1-1     By:  Duncan, Ellis                                     S.J.R. No. 9
 1-2           (In the Senate - Filed November 16, 1998; February 1, 1999,
 1-3     read first time and referred to Committee on Jurisprudence;
 1-4     February 24, 1999, reported adversely, with favorable Committee
 1-5     Substitute by the following vote:  Yeas 3, Nays 1;
 1-6     February 24, 1999, sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR S.J.R. No. 9                    By:  Ellis
 1-8                           SENATE JOINT RESOLUTION
 1-9     proposing a constitutional amendment providing for gubernatorial
1-10     appointment to fill vacancies in the offices of appellate justices
1-11     and judges and for nonpartisan retention elections for those
1-12     justices and judges.
1-13           BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-14           SECTION 1.  Sections 2, 4, 6, and 28, Article V, Texas
1-15     Constitution, are amended to read as follows:
1-16           Sec. 2.  (a)  The Supreme Court shall consist of the Chief
1-17     Justice and eight Justices, any five of whom shall constitute a
1-18     quorum, and the concurrence of five shall be necessary to a
1-19     decision of a case; provided, that when the business of the court
1-20     may require, the court may sit in sections as designated by the
1-21     court to hear argument of causes and to consider applications for
1-22     writs of error or other preliminary matters.
1-23           (b)  No person shall be eligible to serve in the office of
1-24     Chief Justice or Justice of the Supreme Court unless the person is
1-25     licensed to practice law in this state and is, at the time of
1-26     election or appointment, a citizen of the United States and of this
1-27     state, and has attained the age of thirty-five years, and has been
1-28     a practicing lawyer, or a lawyer and judge of a court of record
1-29     together at least ten years.
1-30           (c)  Said Chief Justice and Justices following the appointed
1-31     term shall be subject, in the manner provided by law, to retention
1-32     or rejection on a nonpartisan ballot [elected (three of them each
1-33     two years)] by the qualified voters of the state at a general
1-34     election; and on each successive retention by the voters shall hold
1-35     their offices six years, or until their successors are [elected
1-36     and] qualified.  On appointment to a vacancy, a Chief Justice or
1-37     Justice serves an initial term that ends January 1 of the third
1-38     odd-numbered year that occurs after the Chief Justice or Justice
1-39     takes the oath of office.
1-40           (d)  The Chief Justice and Justices[; and] shall each receive
1-41     such compensation as shall be provided by law.  [In case of a
1-42     vacancy in the office of the Chief Justice or any Justice of the
1-43     Supreme Court, the Governor shall fill the vacancy until the next
1-44     general election for state officers, and at such general election
1-45     the vacancy for the unexpired term shall be filled by election by
1-46     the qualified voters of the state.  The Justices of the Supreme
1-47     Court who may be in office at the time this amendment takes effect
1-48     shall continue in office until the expiration of their term of
1-49     office under the present Constitution, and until their successors
1-50     are elected and qualified.]
1-51           Sec. 4.   (a)  The Court of Criminal Appeals shall consist of
1-52     eight Judges and one Presiding Judge.
1-53           (b)  The Judges shall have the same qualifications and
1-54     receive the same salaries as the [Associate] Justices of the
1-55     Supreme Court, and the Presiding Judge shall have the same
1-56     qualifications and receive the same salary as the Chief Justice of
1-57     the Supreme Court.
1-58           (c)  The Presiding Judge and the Judges following the
1-59     appointed term shall be subject, in the manner provided by law, to
1-60     retention or rejection on a nonpartisan ballot [elected] by the
1-61     qualified voters of the state at a general election and on each
1-62     successive retention by the voters shall hold their offices for a
1-63     term of six years.  On appointment to a vacancy, a Presiding Judge
1-64     or Judge serves an initial term that ends January 1 of the third
 2-1     odd-numbered year that occurs after the Presiding Judge or Judge
 2-2     takes the oath of office.  [In case of a vacancy in the office of a
 2-3     Judge of the Court of Criminal Appeals, the Governor shall, with
 2-4     the advice and consent of the Senate, fill said vacancy by
 2-5     appointment until the next succeeding general election.]
