1-1     By:  Mowery, Driver (Senate Sponsor - Shapiro)        H.J.R. No. 75
 1-2           (In the Senate - Received from the House April 25, 2001;
 1-3     April 26, 2001, read first time and referred to Committee on State
 1-4     Affairs; May 7, 2001, reported favorably by the following vote:
 1-5     Yeas 7, Nays 0; May 7, 2001, sent to printer.)
 1-6                           HOUSE JOINT RESOLUTION
 1-7     proposing a constitutional amendment to eliminate obsolete,
 1-8     archaic, redundant, and unnecessary provisions and to clarify,
 1-9     update, and harmonize certain provisions of the Texas Constitution.
1-10           BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11                     ARTICLE 1.  CHANGES TO ARTICLE III
1-12           SECTION 1.01. Section 25, Article III, Texas Constitution, is
1-13     amended to read as follows:
1-14           Sec. 25. The State shall be divided into Senatorial Districts
1-15     of contiguous territory, [according to the number of qualified
1-16     electors, as nearly as may be,] and each district shall be entitled
1-17     to elect one Senator[; and no single county shall be entitled to
1-18     more than one Senator].
1-19           SECTION 1.02. Section 28, Article III, Texas Constitution, is
1-20     amended to read as follows:
1-21           Sec. 28. The Legislature shall, at its first regular session
1-22     after the publication of each United States decennial census,
1-23     apportion the state into senatorial and representative districts,
1-24     agreeable to the provisions of Sections 25 and[,] 26[, and 26-a] of
1-25     this Article.  In the event the Legislature shall at any such first
1-26     regular session following the publication of a United States
1-27     decennial census, fail to make such apportionment, same shall be
1-28     done by the Legislative Redistricting Board of Texas, which is
1-29     hereby created, and shall be composed of five (5) members, as
1-30     follows:  The Lieutenant Governor, the Speaker of the House of
1-31     Representatives, the Attorney General, the Comptroller of Public
1-32     Accounts and the Commissioner of the General Land Office, a
1-33     majority of whom shall constitute a quorum.  Said Board shall
1-34     assemble in the City of Austin within ninety (90) days after the
1-35     final adjournment of such regular session.  The Board shall, within
1-36     sixty (60) days after assembling, apportion the state into
1-37     senatorial and representative districts, or into senatorial or
1-38     representative districts, as the failure of action of such
1-39     Legislature may make necessary.  Such apportionment shall be in
1-40     writing and signed by three (3) or more of the members of the Board
1-41     duly acknowledged as the act and deed of such Board, and, when so
1-42     executed and filed with the Secretary of State, shall have force
1-43     and effect of law.  Such apportionment shall become effective at
1-44     the next succeeding statewide general election.  The Supreme Court
1-45     of Texas shall have jurisdiction to compel such Board [Commission]
1-46     to perform its duties in accordance with the provisions of this
1-47     section by writ of mandamus or other extraordinary writs
1-48     conformable to the usages of law.  The Legislature shall provide
1-49     necessary funds for clerical and technical aid and for other
1-50     expenses incidental to the work of the Board, and the Lieutenant
1-51     Governor and the Speaker of the House of Representatives shall be
1-52     entitled to receive per diem and travel expense during the Board's
1-53     session in the same manner and amount as they would receive while
1-54     attending a special session of the Legislature.  [This amendment
1-55     shall become effective January 1, 1951.]
1-56           SECTION 1.03. Section 56, Article III, Texas Constitution, is
1-57     amended to read as follows:
1-58           Sec. 56. (a)  The Legislature shall not, except as otherwise
1-59     provided in this Constitution, pass any local or special law,
1-60     authorizing:
1-61                 (1)  the [The] creation, extension or impairing of
1-62     liens;
1-63                 (2)  regulating [Regulating] the affairs of counties,
1-64     cities, towns, wards or school districts;
 2-1                 (3)  changing [Changing] the names of persons or
 2-2     places;
 2-3                 (4)  changing [Changing] the venue in civil or criminal
 2-4     cases;
 2-5                 (5)  authorizing [Authorizing] the laying out, opening,
 2-6     altering or maintaining of roads, highways, streets or alleys;
 2-7                 (6)  relating [Relating] to ferries or bridges, or
 2-8     incorporating ferry or bridge companies, except for the erection of
 2-9     bridges crossing streams which form boundaries between this and any
2-10     other State;
2-11                 (7)  vacating [Vacating] roads, town plats, streets or
2-12     alleys;
2-13                 (8)  relating [Relating] to cemeteries, grave-yards or
2-14     public grounds not of the State;
2-15                 (9)  authorizing [Authorizing] the adoption or
2-16     legitimation of children;
2-17                 (10)  locating [Locating] or changing county seats;
2-18                 (11)  incorporating [Incorporating] cities, towns or
2-19     villages, or changing their charters;
2-20                 (12)  for [For] the opening and conducting of
2-21     elections, or fixing or changing the places of voting;
2-22                 (13)  granting [Granting] divorces;
2-23                 (14)  creating [Creating] offices, or prescribing the
2-24     powers and duties of officers, in counties, cities, towns, election
