By:  Duncan                                            S.J.R. No. 9
         Line and page numbers may not match official copy.
         Bill not drafted by TLC or Senate E&E.
                               SENATE JOINT RESOLUTION
 1-1     proposing a constitutional amendment providing for gubernatorial
 1-2     appointment to fill vacancies in the offices of appellate justices
 1-3     and judges, for nonpartisan retention elections for those justices
 1-4     and judges, and for gubernatorial appointment to fill vacancies in
 1-5     the office of district judge in accordance with certain standards.
 1-6           BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-7           SECTION 1.  Sections 2, 4, 6, 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
 2-1     together at least ten years.
 2-2           (c)  Said Chief Justice and Justices following appointment
 2-3     shall be subject, in the manner provided by law, to retention or
 2-4     rejection on a nonpartisan ballot [elected (three of them each two
 2-5     years)] by the qualified voters of the state at a general election;
 2-6     and on each appointment and on each successive retention by the
 2-7     voters shall hold their offices six years, or until their
 2-8     successors are [elected and] qualified.  A Chief Justice or Justice
 2-9     who is retained by the voters may be subsequently appointed, if
2-10     otherwise qualified, to the vacancy existing on the completion of
2-11     the person's term.
2-12           (d)  The Chief Justice and Justices[; and] shall each receive
2-13     such compensation as shall be provided by law.  [In case of a
2-14     vacancy in the office of the Chief Justice or any Justice of the
2-15     Supreme Court, the Governor shall fill the vacancy until the next
2-16     general election for state officers, and at such general election
2-17     the vacancy for the unexpired term shall be filled by election by
2-18     the qualified voters of the state.  The Justices of the Supreme
2-19     Court who may be in office at the time this amendment takes effect
2-20     shall continue in office until the expiration of their term of
2-21     office under the present Constitution, and until their successors
2-22     are elected and qualified.]
2-23           Sec. 4.  (a)  The Court of Criminal Appeals shall consist of
2-24     eight Judges and one Presiding Judge.
2-25           (b)  The Judges shall have the same qualifications and
 3-1     receive the same salaries as the [Associate] Justices of the
 3-2     Supreme Court, and the Presiding Judge shall have the same
 3-3     qualifications and receive the same salary as the Chief Justice of
 3-4     the Supreme Court.
 3-5           (c)  The Presiding Judge and the Judges following appointment
 3-6     shall be subject, in the manner provided by law, to retention or
 3-7     rejection on a nonpartisan ballot [elected] by the qualified voters
 3-8     of the state at a general election and on each appointment and on
 3-9     each successive retention by the voters shall hold their offices
3-10     for a term of six years.  A Presiding Judge or Judge who is
3-11     retained by the voters may be subsequently appointed, if otherwise
3-12     qualified, to the vacancy existing on the completion of the
3-13     person's term.  [In case of a vacancy in the office of a Judge of
3-14     the Court of Criminal Appeals, the Governor shall, with the advice
3-15     and consent of the Senate, fill said vacancy by appointment until
3-16     the next succeeding general election.]
3-17           (d)  For the purpose of hearing cases, the Court of Criminal
3-18     Appeals may sit in panels of three Judges, the designation thereof
3-19     to be under rules established by the court.  In a panel of three
3-20     Judges, two Judges shall constitute a quorum and the concurrence of
3-21     two Judges shall be necessary for a decision.  The Presiding Judge,
3-22     under rules established by the court, shall convene the court en
3-23     banc for the transaction of all other business and may convene the
3-24     court en banc for the purpose of hearing cases.  The court must sit
3-25     en banc during proceedings involving capital punishment and other
 4-1     cases as required by law.  When convened en banc, five Judges shall
 4-2     constitute a quorum and the concurrence of five Judges shall be
 4-3     necessary for a decision.  The Court of Criminal Appeals may
 4-4     appoint Commissioners in aid of the Court of Criminal Appeals as
 4-5     provided by law.