 2-6           (d)  For the purpose of hearing cases, the Court of Criminal
 2-7     Appeals may sit in panels of three Judges, the designation thereof
 2-8     to be under rules established by the court.  In a panel of three
 2-9     Judges, two Judges shall constitute a quorum and the concurrence of
2-10     two Judges shall be necessary for a decision.  The Presiding Judge,
2-11     under rules established by the court, shall convene the court en
2-12     banc for the transaction of all other business and may convene the
2-13     court en banc for the purpose of hearing cases.  The court must sit
2-14     en banc during proceedings involving capital punishment and other
2-15     cases as required by law.  When convened en banc, five Judges shall
2-16     constitute a quorum and the concurrence of five Judges shall be
2-17     necessary for a decision.  The Court of Criminal Appeals may
2-18     appoint Commissioners in aid of the Court of Criminal Appeals as
2-19     provided by law.
2-20           Sec. 6.   (a)  The state shall be divided into courts of
2-21     appeals districts, with each district having a Chief Justice, two
2-22     or more other Justices, and such other officials as may be provided
2-23     by law.  The Justices shall have the qualifications prescribed for
2-24     Justices of the Supreme Court.
2-25           (b)  The Court of Appeals may sit in sections as authorized
2-26     by law.  The concurrence of a majority of the Justices [judges]
2-27     sitting in a section is necessary to decide a case.  Said Court of
2-28     Appeals shall have appellate jurisdiction co-extensive with the
2-29     limits of their respective districts, which shall extend to all
2-30     cases of which the District Courts or County Courts have original
2-31     or appellate jurisdiction, under such restrictions and regulations
2-32     as may be prescribed by law.  Provided, that the decision of said
2-33     courts shall be conclusive on all questions of fact brought before
2-34     them on appeal or error.  Said courts shall have such other
2-35     jurisdiction, original and appellate, as may be prescribed by law.
2-36           (c)  Each of said Courts of Appeals shall hold its sessions
2-37     at a place in its district to be designated by the Legislature, and
2-38     at such time as may be prescribed by law.
2-39           (d)  Said Chief Justices and Justices following the appointed
2-40     term shall be subject, in the manner provided by law, to retention
2-41     or rejection on a nonpartisan ballot [elected] by the qualified
2-42     voters of their respective districts at a general election, and on
2-43     each successive retention by the voters serve for a term of six
2-44     years.  On appointment to a vacancy, a Chief Justice or Justice
2-45     serves an initial term that ends January 1 of the third
2-46     odd-numbered year that occurs after the Chief Justice or Justice
2-47     takes the oath of office.
2-48           (e)  A Chief Justice or Justice [and] shall receive for the
2-49     Justice's [their] services the sum provided by law.
2-50           (f)  Each Court of Appeals shall appoint a clerk in the same
2-51     manner as the clerk of the Supreme Court which clerk shall receive
2-52     such compensation as may be fixed by law.
2-53           (g)  All constitutional and statutory references to the
2-54     Courts of Civil Appeals shall be construed to mean the Courts of
2-55     Appeals.
2-56           Sec. 28.   (a)  [Vacancies In Offices Of Judges Of Superior
2-57     Courts To Be Filled By The Governor.]  Vacancies in the offices
2-58     [office] of Justices or Judges [judges] of the Supreme Court, the
2-59     Court of Criminal Appeals, the Courts [Court] of [Civil] Appeals,
2-60     and the District Courts shall be filled by the Governor.
2-61           (b)  Vacancies in the office of Judge of a District Court
2-62     shall be filled until the next succeeding General Election.
2-63           (c)  Vacancies[; and vacancies] in the office of County Judge
2-64     and Justices of the Peace shall be filled by the Commissioners
2-65     Court until the next succeeding General Election.
2-66           SECTION 2.  The following temporary provision is added to the
2-67     Texas Constitution:
2-68           TEMPORARY PROVISION.  (a)  This temporary provision applies
2-69     to the constitutional amendment proposed by the 76th Legislature,
 3-1     Regular Session, 1999, providing for gubernatorial appointment to
 3-2     fill vacancies in the offices of appellate justices and judges and
 3-3     for nonpartisan retention elections for those justices and judges.
 3-4           (b)  The constitutional amendment takes effect January 1,
 3-5     2000.
 3-6           (c)  This temporary provision expires January 1, 2008.
 3-7           SECTION 3.  This proposed constitutional amendment shall be
 3-8     submitted to the voters at an election to be held November 2, 1999.
 3-9     The ballot shall be printed to permit voting for or against the
3-10     proposition:  "The constitutional amendment providing for the
3-11     governor to fill vacancies in the offices of appellate justices and
3-12     judges and providing for nonpartisan retention elections for those
3-13     justices and judges."
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