2-25     or school districts;
2-26                 (15)  changing [Changing] the law of descent or
2-27     succession;
2-28                 (16)  regulating [Regulating] the practice or
2-29     jurisdiction of, or changing the rules of evidence in any judicial
2-30     proceeding or inquiry before courts, justices of the peace,
2-31     sheriffs, commissioners, arbitrators or other tribunals, or
2-32     providing or changing methods for the collection of debts, or the
2-33     enforcing of judgments, or prescribing the effect of judicial sales
2-34     of real estate;
2-35                 (17)  regulating [Regulating] the fees, or extending
2-36     the powers and duties of aldermen, justices of the peace,
2-37     magistrates or constables;
2-38                 (18)  regulating [Regulating] the management of public
2-39     schools, the building or repairing of school houses, and the
2-40     raising of money for such purposes;
2-41                 (19)  fixing [Fixing] the rate of interest;
2-42                 (20)  affecting [Affecting] the estates of minors, or
2-43     persons under disability;
2-44                 (21)  remitting [Remitting] fines, penalties and
2-45     forfeitures, and refunding moneys legally paid into the treasury;
2-46                 (22)  exempting [Exempting] property from taxation;
2-47                 (23)  regulating [Regulating] labor, trade, mining and
2-48     manufacturing;
2-49                 (24)  declaring [Declaring] any named person of age;
2-50                 (25)  extending [Extending] the time for the assessment
2-51     or collection of taxes, or otherwise relieving any assessor or
2-52     collector of taxes from the due performance of his official duties,
2-53     or his securities from liability;
2-54                 (26)  giving [Giving] effect to informal or invalid
2-55     wills or deeds;
2-56                 (27)  summoning [Summoning] or empanelling grand or
2-57     petit juries;
2-58                 (28)  for [For] limitation of civil or criminal
2-59     actions;
2-60                 (29)  for [For] incorporating railroads or other works
2-61     of internal improvements; or
2-62                 (30)  relieving or discharging any person or set of
2-63     persons from the performance of any public duty or service imposed
2-64     by general law.
2-65           (b)  In addition to those laws described by Subsection (a) of
2-66     this section [; And] in all other cases where a general law can be
2-67     made applicable, no local or special law shall be enacted;
2-68     provided, that nothing herein contained shall be construed to
2-69     prohibit the Legislature from passing:
 3-1                 (1)  special laws for the preservation of the game and
 3-2     fish of this State in certain localities; and
 3-3                 (2)  fence laws applicable to any subdivision of this
 3-4     State or counties as may be needed to meet the wants of the people.
 3-5           SECTION 1.04.  Section 59, Article III, Texas Constitution,
 3-6     is amended to read as follows:
 3-7           Sec. 59.  The Legislature shall have power to pass such laws
 3-8     as may be necessary to provide for Workers' [Workmen's]
 3-9     Compensation Insurance for such State employees, as in its judgment
3-10     is necessary or required; and to provide for the payment of all
3-11     costs, charges, and premiums on such policies of insurance;
3-12     providing the State shall never be required to purchase insurance
3-13     for any employee.
3-14           SECTION 1.05. Section 60, Article III, Texas Constitution, is
3-15     amended to read as follows:
3-16           Sec. 60. The Legislature shall have the power to pass such
3-17     laws as may be necessary to enable all counties, cities, towns,
3-18     villages, and other political subdivisions of this State to provide
3-19     Workers' [Workman's] Compensation Insurance, including the right of
3-20     a political subdivision to provide its own insurance risk, for all
3-21     employees of the [county or] political subdivision as in its
3-22     judgment is necessary or required;  and the Legislature shall
3-23     provide suitable laws for the administration of such insurance in
3-24     the counties, cities, towns, villages, or other political
3-25     subdivisions of this State and for the payment of the costs,
3-26     charges and premiums on such policies of insurance and the benefits
3-27     to be paid thereunder.
3-28           SECTION 1.06. Sections 61 and 63,  Article III,  Texas
3-29     Constitution, are repealed.
3-30                      ARTICLE 2.  CHANGES TO ARTICLE V
3-31           SECTION 2.01. Sections 1-a(1) and (2), Article V, Texas
3-32     Constitution, are amended to read as follows:
3-33           (1)  Subject to the further provisions of this Section, the
3-34     Legislature shall provide for the retirement and compensation of
3-35     Justices and Judges of the Appellate Courts and District and
3-36     Criminal District Courts on account of length of service, age and
3-37     disability, and for their reassignment to active duty where and
3-38     when needed.  The office of every such Justice and Judge shall
3-39     become vacant when the incumbent reaches the age of seventy-five
3-40     (75) years or such earlier age, not less than seventy (70) years,
3-41     as the Legislature may prescribe[;  but, in the case of an
3-42     incumbent whose term of office includes the effective date of this
3-43     Amendment, this provision shall not prevent him from serving the
3-44     remainder of said term nor be applicable to him before his period
3-45     or periods of judicial service shall have reached a total of ten
3-46     (10) years].
