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."
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