By Solomons                                           H.J.R. No. 96
         76R12239 GGS-D                           
                                 A JOINT RESOLUTION
 1-1     proposing a constitutional amendment abolishing the court of
 1-2     criminal appeals and establishing one supreme court with civil and
 1-3     criminal jurisdiction and revising the manner in which appellate
 1-4     justices and district judges are selected, using a combination of
 1-5     appointment, partisan elections, and nonpartisan retention
 1-6     elections.
 1-7           BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-8           SECTION 1.  Sections 1, 2, 3, 6, 7, and 28, Article V, Texas
 1-9     Constitution, are amended to read as follows:
1-10           Sec. 1.  (a)  The judicial power of this State shall be
1-11     vested in one Supreme Court, [in one Court of Criminal Appeals,] in
1-12     Courts of Appeals, in District Courts, in County Courts, in
1-13     Commissioners Courts, in Courts of Justices of the Peace, and in
1-14     such other courts as may be provided by law.
1-15           (b)  The Legislature may establish such other courts as it
1-16     may deem necessary and prescribe the jurisdiction and organization
1-17     thereof, and may conform the jurisdiction of the district and other
1-18     inferior courts thereto.
1-19           (c)  A reference in this constitution or other law to the
1-20     Court of Criminal Appeals means the Supreme Court and a reference
1-21     to a judge of the Court of Criminal Appeals means a justice of the
1-22     Supreme Court.
1-23           Sec. 2.  (a)  The Supreme Court shall consist of the Chief
1-24     Justice and 14 [eight] Justices, any eight [five] of whom shall
 2-1     constitute a quorum, and the concurrence of eight [five] shall be
 2-2     necessary to a decision of a case; provided, that when the business
 2-3     of the court may require, the court may sit in panels of at least
 2-4     five Justices [sections] as designated by the court to hear
 2-5     argument of causes and to consider applications for writs of error
 2-6     or other preliminary matters.  The court shall sit en banc during
 2-7     proceedings involving capital punishment, rehearings of cases on
 2-8     granted motions, and other cases as required by law.
 2-9           (b)  No person shall be eligible to serve in the office of
2-10     Chief Justice or Justice of the Supreme Court unless the person is
2-11     licensed to practice law in this state and is, at the time of
2-12     election or appointment, a citizen of the United States and a
2-13     resident of this state and, as applicable, of the particular
2-14     supreme court district, and has attained the age of thirty-five
2-15     years, and has been a practicing lawyer, or a lawyer and judge of a
2-16     court of record together at least ten years.
2-17           (c)  Of the 14 Justices, seven positions are appointive and
2-18     seven are elective, as provided by this section.  The Legislature
2-19     shall divide the state into seven contiguous supreme court
2-20     districts (West, South, South Central, Central, North Central,
2-21     East, and Coastal) that meet the population requirements of federal
2-22     law, with each district having one elected and one appointed
2-23     Justice.  For the appointive position, the Governor shall appoint
2-24     one Justice from the district, who holds office for a term of six
2-25     years or until a successor has qualified.  The other seven [Said]
2-26     Justices shall be subject, in the manner provided by law, to an
2-27     initial election on a partisan ballot, followed by retention or
 3-1     rejection on a nonpartisan ballot, [elected (three of them each two
 3-2     years)] by the qualified voters of their respective districts [the
 3-3     state] at a general election; and on election and on each
 3-4     successive retention by the voters shall hold their offices six
 3-5     years, or until their successors are [elected and] qualified.
 3-6           (d)  The Governor shall appoint the Chief Justice, who holds
 3-7     office for a term of six years or until a successor has qualified.
 3-8     If a new Chief Justice is appointed, the appointee may not be a
 3-9     resident of the same district in which the preceding Chief Justice
3-10     resided.  On a vacancy in the office of Chief Justice, the senior
3-11     Justice also serves as the Chief Justice until a successor has
3-12     qualified.
3-13           (e)  A Chief Justice or Justice may not serve on the court
3-14     for more than 20 years, comprising an aggregate of appointed and
3-15     elected tenure and regardless of the capacity served.
3-16           (f)  The Chief Justice and Justices[; and] shall each receive
3-17     such compensation as shall be provided by law.  [In case of a
3-18     vacancy in the office of the Chief Justice or any Justice of the
3-19     Supreme Court, the Governor shall fill the vacancy until the next
3-20     general election for state officers, and at such general election
3-21     the vacancy for the unexpired term shall be filled by election by
3-22     the qualified voters of the state.  The Justices of the Supreme
3-23     Court who may be in office at the time this amendment takes effect
3-24     shall continue in office until the expiration of their term of
3-25     office under the present Constitution, and until their successors
3-26     are elected and qualified.]