3-47           (2)  The [name of the State Judicial Qualifications
3-48     Commission is changed to the] State Commission on Judicial
3-49     Conduct[.  The Commission] consists of eleven (11) members, to wit:
3-50     (i) one (1) Justice of a Court of Appeals; (ii) one (1) District
3-51     Judge; (iii) two (2) members of the State Bar, who have
3-52     respectively practiced as such for over ten (10) consecutive years
3-53     next preceding their selection; (iiii) four (4) citizens, at least
3-54     thirty (30) years of age, not licensed to practice law nor holding
3-55     any salaried public office or employment; (v) one (1) Justice of
3-56     the Peace; (vi) one (1) Judge of a Municipal Court;  and, (vii) one
3-57     (1) Judge of a County Court at Law;  provided that no person shall
3-58     be or remain a member of the Commission, who does not maintain
3-59     physical residence within this State, or who resides in, or holds a
3-60     judgeship within or for, the same Supreme Judicial District as
3-61     another member of the Commission, or who shall have ceased to
3-62     retain the qualifications above specified for his respective class
3-63     of membership, except that the Justice of the Peace and the Judges
3-64     of a Municipal Court and or a County Court at Law shall be selected
3-65     at large without regard to whether they reside or hold a judgeship
3-66     in the same Supreme Judicial District as another member of the
3-67     Commission. Commissioners of classes (i), (ii), and (vii) above
3-68     shall be chosen by the Supreme Court with advice and consent of the
3-69     Senate, those of class (iii) by the Board of Directors of the State
 4-1     Bar under regulations to be prescribed by the Supreme Court with
 4-2     advice and consent of the Senate, those of class (iiii) by
 4-3     appointment of the Governor with advice and consent of the Senate,
 4-4     and the commissioners of classes (v) and (vi) by appointment of the
 4-5     Supreme Court as provided by law, with the advice and consent of
 4-6     the Senate.
 4-7           SECTION 2.02. Section 2, Article V, Texas Constitution, is
 4-8     amended to read as follows:
 4-9           Sec. 2. (a)  The Supreme Court shall consist of the Chief
4-10     Justice and eight Justices, any five of whom shall constitute a
4-11     quorum, and the concurrence of five shall be necessary to a
4-12     decision of a case;  provided, that when the business of the court
4-13     may require, the court may sit in sections as designated by the
4-14     court to hear argument of causes and to consider applications for
4-15     writs of error or other preliminary matters.
4-16           (b)  No person shall be eligible to serve in the office of
4-17     Chief Justice or Justice of the Supreme Court unless the person is
4-18     licensed to practice law in this state and is, at the time of
4-19     election, a citizen of the United States and of this state, and has
4-20     attained the age of thirty-five years, and has been a practicing
4-21     lawyer, or a lawyer and judge of a court of record together at
4-22     least ten years.
4-23           (c)  Said Justices shall be elected (three of them each two
4-24     years) by the qualified voters of the state at a general election;
4-25     shall hold their offices six years[, or until their successors are
4-26     elected and qualified];  and shall each receive such compensation
4-27     as shall be provided by law.  [In case of a vacancy in the office
4-28     of the Chief Justice or any Justice of the Supreme Court, the
4-29     Governor shall fill the vacancy until the next general election for
4-30     state officers, and at such general election the vacancy for the
4-31     unexpired term shall be filled by election by the qualified voters
4-32     of the state.  The Justices of the Supreme Court who may be in
4-33     office at the time this amendment takes effect shall continue in
4-34     office until the expiration of their term of office under the
4-35     present Constitution, and until their successors are elected and
4-36     qualified.]
4-37           SECTION 2.03. Section 3, Article V, Texas Constitution, is
4-38     amended to read as follows:
4-39           Sec. 3. (a)  The Supreme Court shall exercise the judicial
4-40     power of the state except as otherwise provided in this
4-41     Constitution.  Its jurisdiction shall be coextensive with the
4-42     limits of the State and its determinations shall be final except in
4-43     criminal law matters.  Its appellate jurisdiction shall be final
4-44     and shall extend to all cases except in criminal law matters and as
4-45     otherwise provided in this Constitution or by law.  The Supreme
4-46     Court and the Justices thereof shall have power to issue writs of
4-47     habeas corpus, as may be prescribed by law, and under such
4-48     regulations as may be prescribed by law, the said courts and the
4-49     Justices thereof may issue the writs of mandamus, procedendo,
4-50     certiorari and such other writs, as may be necessary to enforce its
4-51     jurisdiction.  The Legislature may confer original jurisdiction on
4-52     the Supreme Court to issue writs of quo warranto and mandamus in
4-53     such cases as may be specified, except as against the Governor of
4-54     the State.
4-55           (b)  The Supreme Court shall also have power, upon affidavit
4-56     or otherwise as by the court may be determined, to ascertain such
4-57     matters of fact as may be necessary to the proper exercise of its
4-58     jurisdiction.
4-59           [The Supreme Court shall appoint a clerk, who shall give bond
4-60     in such manner as is now or may hereafter, be required by law, and
4-61     he may hold his office for four years and shall be subject to
4-62     removal by said court for good cause entered of record on the
4-63     minutes of said court who shall receive such compensation as the
4-64     Legislature may provide.]
