By Hupp H.J.R. No. 49
76R5683 GGS-D
A JOINT RESOLUTION
1-1 proposing a constitutional amendment providing for gubernatorial
1-2 appointment from a list of judicial selection committee nominees to
1-3 fill vacancies in the offices of justices of the supreme court and
1-4 judges of the court of criminal appeals, and for nonpartisan
1-5 retention elections for those justices and judges.
1-6 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. Sections 2, 4, and 28, Article V, Texas
1-8 Constitution, are amended to read as follows:
1-9 Sec. 2. (a) The Supreme Court shall consist of the Chief
1-10 Justice and eight Justices, any five of whom shall constitute a
1-11 quorum, and the concurrence of five shall be necessary to a
1-12 decision of a case; provided, that when the business of the court
1-13 may require, the court may sit in sections as designated by the
1-14 court to hear argument of causes and to consider applications for
1-15 writs of error or other preliminary matters.
1-16 (b) No person shall be eligible to serve in the office of
1-17 Chief Justice or Justice of the Supreme Court unless the person is
1-18 licensed to practice law in this state and is, at the time of
1-19 election or appointment, a citizen of the United States and of this
1-20 state, and has attained the age of thirty-five years, and has been
1-21 a practicing lawyer, or a lawyer and judge of a court of record
1-22 together at least ten years.
1-23 (c) Said Chief Justice and Justices following the appointed
1-24 term shall be subject, in the manner provided by law, to retention
2-1 or rejection on a nonpartisan ballot [elected (three of them each
2-2 two years)] by the qualified voters of the state at a general
2-3 election; and on each successive retention by the voters shall hold
2-4 their offices six years, or until their successors are [elected
2-5 and] qualified. On appointment to a vacancy, a Chief Justice or
2-6 Justice serves an initial term that ends January 1 of the third
2-7 odd-numbered year that occurs after the Chief Justice or Justice
2-8 takes the oath of office.
2-9 (d) The Chief Justice and Justices[; and] shall each receive
2-10 such compensation as shall be provided by law. [In case of a
2-11 vacancy in the office of the Chief Justice or any Justice of the
2-12 Supreme Court, the Governor shall fill the vacancy until the next
2-13 general election for state officers, and at such general election
2-14 the vacancy for the unexpired term shall be filled by election by
2-15 the qualified voters of the state. The Justices of the Supreme
2-16 Court who may be in office at the time this amendment takes effect
2-17 shall continue in office until the expiration of their term of
2-18 office under the present Constitution, and until their successors
2-19 are elected and qualified.]
2-20 Sec. 4. (a) The Court of Criminal Appeals shall consist of
2-21 eight Judges and one Presiding Judge.
2-22 (b) The Judges shall have the same qualifications and
2-23 receive the same salaries as the [Associate] Justices of the
2-24 Supreme Court, and the Presiding Judge shall have the same
2-25 qualifications and receive the same salary as the Chief Justice of
2-26 the Supreme Court.
2-27 (c) The Presiding Judge and the Judges following the
3-1 appointed term shall be subject, in the manner provided by law, to
3-2 retention or rejection on a nonpartisan ballot [elected] by the
3-3 qualified voters of the state at a general election and on each
3-4 successive retention by the voters shall hold their offices for a
3-5 term of six years. On appointment to a vacancy, a Presiding Judge
3-6 or Judge serves an initial term that ends January 1 of the third
3-7 odd-numbered year that occurs after the Presiding Judge or Judge
3-8 takes the oath of office. [In case of a vacancy in the office of a
3-9 Judge of the Court of Criminal Appeals, the Governor shall, with
3-10 the advice and consent of the Senate, fill said vacancy by
3-11 appointment until the next succeeding general election.]
3-12 (d) For the purpose of hearing cases, the Court of Criminal
3-13 Appeals may sit in panels of three Judges, the designation thereof
3-14 to be under rules established by the court. In a panel of three
3-15 Judges, two Judges shall constitute a quorum and the concurrence of
3-16 two Judges shall be necessary for a decision. The Presiding Judge,
3-17 under rules established by the court, shall convene the court en
3-18 banc for the transaction of all other business and may convene the
3-19 court en banc for the purpose of hearing cases. The court must sit
3-20 en banc during proceedings involving capital punishment and other
3-21 cases as required by law. When convened en banc, five Judges shall
3-22 constitute a quorum and the concurrence of five Judges shall be
3-23 necessary for a decision. The Court of Criminal Appeals may
3-24 appoint Commissioners in aid of the Court of Criminal Appeals as
3-25 provided by law.
3-26 Sec. 28. (a) [Vacancies In Offices Of Judges Of Superior
3-27 Courts To Be Filled By The Governor.] Vacancies in the offices
4-1 [office] of Justices or Judges [judges] of the Supreme Court and[,]
4-2 the Court of Criminal Appeals shall be filled by the Governor from
4-3 a list of nominees submitted to the Governor by the appropriate
4-4 judicial selection committee as provided by law. An appointment by
4-5 the Governor under this subsection is subject to Senate
4-6 confirmation in the manner provided by this Constitution.
4-7 (b) Vacancies in the offices of Justices or Judges of [,]
4-8 the Courts [Court] of [Civil] Appeals and the District Courts shall
4-9 be filled by the Governor until the next succeeding General
4-10 Election.
4-11 (c) Vacancies [; and vacancies] in the office of County
4-12 Judge and Justices of the Peace shall be filled by the
4-13 Commissioners Court until the next succeeding General Election.
4-14 SECTION 2. The following temporary provision is added to the
4-15 Texas Constitution:
4-16 TEMPORARY PROVISION. (a) This temporary provision applies
4-17 to the constitutional amendment proposed by the 76th Legislature,
4-18 Regular Session, 1999, providing for gubernatorial appointment from
4-19 a list of judicial selection committee nominees to justices of the
4-20 supreme court and judges of the court of criminal appeals and for
4-21 nonpartisan retention elections for those justices and judges.
4-22 (b) The constitutional amendment takes effect January 1,
4-23 2000.
4-24 (c) This temporary provision expires January 1, 2008.
4-25 SECTION 3. This proposed constitutional amendment shall be
4-26 submitted to the voters at an election to be held November 2, 1999.
4-27 The ballot shall be printed to permit voting for or against the
5-1 proposition: "The constitutional amendment providing for the
5-2 governor to fill vacancies from a list of judicial selection
5-3 committee nominees in the offices of justices of the Texas Supreme
5-4 Court and judges of the Texas Court of Criminal Appeals and
5-5 providing for nonpartisan retention elections for those justices
5-6 and judges."