3-27           Sec. 3.  (a) The Supreme Court shall exercise the judicial
 4-1     power of the state except as otherwise provided in this
 4-2     Constitution.  Its jurisdiction shall be coextensive with the
 4-3     limits of the State and its determinations shall be final [except
 4-4     in criminal law matters].  Its appellate jurisdiction shall be
 4-5     final and shall extend to all cases [except in criminal law
 4-6     matters] and as otherwise provided in this Constitution or by law.
 4-7     The Supreme Court and the Justices thereof shall have power to
 4-8     issue writs of habeas corpus, as may be prescribed by law, and
 4-9     under such regulations as may be prescribed by law, the said courts
4-10     and the Justices thereof may issue the writs of mandamus,
4-11     procedendo, prohibition, certiorari and such other writs, as may be
4-12     necessary to enforce its jurisdiction.  The Legislature may confer
4-13     original jurisdiction on the Supreme Court to issue writs of quo
4-14     warranto and mandamus in such cases as may be specified, except as
4-15     against the Governor of the State.
4-16           (b)  The appeal of all cases in which the death penalty has
4-17     been assessed shall be to the Supreme Court. The appeal of all
4-18     other criminal cases shall be to the Courts of Appeals as
4-19     prescribed by law. In addition, the Supreme Court may, on its own
4-20     motion, review a decision of a Court of Appeals in a criminal case
4-21     as provided by law. Discretionary review by the Supreme Court is
4-22     not a matter of right, but of sound judicial discretion.
4-23           (c)  The Supreme Court shall also have power, upon affidavit
4-24     or otherwise as by the court may be determined, to ascertain such
4-25     matters of fact as may be necessary to the proper exercise of its
4-26     jurisdiction.
4-27           (d)  The Supreme Court shall appoint a clerk, who shall give
 5-1     bond in such manner as is now or may hereafter, be required by law,
 5-2     and he may hold his office for four years and shall be subject to
 5-3     removal by said court for good cause entered of record on the
 5-4     minutes of said court who shall receive such compensation as the
 5-5     Legislature may provide.
 5-6           Sec. 6.  (a)  The state shall be divided into courts of
 5-7     appeals districts, taking into consideration the supreme court
 5-8     districts, with each district having a Chief Justice, two or more
 5-9     other Justices, and such other officials as may be provided by law.
5-10     The Justices shall have the qualifications prescribed for Justices
5-11     of the Supreme Court.
5-12           (b)  The Court of Appeals may sit in sections as authorized
5-13     by law.  The concurrence of a majority of the Justices [judges]
5-14     sitting in a section is necessary to decide a case.  Said Court of
5-15     Appeals shall have appellate jurisdiction co-extensive with the
5-16     limits of their respective districts, which shall extend to all
5-17     cases of which the District Courts or County Courts have original
5-18     or appellate jurisdiction, under such restrictions and regulations
5-19     as may be prescribed by law.  Provided, that the decision of said
5-20     courts shall be conclusive on all questions of fact brought before
5-21     them on appeal or error.  Said courts shall have such other
5-22     jurisdiction, original and appellate, as may be prescribed by law.
5-23           (c)  Each of said Courts of Appeals shall hold its sessions
5-24     at a place in its district to be designated by the Legislature, and
5-25     at such time as may be prescribed by law.
5-26           (d)  Said Chief Justices and Justices shall be subject, in
5-27     the manner provided by law, to an initial election on a partisan
 6-1     ballot, followed by retention or rejection on a nonpartisan ballot,
 6-2     [elected] by the qualified voters of their respective districts at
 6-3     a general election, and on election and on each successive
 6-4     retention by the voters serve for a term of six years or until
 6-5     their successors have qualified.
 6-6           (e)  A Chief Justice or Justice may not serve on the court
 6-7     for more than 20 years, comprising an aggregate of appointed and
 6-8     elected tenure and regardless of the capacity served.
 6-9           (f)  A Chief Justice or Justice [and] shall receive for the
6-10     Justice's [their] services the sum provided by law.