4-65           SECTION 2.04.  Section 4, Article V, Texas Constitution, is
4-66     amended to read as follows:
4-67           Sec. 4.  (a)  The Court of Criminal Appeals shall consist of
4-68     eight Judges and one Presiding Judge. The Judges shall have the
4-69     same qualifications and receive the same salaries as the Associate
 5-1     Justices of the Supreme Court, and the Presiding Judge shall have
 5-2     the same qualifications and receive the same salary as the Chief
 5-3     Justice of the Supreme Court. The Presiding Judge and the Judges
 5-4     shall be elected by the qualified voters of the state at a general
 5-5     election and shall hold their offices for a term of six years. [In
 5-6     case of a vacancy in the office of a Judge of the Court of Criminal
 5-7     Appeals, the Governor shall, with the advice and consent of the
 5-8     Senate, fill said vacancy by appointment until the next succeeding
 5-9     general election.]
5-10           (b)  For the purpose of hearing cases, the Court of Criminal
5-11     Appeals may sit in panels of three Judges, the designation thereof
5-12     to be under rules established by the court. In a panel of three
5-13     Judges, two Judges shall constitute a quorum and the concurrence of
5-14     two Judges shall be necessary for a decision. The Presiding Judge,
5-15     under rules established by the court, shall convene the court en
5-16     banc for the transaction of all other business and may convene the
5-17     court en banc for the purpose of hearing cases. The court must sit
5-18     en banc during proceedings involving capital punishment and other
5-19     cases as required by law. When convened en banc, five Judges shall
5-20     constitute a quorum and the concurrence of five Judges shall be
5-21     necessary for a decision. The Court of Criminal Appeals may appoint
5-22     Commissioners in aid of the Court of Criminal Appeals as provided
5-23     by law.
5-24           SECTION 2.05. Section 5, Article V, Texas Constitution, is
5-25     amended to read as follows:
5-26           Sec. 5. (a)  The Court of Criminal Appeals shall have final
5-27     appellate jurisdiction coextensive with the limits of the state,
5-28     and its determinations shall be final, in all criminal cases of
5-29     whatever grade, with such exceptions and under such regulations as
5-30     may be provided in this Constitution or as prescribed by law.
5-31           (b)  The appeal of all cases in which the death penalty has
5-32     been assessed shall be to the Court of Criminal Appeals.  The
5-33     appeal of all other criminal cases shall be to the Courts of Appeal
5-34     as prescribed by law.  In addition, the Court of Criminal Appeals
5-35     may, on its own motion, review a decision of a Court of Appeals in
5-36     a criminal case as provided by law.  Discretionary review by the
5-37     Court of Criminal Appeals is not a matter of right, but of sound
5-38     judicial discretion.
5-39           (c)  Subject to such regulations as may be prescribed by law,
5-40     the Court of Criminal Appeals and the Judges thereof shall have the
5-41     power to issue the writ of habeas corpus, and, in criminal law
5-42     matters, the writs of mandamus, procedendo, prohibition, and
5-43     certiorari.  The Court and the Judges thereof shall have the power
5-44     to issue such other writs as may be necessary to protect its
5-45     jurisdiction or enforce its judgments.  The court shall have the
5-46     power upon affidavit or otherwise to ascertain such matters of fact
5-47     as may be necessary to the exercise of its jurisdiction.
5-48           [The Court of Criminal Appeals may sit for the transaction of
5-49     business at any time during the year and each term shall begin and
5-50     end with each calendar year.  The Court of Criminal Appeals shall
5-51     appoint a clerk of the court who shall give bond in such manner as
5-52     is now or may hereafter be required by law, and who shall hold his
5-53     office for a term of four years unless sooner removed by the court
5-54     for good cause entered of record on the minutes of said court.]
5-55           [The Clerk of the Court of Criminal Appeals who may be in
5-56     office at the time when this Amendment takes effect shall continue
5-57     in office for the term of his appointment.]
5-58           SECTION 2.06. Article V, Texas Constitution, is amended by
5-59     adding Sections 5a and 5b to read as follows:
5-60           Sec. 5a. The Supreme Court, Court of Criminal Appeals, and
5-61     each Court of Appeals shall each appoint a clerk of the court, who
5-62     shall give bond in the manner required by law, may hold office for
5-63     four years subject to removal by the appointing court for good
5-64     cause entered of record on the minutes of the court, and shall
5-65     receive such compensation as the legislature may provide.
5-66           Sec. 5b. The Supreme Court and the Court of Criminal Appeals
5-67     may sit at any time during the year at the seat of government or,
5-68     at the court's discretion, at any other location in this state for
5-69     the transaction of business, and each term of either court shall
 6-1     begin and end with each calendar year.
 6-2           SECTION 2.07. Section 6, Article V, Texas Constitution, is
 6-3     amended to read as follows:
 6-4           Sec. 6. (a)  The state shall be divided into courts of
 6-5     appeals districts, with each district having a Chief Justice, two
 6-6     or more other Justices, and such other officials as may be provided
 6-7     by law. The Justices shall have the qualifications prescribed for
 6-8     Justices of the Supreme Court.  The Court of Appeals may sit in
 6-9     sections as authorized by law.  The concurrence of a majority of
6-10     the judges sitting in a section is necessary to decide a case.
