period
1-21 of four (4) years, and who shall receive for the judge's [his]
1-22 services an annual salary to be fixed by the Legislature.
1-23 (c) The Court shall conduct its proceedings at the county
1-24 seat of the county in which the case is pending, except as
2-1 otherwise provided by law.
2-2 (d) The district judge [He] shall hold the regular terms of
2-3 [his] Court at the County Seat of each County in the [his] district
2-4 in such manner as may be prescribed by law. The Legislature shall
2-5 have power by General or Special Laws to make such provisions
2-6 concerning the terms or sessions of each Court as it may deem
2-7 necessary.
2-8 (e) The Legislature shall also provide for the holding of
2-9 District Court when the Judge thereof is absent, or is from any
2-10 cause disabled or disqualified from presiding.
2-11 (f) A person serving in the office of district judge on
2-12 January 1, 2000, to be eligible to serve as a district judge, must
2-13 be elected by the qualified voters at a General Election, be a
2-14 citizen of the United States and of this State, be licensed to
2-15 practice law in this State, have been a practicing lawyer or a
2-16 Judge of a Court in this State, or both combined, for four (4)
2-17 years next preceding the judge's election, have resided in the
2-18 district in which elected for two (2) years next preceding
2-19 election, and reside in the district during the judge's term of
2-20 office.
2-21 SECTION 2. This proposed constitutional amendment shall be
2-22 submitted to the voters at an election to be held November 2, 1999.
2-23 The ballot shall be printed to provide for voting for or against
2-24 the proposition: "The constitutional amendment to require that
2-25 judges of the district courts have practiced law for eight years
2-26 before being elected to office."