 4-6           Sec. 6.  (a)  The state shall be divided into courts of
 4-7     appeals districts, with each district having a Chief Justice, two
 4-8     or more other Justices, and such other officials as may be provided
 4-9     by law.  The Justices shall have the qualifications prescribed for
4-10     Justices of the Supreme Court.
4-11           (b)  The Court of Appeals may sit in sections as authorized
4-12     by law.  The concurrence of a majority of the Justices [judges]
4-13     sitting in a section is necessary to decide a case.  Said Court of
4-14     Appeals shall have appellate jurisdiction co-extensive with the
4-15     limits of their respective districts, which shall extend to all
4-16     cases of which the District Courts or County Courts have original
4-17     or appellate jurisdiction, under such restrictions and regulations
4-18     as may be prescribed by law.  Provided, that the decision of said
4-19     courts shall be conclusive on all questions of fact brought before
4-20     them on appeal or error.  Said courts shall have such other
4-21     jurisdiction, original and appellate, as may be prescribed by law.
4-22           (c)  Each of said Courts of Appeals shall hold its sessions
4-23     at a place in its district to be designated by the Legislature, and
4-24     at such time as may be prescribed by law.
4-25           (d)  Said Chief Justices and Justices following appointment
 5-1     shall be subject, in the manner provided by law, to retention or
 5-2     rejection on a nonpartisan ballot [elected] by the qualified voters
 5-3     of their respective districts at a general election, and on each
 5-4     appointment and on each successive retention by the voters serve
 5-5     for a term of six years.  A Chief Justice or Justice who is
 5-6     retained by the voters may be subsequently appointed, if otherwise
 5-7     qualified, to the vacancy existing on the completion of the
 5-8     person's term.
 5-9           (e)  A Chief Justice or Justice [and] shall receive for the
5-10     Justice's [their] services the sum provided by law.
5-11           (f)  Each Court of Appeals shall appoint a clerk in the same
5-12     manner as the clerk of the Supreme Court which clerk shall receive
5-13     such compensation as may be fixed by law.
5-14           (g)  All constitutional and statutory references to the
5-15     Courts of Civil Appeals shall be construed to mean the Courts of
5-16     Appeals.
5-17           Sec. 28.  (a)  [Vacancies In Offices Of Judges Of Superior
5-18     Courts To Be Filled By The Governor.]  Vacancies in the offices
5-19     [office] of Justices or Judges [judges] of the Supreme Court, the
5-20     Court of Criminal Appeals, the Courts [Court] of [Civil] Appeals,
5-21     and the District Courts shall be filled by the Governor.
5-22           (b)  Vacancies in the office of Judge of a District Court
5-23     shall be filled until the next succeeding General Election.
5-24           (c)  Vacancies[; and vacancies] in the office of County Judge
5-25     and Justices of the Peace shall be filled by the Commissioners
 6-1     Court until the next succeeding General Election.
 6-2           SECTION 2.  The following temporary provision is added to the
 6-3     Texas Constitution:
 6-4           TEMPORARY PROVISION.  (a)  This temporary provision applies
 6-5     to the constitutional amendment proposed by the 76th Legislature,
 6-6     Regular Session, 1999, providing for gubernatorial appointment to
 6-7     fill vacancies in the offices of appellate justices and judges, for
 6-8     nonpartisan retention elections for those justices and judges, and
 6-9     for gubernatorial appointment to fill vacancies in the office of
6-10     district judge in accordance with certain standards.
6-11           (b)  The constitutional amendment takes effect January 1,
6-12     2000.
6-13           (c)  This temporary provision expires January 1, 2008.
6-14           SECTION 3.  This proposed constitutional amendment shall be
6-15     submitted to the voters at an election to be held November 2, 1999.
6-16     The ballot shall be printed to permit voting for or against the
6-17     proposition:  "The constitutional amendment providing for the
6-18     governor to fill vacancies in the offices of appellate justices and
6-19     judges, providing for nonpartisan retention elections for those
6-20     justices and judges, and providing for the governor to fill
6-21     vacancies in the office of district judge in accordance with
6-22     certain standards."