6-11     Said Court of Appeals shall have appellate jurisdiction
6-12     co-extensive with the limits of their respective districts, which
6-13     shall extend to all cases of which the District Courts or County
6-14     Courts have original or appellate jurisdiction, under such
6-15     restrictions and regulations as may be prescribed by law.
6-16     Provided, that the decision of said courts shall be conclusive on
6-17     all questions of fact brought before them on appeal or error.  Said
6-18     courts shall have such other jurisdiction, original and appellate,
6-19     as may be prescribed by law.
6-20           (b)  Each of said Courts of Appeals shall hold its sessions
6-21     at a place in its district to be designated by the Legislature, and
6-22     at such time as may be prescribed by law.  Said Justices shall be
6-23     elected by the qualified voters of their respective districts at a
6-24     general election, for a term of six years and shall receive for
6-25     their services the sum provided by law[.  Each Court of Appeals
6-26     shall appoint a clerk in the same manner as the clerk of the
6-27     Supreme Court which clerk shall receive such compensation as may be
6-28     fixed by law].
6-29           (c)  All constitutional and statutory references to the
6-30     Courts of Civil Appeals shall be construed to mean the Courts of
6-31     Appeals.
6-32           SECTION 2.08. Section 11, Article V, Texas Constitution, is
6-33     amended to read as follows:
6-34           Sec. 11. No judge shall sit in any case wherein the judge
6-35     [he] may be interested, or where either of the parties may be
6-36     connected with  the judge  [him], either by affinity or
6-37     consanguinity, within such a degree as may be prescribed by law, or
6-38     when the judge  [he] shall have been counsel in  the case.  When
6-39     the Supreme Court, the Court of Criminal Appeals, the Court of
6-40     [Civil] Appeals, or any member of any of those courts [either,]
6-41     shall be thus disqualified to hear and determine any case or cases
6-42     in said court, the same shall be certified to the Governor of the
6-43     State, who shall immediately commission the requisite number of
6-44     persons learned in the law for the trial and determination of such
6-45     cause or causes.  When a judge of the District Court is
6-46     disqualified by any of the causes above stated, the parties may, by
6-47     consent, appoint a proper person to try said case; or upon their
6-48     failing to do so, a competent person may be appointed to try the
6-49     same in the county where it is pending, in such manner as may be
6-50     prescribed by law.
6-51           And the District Judges may exchange districts, or hold
6-52     courts for each other when they may deem it expedient, and shall do
6-53     so when required by law.  This disqualification of judges of
6-54     inferior tribunals shall be remedied and vacancies in their offices
6-55     filled as may be prescribed by law.
6-56           SECTION 2.09. Section 13, Article V, Texas Constitution, is
6-57     amended to read as follows:
6-58           Sec. 13. Grand and petit juries in the District Courts shall
6-59     be composed of twelve persons [men];  but nine members of a grand
6-60     jury shall be a quorum to transact business and present bills.  In
6-61     trials of civil cases, and in trials of criminal cases below the
6-62     grade of felony in the District Courts, nine members of the jury,
6-63     concurring, may render a verdict, but when the verdict shall be
6-64     rendered by less than the whole number, it shall be signed by every
6-65     member of the jury concurring in it.  When, pending the trial of
6-66     any case, one or more jurors not exceeding three, may die, or be
6-67     disabled from sitting, the remainder of the jury shall have the
6-68     power to render the verdict;  provided, that the Legislature may
6-69     change or modify the rule authorizing less than the whole number of
 7-1     the jury to render a verdict.
 7-2           SECTION 2.10. Article V, Texas Constitution, is amended by
 7-3     adding Section 14 to read as follows:
 7-4           Sec. 14. (a)  The legislature shall prescribe by law the
 7-5     qualifications of grand jurors and petit jurors.
 7-6           (b)  The legislature shall enact laws to exclude from serving
 7-7     on juries persons who have been convicted of bribery, perjury,
 7-8     forgery, or other high crimes.
 7-9           SECTION 2.11. Section 17, Article V, Texas Constitution, is
7-10     amended to read as follows:
7-11           Sec. 17. The County Court shall hold terms as provided by
7-12     law.  Prosecutions may be commenced in said court by information
7-13     filed by the county attorney, or by affidavit, as may be provided
7-14     by law.  Grand juries empaneled in the District Courts shall
7-15     inquire into misdemeanors, and all indictments therefor returned
7-16     into the District Courts shall forthwith be certified to the County
7-17     Courts or other inferior courts, having jurisdiction to try them
7-18     for trial;  and if such indictment be quashed in the County, or
7-19     other inferior court, the person charged, shall not be discharged
7-20     if there is probable cause of guilt, but may be held by such court
7-21     or magistrate to answer an information or affidavit.  A jury in the
7-22     County Court shall consist of six persons [men];  but no jury shall
7-23     be empaneled to try a civil case unless demanded by one of the
7-24     parties, who shall pay such jury fee therefor, in advance, as may
7-25     be prescribed by law, unless the party [he] makes affidavit that
7-26     the party [he] is unable to pay the jury fee [same].