6-11           (g)  Each Court of Appeals shall appoint a clerk in the same
6-12     manner as the clerk of the Supreme Court which clerk shall receive
6-13     such compensation as may be fixed by law.
6-14           (h)  All constitutional and statutory references to the
6-15     Courts of Civil Appeals shall be construed to mean the Courts of
6-16     Appeals.
6-17           Sec. 7.  (a)  The State shall be divided into judicial
6-18     districts, with each district having one or more Judges as may be
6-19     provided by law or by this Constitution.
6-20           (b)  Each district judge shall be subject, in the manner
6-21     provided by law, to an initial election on a partisan ballot,
6-22     followed by retention or rejection on a nonpartisan ballot,
6-23     [elected] by the qualified voters at a General Election, and on
6-24     election and on each successive retention by the voters serve for a
6-25     term of four years or until a successor has qualified.
6-26           (c)  For the State's most populous counties, as determined by
6-27     law, the judges of judicial districts composed entirely of one of
 7-1     those counties shall be elected from quadrants of the county as
 7-2     provided by law.  The Legislature shall draw the quadrants, which
 7-3     must meet the population requirements of federal law and to the
 7-4     extent practicable must radiate from the county courthouse.
 7-5     District judges for all other judicial districts shall be elected
 7-6     from within the boundaries of the judicial district.  A district
 7-7     judge elected from a quadrant serves the entire judicial district.
 7-8     The Supreme Court shall adopt rules to minimize conflicts of
 7-9     interest in the hearing of cases by a district judge elected from a
7-10     quadrant, and only on exception may a district judge hear a case
7-11     that arises in the judge's quadrant.
7-12           (d)  A district judge must reside in the judicial district,
7-13     and a district judge elected from a quadrant must reside in the
7-14     quadrant.  A person must have resided in the quadrant for the six
7-15     months preceding election from that quadrant, and a person
7-16     appointed to a vacancy must establish residence in the quadrant
7-17     within three months after the date of qualifying for the office.
7-18           (e)  A district judge may not serve on the court for more
7-19     than 20 years, comprising an aggregate of appointed and elected
7-20     tenure.
7-21           (f)  A district judge must [and shall] be a citizen of the
7-22     United States and of this State, who is licensed to practice law in
7-23     this State and has been a practicing lawyer or a Judge of a Court
7-24     in this State, or both combined, for four [(4)] years next
7-25     preceding his election, who has resided in the judicial district in
7-26     which he was elected for two [(2)] years next preceding his
7-27     election, [and who shall reside in his district during his term of
 8-1     office and hold his office for the period of four (4) years,] and
 8-2     who shall receive for his services an annual salary to be fixed by
 8-3     the Legislature.
 8-4           (g)  The Court shall conduct its proceedings at the county
 8-5     seat of the county in which the case is pending, except as
 8-6     otherwise provided by law.  He shall hold the regular terms of his
 8-7     Court at the County Seat of each County in his district in such
 8-8     manner as may be prescribed by law.  The Legislature shall have
 8-9     power by General or Special Laws to make such provisions concerning
8-10     the terms or sessions of each Court as it may deem necessary.
8-11           (h)  The Legislature shall also provide for the holding of
8-12     District Court when the Judge thereof is absent, or is from any
8-13     cause disabled or disqualified from presiding.
8-14           (i)  Section 7a(i) of this article does not affect the
8-15     election of a district judge from a quadrant under Subsection (c)
8-16     of this section.
8-17           Sec. 28.  (a)  Except as provided by Subsection (b),
8-18     vacancies [Vacancies In Offices Of Judges Of Superior Courts To Be
8-19     Filled By The Governor.  Vacancies] in the offices [office] of
8-20     Justices or Judges [judges] of the Supreme Court, [the Court of
8-21     Criminal Appeals,] the Courts [Court] of [Civil] Appeals, and the
8-22     District Courts shall be filled by the Governor until the next
8-23     succeeding General Election; and vacancies in the office of County
8-24     Judge and Justices of the Peace shall be filled by the
8-25     Commissioners Court until the next succeeding General Election.
8-26           (b)  Vacancies in the offices of Chief Justice of the Supreme
8-27     Court and Justices of the Supreme Court holding appointive
 9-1     positions shall be filled by the Governor for the unexpired term.
 9-2           SECTION 2.  Sections 4 and 5, Article V, Texas Constitution,
 9-3     are repealed.
