1-1 By: Duncan S.J.R. No. 20
1-2 (In the Senate - Filed February 11, 1999; February 15, 1999,
1-3 read first time and referred to Committee on Jurisprudence;
1-4 April 15, 1999, reported favorably by the following vote: Yeas 3,
1-5 Nays 0; April 15, 1999, sent to printer.)
1-6 SENATE JOINT RESOLUTION
1-7 proposing a constitutional amendment to abolish the Judicial
1-8 Districts Board.
1-9 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10 SECTION 1. Section 7a, Article V, Texas Constitution, is
1-11 amended to read as follows:
1-12 Sec. 7a. (a) The Legislative Redistricting Board
1-13 established by Article III, Section 28, of this constitution shall
1-14 make a statewide reapportionment of [Judicial Districts Board is
1-15 created to reapportion] the judicial districts authorized by
1-16 Article V, Section 7, of this constitution as provided by this
1-17 section.
1-18 (b) [The membership of the board consists of the Chief
1-19 Justice of the Texas Supreme Court who serves as chairman, the
1-20 presiding judge of the Texas Court of Criminal Appeals, the
1-21 presiding judge of each of the administrative judicial districts of
1-22 the state, the president of the Texas Judicial Council, and one
1-23 person who is licensed to practice law in this state appointed by
1-24 the governor with the advice and consent of the senate for a term
1-25 of four years. In the event of a vacancy in the appointed
1-26 membership, the vacancy is filled for the unexpired term in the
1-27 same manner as the original appointment.]
1-28 [(c)] A majority of the total membership of the board
1-29 constitutes a quorum for the transaction of business. The adoption
1-30 of a reapportionment order requires a majority vote of the total
1-31 membership of the board.
1-32 (c) [(d) The reapportionment powers of the board shall be
1-33 exercised in the interims between regular sessions of the
1-34 legislature, except that a reapportionment may not be ordered by
1-35 the board during an interim immediately following a regular session
1-36 of the legislature in which a valid and subsisting statewide
1-37 apportionment of judicial districts is enacted by the legislature.]
1-38 The board has other powers and duties as provided by the
1-39 legislature and shall exercise its powers under the policies,
1-40 rules, standards, and conditions, not inconsistent with this
1-41 section, that the legislature provides.
1-42 (d) [(e)] Unless the legislature enacts a statewide
1-43 reapportionment of the judicial districts following each federal
1-44 decennial census on or before June 1 of the third year following
1-45 the year in which the federal decennial census is taken, the board
1-46 shall convene not later than the first Monday of that June [of the
1-47 third year following the year in which the federal decennial census
1-48 is taken] to make a statewide reapportionment of the judicial
1-49 districts. The board shall complete its work on the
1-50 reapportionment and file its order with the secretary of state not
1-51 later than August 31 of the same year. [If the Judicial Districts
1-52 Board fails to make a statewide apportionment by that date, the
1-53 Legislative Redistricting Board established by Article III, Section
1-54 28, of this constitution shall make a statewide reapportionment of
1-55 the judicial districts not later than the 150th day after the final
1-56 day for the Judicial Districts Board to make the reapportionment.]
1-57 [(f) In addition to the statewide reapportionment, the board
1-58 may reapportion the judicial districts of the state as the
1-59 necessity for reapportionment appears by redesignating, in one or
1-60 more reapportionment orders, the county or counties that comprise
1-61 the specific judicial districts affected by those reapportionment
1-62 orders. In modifying any judicial district, no county having a
1-63 population as large or larger than the population of the judicial
1-64 district being reapportioned shall be added to the judicial
2-1 district.]
2-2 (e) [(g)] Except as provided by Subsection (f) [(i)] of this
2-3 section, this section does not limit the power of the legislature
2-4 to reapportion the judicial districts of the state, to increase the
2-5 number of judicial districts, or to provide for consequent matters
2-6 on reapportionment. The legislature may provide for the effect of
2-7 a reapportionment made by the board on pending cases or the
2-8 transfer of pending cases, for jurisdiction of a county court where
2-9 county court jurisdiction has been vested by law in a district
2-10 court affected by the reapportionment, for terms of the courts upon
2-11 existing officers and their duties, and for all other matters
2-12 affected by the reapportionment. The legislature may delegate any
2-13 of these powers to the board. The legislature shall provide for
2-14 the necessary expenses of the board.
2-15 (f) [(h) Any judicial reapportionment order adopted by the
2-16 board must be approved by a record vote of the majority of the
2-17 membership of both the senate and house of representatives before
2-18 such order can become effective and binding.]
2-19 [(i)] The legislature[, the Judicial Districts Board,] or
2-20 the Legislative Redistricting Board may not redistrict the judicial
2-21 districts to provide for any judicial district smaller in size than
2-22 an entire county except as provided by this subsection [section].
2-23 Judicial districts smaller in size than the entire county may be
2-24 created subsequent to a general election where a majority of the
2-25 persons voting on the proposition adopt the proposition "to allow
2-26 the division of ____________ County into judicial districts
2-27 composed of parts of ____________ County." No redistricting plan
2-28 may be proposed or adopted by the legislature[, the Judicial
2-29 Districts Board,] or the Legislative Redistricting Board in
2-30 anticipation of a future action by the voters of any county.
2-31 SECTION 2. This proposed constitutional amendment shall be
2-32 submitted to the voters at an election to be held on November 2,
2-33 1999. The ballot shall be printed to permit voting for or against
2-34 the following proposition: "The constitutional amendment to
2-35 abolish the Judicial Districts Board."
2-36 * * * * *