7-27           SECTION 2.12. Sections 18(e), (f), and (g), Article V, Texas
7-28     Constitution, are amended to read as follows:
7-29           (e) The office of Constable is abolished in Mills County,
7-30     Reagan County, and Roberts County [is abolished].  The powers,
7-31     duties, and records of the office are transferred to the County
7-32     Sheriff.
7-33           (f)  [The office of Constable in Reagan County and the office
7-34     of Constable in Roberts County are abolished.  The functions of the
7-35     office are transferred to the County Sheriff.  However, the office
7-36     of Constable is abolished under this subsection only if, at the
7-37     statewide election at which the constitutional amendment providing
7-38     for the abolition is submitted to the voters, a majority of the
7-39     voters of Reagan County or Roberts County, as applicable, voting on
7-40     the question at that election favor the amendment.]
7-41           [(g)]  The Legislature by general law may prescribe the
7-42     qualifications of constables.
7-43           SECTION 2.13. Section 28, Article V, Texas Constitution, is
7-44     amended to read as follows:
7-45           Sec. 28. (a)  A vacancy [VACANCIES IN OFFICES OF JUDGES OF
7-46     SUPERIOR COURTS TO BE FILLED BY THE GOVERNOR. Vacancies] in the
7-47     office of Chief Justice, Justice, or Judge [judges] of the Supreme
7-48     Court, the Court of Criminal Appeals, the Court of [Civil] Appeals,
7-49     or [and] the District Courts shall be filled by the Governor until
7-50     the next succeeding General Election for state officers, and at
7-51     that election the voters shall fill the vacancy for the unexpired
7-52     term.
7-53           (b)  A vacancy[; and vacancies] in the office of County Judge
7-54     or Justice [and Justices] of the Peace shall be filled by the
7-55     Commissioners Court until the next succeeding General Election.
7-56           SECTION 2.14. Section 29, Article V, Texas Constitution, is
7-57     amended to read as follows:
7-58           Sec. 29. The County Court shall hold at least four terms for
7-59     both civil and criminal business annually, as may be provided by
7-60     the Legislature, or by the Commissioners [Commissioners'] Court of
7-61     the county under authority of law, and such other terms each year
7-62     as may be fixed by the Commissioners [Commissioners'] Court;
7-63     provided, the Commissioners [Commissioners'] Court of any county
7-64     having fixed the times and number of terms of the County Court,
7-65     shall not change the same again until the expiration of one year.
7-66     Said court shall dispose of probate business either in term time or
7-67     vacation, under such regulation as may be prescribed by law.
7-68     [Prosecutions may be commenced in said courts in such manner as is
7-69     or may be provided by law, and a jury therein shall consist of six
 8-1     men.]  Until otherwise provided, the terms of the County Court
 8-2     shall be held on the first Mondays in February, May, August and
 8-3     November, and may remain in session three weeks.
 8-4           SECTION 2.15. Sections 3a and 27, Article V, Texas
 8-5     Constitution, are repealed.
 8-6                      ARTICLE 3.  CHANGES TO ARTICLE VI
 8-7           SECTION 3.01. Section 1, Article VI, Texas Constitution, is
 8-8     amended to read as follows:
 8-9           Sec. 1. (a)  The following classes of persons shall not be
8-10     allowed to vote in this State[, to wit]:
8-11                 (1)  persons [First:  Persons] under 18 years of
8-12     age;[.]
8-13                 (2)  [Second:  All] persons who have been determined
8-14     mentally incompetent by a court, subject to such exceptions as the
8-15     Legislature may make; and [.]
8-16                 (3)  [Third:  All] persons convicted of any felony,
8-17     subject to such exceptions as the Legislature may make.
8-18           (b)  The legislature shall enact laws to exclude from the
8-19     right of suffrage persons who have been convicted of bribery,
8-20     perjury, forgery, or other high crimes.
8-21           SECTION 3.02. Section 2, Article VI, Texas Constitution, is
8-22     amended to read as follows:
8-23           Sec. 2. (a)  Every person subject to none of the [foregoing]
8-24     disqualifications provided by Section 1 of this article or by a law
8-25     enacted under that section who is [shall be] a citizen of the
8-26     United States and who is a resident of this state shall be deemed a
8-27     qualified voter;  provided, however, that before offering to vote
8-28     at an election a voter shall have registered, but such requirement
8-29     for registration shall not be considered a qualification of a voter
8-30     within the meaning of the term "qualified voter" as used in any
8-31     other Article of this Constitution in respect to any matter except
8-32     qualification and eligibility to vote at an election.
8-33           (b)  The Legislature may authorize absentee voting.
8-34           (c)  The privilege of free suffrage shall be protected by
8-35     laws regulating elections and prohibiting under adequate penalties
8-36     all undue influence in elections from power, bribery, tumult, or
8-37     other improper practice.