 9-4           SECTION 3.  Article V, Texas Constitution, is amended by
 9-5     adding Section 32 to read as follows:
 9-6           Sec. 32.  (a)  This section applies to the constitutional
 9-7     amendment proposed by the 76th Legislature, Regular Session, 1999,
 9-8     abolishing the court of criminal appeals and establishing one
 9-9     supreme court with civil and criminal jurisdiction and revising the
9-10     manner in which appellate justices and district judges are
9-11     selected, using a combination of appointment, partisan elections,
9-12     and nonpartisan retention elections.  The constitutional amendment
9-13     takes effect January 1, 2000.
9-14           (b)  Each appellate or district justice or judge in office
9-15     January 1, 2000, unless otherwise removed as provided by law,
9-16     continues in office subject to this section.
9-17           (c)  Each appellate or district justice or judge who has
9-18     stood for election and is in office January 1, 2000, is subject to
9-19     retention or rejection, in the manner provided by law, at the
9-20     general election preceding the expiration of the term for which
9-21     each was elected.
9-22           (d)  Each appellate or district justice or judge who was
9-23     appointed before January 1, 2000, has not stood for election, and
9-24     is in office January 1, 2000, must, before becoming subject to
9-25     retention or rejection, stand for election in accordance with the
9-26     law as it existed immediately before January 1, 2000, and that law
9-27     is continued in effect for that purpose.
 10-1          (e)  Except as provided by Subsection (j) of this section,
 10-2    the secretary of state by rule shall prescribe any procedures
 10-3    necessary to implement the judicial selection system in accordance
 10-4    with the applicable provisions of this constitution and the
 10-5    Election Code.
 10-6          (f)  Each justice of the supreme court and judge of the court
 10-7    of criminal appeals serving on January 1, 2000, continues in office
 10-8    as a justice of the supreme court.  The person serving as chief
 10-9    justice of the supreme court continues in office as chief justice.
10-10    A vacancy in a position on the supreme court held by a former
10-11    supreme court or court of criminal appeals justice or judge under
10-12    this subsection shall be filled in accordance with Sections 2 and
10-13    28 of this article only when the justice or judge resigns or
10-14    otherwise leaves office or when the justice's or judge's term ends
10-15    and the justice or judge was not elected or does not run for
10-16    retention or is not retained after running in a retention election,
10-17    as applicable.  The first vacancies on the supreme court occurring
10-18    after January 1, 2000, that would otherwise be filled as provided
10-19    by Sections 2 and 28 of this article may not be filled until the
10-20    number of justices is reduced to the number provided by Section 2
10-21    of this article.
10-22          (g)  Unless otherwise provided by the supreme court under
10-23    this subsection or by other law, a matter pending in any court on
10-24    January 1, 2000, remains pending in that court for disposition in
10-25    the manner provided by the law in effect when the matter was filed
10-26    in that court.  A matter pending before the court of criminal
10-27    appeals immediately before January 1, 2000, is considered pending
 11-1    in the supreme court on that date.  The supreme court by rule or
 11-2    order may make any provision necessary to ensure that a change made
 11-3    by this article or by the legislature in conformance with this
 11-4    article does not adversely affect the substantial rights of any
 11-5    party having a matter pending before any court on January 1, 2000.
 11-6          (h)  Except as otherwise provided by law, rules adopted by a
 11-7    court that are in effect on January 1, 2000, are continued in
 11-8    effect until superseded by law or court rule.
 11-9          (i)  Members of the State Judicial Qualifications Commission
11-10    on the effective date of this article continue in office, and the
11-11    existing commission shall continue to operate pursuant to Section
11-12    1-a, Article V, Texas Constitution, until otherwise provided by
11-13    law.
11-14          (j)  Before January 1, 2003, the supreme court by rule or
11-15    order may adopt any additional saving or transitional procedures or
11-16    provisions the supreme court considers appropriate to implement
11-17    this article fairly and efficiently.  A rule or order under this
11-18    subsection may be superseded by statute.
11-19          SECTION 4.  This proposed constitutional amendment shall be
11-20    submitted to the voters at an election to be held November 2, 1999.
11-21    The ballot shall be printed to permit voting for or against the
11-22    proposition:  "The constitutional amendment abolishing the court of
11-23    criminal appeals and establishing one supreme court with civil and
11-24    criminal jurisdiction and revising the manner in which appellate
11-25    justices and district judges are selected, using a combination of
11-26    appointment, partisan elections, and nonpartisan retention
11-27    elections."