By Thompson H.B. No. 2935
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the appointment of justices of the supreme court and
1-3 judges of the court of criminal appeals.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 22, Government Code, is amended by adding
1-6 Subchapter E to read as follows:
1-7 SUBCHAPTER E. APPOINTMENT OF JUSTICES OF THE SUPREME COURT
1-8 AND JUDGES OF THE COURT OF CRIMINAL APPEALS
1-9 Sec. 22.401. APPOINTMENT. (a) The Chief Justice and
1-10 Justices of the supreme court shall be appointed by the governor,
1-11 subject to the advice and consent of the senate, for a term of six
1-12 years.
1-13 (b) The Presiding Judge and Judges of the court of criminal
1-14 appeals shall be appointed by the governor, subject to the advice
1-15 and consent of the senate, for a term of six years.
1-16 (c) At the expiration of the term of office of a justice of
1-17 the supreme court or a judge of the court of criminal appeals who
1-18 was duly elected or appointed, the justice or judge shall continue
1-19 in office until said justice or judge has been reappointed by
1-20 governor and confirmed by the senate or until a successor has been
1-21 appointed by the governor and confirmed by the senate and taken the
1-22 oath of office.
1-23 (d) If a vacancy shall occur in the office of the Chief
2-1 Justice or Justice of the supreme court before the expiration of a
2-2 term, the governor shall appoint a successor subject to the advice
2-3 and consent of the senate. If the senate is not in session, the
2-4 appointee shall serve until January 31 of the following
2-5 odd-numbered year.
2-6 (e) If a vacancy shall occur in the office of the Presiding
2-7 Judge or Judge of the court of criminal appeals before the
2-8 expiration of a term, the governor shall appoint a successor
2-9 subject to the advice and consent of the senate. If the senate is
2-10 not in session, the appointee shall serve until January 31 of the
2-11 following odd-numbered year.
2-12 SECTION 2. Section 52.092, Election Code, is amended by
2-13 amending Subsections (a) and (c) to read as follows:
2-14 (a) For an election at which offices regularly filled at the
2-15 general election for state and county officers, are to appear on
2-16 the ballot, the offices shall be listed in the following order:
2-17 (1) offices of the federal government;
2-18 (2) offices of the state government:
2-19 (A) statewide offices;
2-20 (B) district offices;
2-21 (3) offices of the county government:
2-22 (A) county offices;
2-23 (B) precinct offices.
2-24 (c) Statewide offices of the state government shall be
2-25 listed in the following order:
2-26 (1) governor;
3-1 (2) lieutenant governor;
3-2 (3) attorney general;
3-3 (4) comptroller of public accounts;
3-4 (5) commissioner of the General Land Office;
3-5 (6) commissioner of agriculture;
3-6 (7) railroad commissioner[;]
3-7 [(8) chief justice, supreme court;]
3-8 [(9) justice, supreme court;]
3-9 [(10) presiding judge, court of criminal appeals;]
3-10 [(11) judge, court of criminal appeals].
3-11 Sec. 202.001. APPLICABILITY OF CHAPTER. (a) This chapter
3-12 applies to elective offices of the state and county governments
3-13 except the offices of state senator and state representative.
3-14 (b) This chapter does not apply to the office of a justice
3-15 of the supreme court or judge of the court of criminal appeals.
3-16 SECTION 3. (a) Each justice of the supreme court or judge
3-17 of the court of criminal appeals in office January 1, 2002, unless
3-18 otherwise removed or a successor under this act is appointed as
3-19 provided by law, continues in office subject to this act.
3-20 (b) Each vacancy for an unexpired term of a justice of the
3-21 supreme court or judge of the court of criminal appeals who is in
3-22 office January 1, 2002, preceding the expiration of the regular or
3-23 unexpired term for which each was elected or appointed is subject
3-24 to the length of the term of the unexpired term of the vacant
3-25 office and to the provisions of Section ___ of this Act and to the
3-26 provisions of Article V, Sections 2 and 4 of the Texas
4-1 Constitution.
4-2 SECTION 4. This Act takes effect only if the constitutional
4-3 amendment proposed by the 77th Legislature, Regular Session, 2001,
4-4 providing for gubernatorial appointment for offices of justices of
4-5 the supreme court and judges of the court of criminal appeals is
4-6 adopted. If the amendment is adopted, this Act takes effect
4-7 January 1, 2002.