8-38                     ARTICLE 4.  CHANGES TO ARTICLE VII
8-39           SECTION 4.01. Section 6, Article VII, Texas Constitution, is
8-40     amended to read as follows:
8-41           Sec. 6. All lands heretofore, or hereafter granted to the
8-42     several counties of this State for educational purposes, are of
8-43     right the property of said counties respectively, to which they
8-44     were granted, and title thereto is vested in said counties, and no
8-45     adverse possession or limitation shall ever be available against
8-46     the title of any county.  Each county may sell or dispose of its
8-47     lands in whole or in part, in manner to be provided by the
8-48     Commissioners [Commissioners'] Court of the county.  [Actual
8-49     settlers residing on said lands, shall be protected in the prior
8-50     right of purchasing the same to the extent of their settlement, not
8-51     to exceed one hundred and sixty acres, at the price fixed by said
8-52     court, which price shall not include the value of existing
8-53     improvements made thereon by such settlers.]  Said lands, and the
8-54     proceeds thereof, when sold, shall be held by said counties alone
8-55     as a trust for the benefit of public schools therein;  said
8-56     proceeds to be invested in bonds of the United States, the State of
8-57     Texas, or counties in said State, or in such other securities, and
8-58     under such restrictions as may be prescribed by law;  and the
8-59     counties shall be responsible for all investments;  the interest
8-60     thereon, and other revenue, except the principal shall be available
8-61     fund.
8-62           SECTION 4.02. Article VII, Texas Constitution, is amended by
8-63     adding Section 9-a to read as follows:
8-64           Sec. 9-a.  TEMPORARY PROVISION. (a)  All land and other
8-65     property set apart under former Section 9 of this article to
8-66     provide a permanent fund described by former Section 9 and
8-67     constituting such a fund on the date former Section 9 of this
8-68     article is repealed shall be sold by the General Land Office as
8-69     soon as practicable after that date and the proceeds shall be
 9-1     deposited to the credit of the general revenue fund to be
 9-2     appropriated for the benefit of education.
 9-3           (b)  All money remaining in the permanent funds established
 9-4     under former Section 9 of this article on the date that section is
 9-5     repealed shall be transferred on that date to the Texas School for
 9-6     the Blind and Visually Impaired and the Texas School for the Deaf,
 9-7     in equal shares.  All outstanding income accrued to the benefit of
 9-8     those permanent funds before that date that are collected after
 9-9     that date and before this section expires shall be deposited to the
9-10     credit of the general revenue fund.
9-11           (c)  This section expires January 1, 2005.
9-12           SECTION 4.03. Sections 4A and 9, Article VII, Texas
9-13     Constitution, are repealed.
9-14                    ARTICLE 5.  CHANGES TO ARTICLE VIII 
9-15           SECTION 5.01. Section 1-a, Article VIII, Texas Constitution,
9-16     is amended to read as follows:
9-17           Sec. 1-a. [No State ad valorem tax shall be levied upon any
9-18     property within this State.]  The several counties of the State are
9-19     authorized to levy ad valorem taxes upon all property within their
9-20     respective boundaries for county purposes, except the first Three
9-21     Thousand Dollars ($3,000) value of residential homesteads of
9-22     married or unmarried adults, [male or female,] including those
9-23     living alone, not to exceed thirty cents (30 ) on each One Hundred
9-24     Dollars ($100) valuation, in addition to all other ad valorem taxes
9-25     authorized by the Constitution of this State, provided the revenue
9-26     derived therefrom shall be used for construction and maintenance of
9-27     Farm to Market Roads or for Flood Control, except as herein
9-28     otherwise provided.
9-29           SECTION 5.02. Section 1-e, Article VIII, Texas Constitution,
9-30     is amended to read as follows:
9-31           Sec. 1-e. [1.]  No State ad valorem taxes shall be levied
9-32     upon any property within this State.
9-33           [2.  All receipts from previously authorized State ad valorem
9-34     taxes that are collected on or after the effective date of the 1982
9-35     amendment to this section shall be deposited to the credit of the
9-36     general fund of the county collecting the taxes and may be expended
9-37     for county purposes.  Receipts from taxes collected before that
9-38     date shall be distributed by the legislature among institutions
9-39     eligible to receive distributions under prior law.  Those receipts
9-40     and receipts distributed under prior law may be expended for the
9-41     purposes provided under prior law or for repair and renovation of
9-42     existing permanent improvements.]
9-43           SECTION 5.03. Section 14, Article VIII, Texas Constitution,
9-44     is amended to read as follows:
9-45           Sec. 14. (a)  The qualified voters of each county shall elect
9-46     an assessor-collector of taxes for the county, except as otherwise
9-47     provided by this section.
9-48           (b)  In any county having a population of less than 10,000
9-49     inhabitants, as determined by the most recent decennial census of
9-50     the United States, the sheriff of the county, in addition to that
9-51     officer's other duties, shall be the assessor-collector of taxes,
9-52     except that the commissioners court of such a county may submit to
9-53     the qualified voters of the county at an election the question of
9-54     electing an assessor-collector of taxes as a county officer
9-55     separate from the office of sheriff.  If a majority of the voters
9-56     voting in such an election approve of electing an
9-57     assessor-collector of taxes for the county, then such official
9-58     shall be elected at the next general election for the
9-59     constitutional term of office as is provided for other tax
9-60     assessor-collectors in this state.
