By Duncan                                             S.J.R. No. 20
         76R1601 JSA-D                           
                                 A JOINT RESOLUTION
 1-1     proposing a constitutional amendment to abolish the Judicial
 1-2     Districts Board.
 1-3           BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Section 7a, Article V, Texas Constitution, is
 1-5     amended to read as follows:
 1-6           Sec. 7a.  (a)  The Legislative Redistricting Board
 1-7     established by Article III, Section 28, of this constitution shall
 1-8     make a statewide  reapportionment of [Judicial Districts Board is
 1-9     created to reapportion] the judicial districts authorized by
1-10     Article V, Section 7, of this  constitution as provided by this
1-11     section.
1-12           (b)  [The membership of the board consists of the Chief
1-13     Justice of the Texas Supreme Court who serves as chairman, the
1-14     presiding judge of the Texas Court of Criminal Appeals, the
1-15     presiding judge of each of the administrative judicial districts of
1-16     the state, the president of the Texas Judicial Council, and one
1-17     person who is licensed to practice law in this state appointed by
1-18     the governor with the advice and consent of the senate for a term
1-19     of four years.  In the event of a vacancy in the appointed
1-20     membership, the vacancy is filled for the unexpired term in the
1-21     same manner as the original appointment.]
1-22           [(c)]  A majority of the total membership of the board
1-23     constitutes a quorum for the transaction of business.  The adoption
1-24     of a reapportionment order requires a majority vote of the total
 2-1     membership of the board.
 2-2           (c) [(d)  The reapportionment powers of the board shall be
 2-3     exercised in the interims between regular sessions of the
 2-4     legislature, except that a reapportionment may not be ordered by
 2-5     the board during an interim immediately following a regular session
 2-6     of the legislature in which a valid and subsisting statewide
 2-7     apportionment of judicial districts is enacted by the legislature.]
 2-8     The board has other powers and duties as provided by the
 2-9     legislature and shall exercise its powers under the policies,
2-10     rules, standards, and conditions, not inconsistent with this
2-11     section, that the legislature provides.
2-12           (d) [(e)]  Unless the legislature enacts a statewide
2-13     reapportionment of the judicial districts following each federal
2-14     decennial census on  or before June 1 of the third year following
2-15     the year in which the federal decennial census is taken, the board
2-16     shall convene not later than the first Monday of that June [of the
2-17     third year following the year in which the federal decennial census
2-18     is taken] to make a statewide  reapportionment of the judicial
2-19     districts.  The board shall complete its work on the
2-20     reapportionment and file its order with the secretary of state not
2-21     later than August 31 of the same year.  [If the Judicial Districts
2-22     Board fails to make a statewide apportionment by that date, the
2-23     Legislative Redistricting Board established by Article III, Section
2-24     28, of this constitution shall make a statewide reapportionment of
2-25     the judicial districts not later than the 150th day after the final
2-26     day for the Judicial Districts Board to make the reapportionment.]
2-27           [(f)  In addition to the statewide reapportionment, the board
 3-1     may reapportion the judicial districts of the state as the
 3-2     necessity for  reapportionment appears by redesignating, in one or
 3-3     more reapportionment orders, the county or counties that comprise
 3-4     the specific judicial districts affected by those reapportionment
 3-5     orders.  In modifying any judicial district, no county having a
 3-6     population as large or larger than the population of the judicial
 3-7     district being reapportioned shall be added to the judicial
 3-8     district.]
 3-9           (e) [(g)]  Except as provided by Subsection (f) [(i)] of this
3-10     section, this section does not limit the power of the legislature
3-11     to  reapportion the judicial districts of the state, to increase
3-12     the number of judicial districts, or to provide for consequent
3-13     matters on reapportionment.  The legislature may provide for the
3-14     effect of a reapportionment made by the board on pending cases or
3-15     the transfer of pending cases, for jurisdiction of a county court
3-16     where county court jurisdiction has been vested by law in a
3-17     district court affected by the reapportionment, for terms of the
3-18     courts upon existing officers and their duties, and for all other
3-19     matters affected by the reapportionment.  The legislature may
3-20     delegate any of these powers to the board.  The legislature shall
3-21     provide for the necessary expenses of the board.
3-22           (f) [(h)  Any judicial reapportionment order adopted by the
3-23     board must be approved by a record vote of the majority of the
3-24     membership of both the senate and house of representatives before
3-25     such order can become effective and binding.]
3-26           [(i)]  The legislature [, the Judicial Districts Board,] or
3-27     the Legislative Redistricting Board may not redistrict the judicial
 4-1     districts to provide for any judicial district smaller in size than
 4-2     an entire county except as provided by this subsection [section].
 4-3     Judicial districts smaller in size than the entire county may be
 4-4     created subsequent to a general election where a majority of the
 4-5     persons voting on the proposition adopt the proposition "to allow
 4-6     the division of ____________ County into judicial districts
 4-7     composed of parts of ____________ County."   No redistricting plan
 4-8     may be proposed or adopted by the legislature [, the Judicial
 4-9     Districts Board,] or the Legislative Redistricting Board in
4-10     anticipation of a future action by the voters of any county.
4-11           SECTION 2.  This proposed constitutional amendment shall be
4-12     submitted to the voters at an election to be held on November 2,
4-13     1999.  The ballot shall be printed to permit voting for or against
4-14     the following proposition: "The constitutional amendment to
4-15     abolish the Judicial Districts Board."