9-61           (c)  An assessor-collector of taxes [Except as provided in
9-62     Section 16 of this Article, there shall be elected by the qualified
9-63     voters of each county, an Assessor and Collector of Taxes, who]
9-64     shall hold [his] office for four years [and until his successor is
9-65     elected and qualified];  and [such Assessor and Collector of Taxes]
9-66     shall perform all the duties with respect to assessing property for
9-67     the purpose of taxation and of collecting taxes, as may be
9-68     prescribed by the Legislature.
9-69           SECTION 5.04. Sections 16 and 16a, Article VIII, Texas
 10-1    Constitution, are repealed.
 10-2                     ARTICLE 6.  CHANGES TO ARTICLE IX
 10-3          SECTION 6.01. Section 8, Article XVI, Texas Constitution, is
 10-4    redesignated as Section 14, Article IX, Texas Constitution, and
 10-5    amended to read as follows:
 10-6          Sec. 14 [8].  Each county in the State may provide, in such
 10-7    manner as may be prescribed by law, a Manual Labor Poor House and
 10-8    Farm, for taking care of, managing, employing and supplying the
 10-9    wants of its indigent and poor inhabitants.
10-10                     ARTICLE 7.  CHANGES TO ARTICLE XI
10-11          SECTION 7.01. Section 7, Article XI, Texas Constitution, is
10-12    amended to read as follows:
10-13          Sec. 7. All counties and cities bordering on the coast of the
10-14    Gulf of Mexico are hereby authorized upon a vote of the majority of
10-15    the qualified voters [resident property taxpayers] voting thereon
10-16    at an election called for such purpose to levy and collect such tax
10-17    for construction of sea walls, breakwaters, or sanitary purposes,
10-18    as may now or may hereafter be authorized by law, and may create a
10-19    debt for such works and issue bonds in evidence thereof.  But no
10-20    debt for any purpose shall ever be incurred in any manner by any
10-21    city or county unless provision is made, at the time of creating
10-22    the same, for levying and collecting a sufficient tax to pay the
10-23    interest thereon and provide at least two per cent (2%) as a
10-24    sinking fund;  and the condemnation of the right of way for the
10-25    erection of such works shall be fully provided for.
10-26          SECTION 7.02. Section 11, Article XI, Texas Constitution, is
10-27    amended to read as follows:
10-28          Sec. 11. (a)  A Home Rule City may provide by charter or
10-29    charter amendment, and a city, town or village operating under the
10-30    general laws may provide by majority vote of the qualified voters
10-31    voting at an election called for that purpose, for a longer term of
10-32    office than two (2) years for its officers, either elective or
10-33    appointive, or both, but not to exceed four (4) years;  provided,
10-34    however, that tenure under Civil Service shall not be affected
10-35    hereby; provided [.]
10-36          [Provided], however, that [if any of] such officers, elective
10-37    or appointive, are subject to Section 65(b), Article XVI, of this
10-38    constitution, providing for automatic resignation in certain
10-39    circumstances, in the same manner as a county or district officer
10-40    to which that section applies [shall announce their candidacy, or
10-41    shall in fact become a candidate, in any general, special or
10-42    primary election, for any office of profit or trust under the laws
10-43    of this State or the United States other than the office then held,
10-44    at any time when the unexpired term of the office then held shall
10-45    exceed one (1) year, such announcement or such candidacy shall
10-46    constitute an automatic resignation of the office then held, and
10-47    the vacancy thereby created shall be filled pursuant to law in the
10-48    same manner as other vacancies for such office are filled].
10-49          (b)  A municipality so providing a term exceeding two (2)
10-50    years but not exceeding four (4) years for any of its non-civil
10-51    service officers must elect all of the members of its governing
10-52    body by majority vote of the qualified voters in such municipality,
10-53    and any vacancy or vacancies occurring on such governing body shall
10-54    not be filled by appointment but must be filled by majority vote of
10-55    the qualified voters at a special election called for such purpose
10-56    within one hundred and twenty (120) days after such vacancy or
10-57    vacancies occur.
10-58                    ARTICLE 8.  CHANGES TO ARTICLE XVI 
10-59          SECTION 8.01. Section 1, Article XVI, Texas Constitution, is
10-60    amended to read as follows:
10-61          Sec. 1. (a)  All [Members of the Legislature, and all other]
10-62    elected and appointed officers, before they enter upon the duties
10-63    of their offices, shall take the following Oath or Affirmation:
10-64          "I, ____________, do solemnly swear (or affirm), that I will
10-65    faithfully execute the duties of the office of ____________ of the
10-66    State of Texas, and will to the best of my ability preserve,
10-67    protect, and defend the Constitution and laws of the United States
10-68    and of this State, so help me God."
10-69          (b)  All [Each member of the Legislature and all other]
 11-1    elected or appointed officers, before taking the Oath or
 11-2    Affirmation of office prescribed by this section and entering upon
 11-3    the duties of office, shall subscribe to the following statement:
 11-4          "I, ____________, do solemnly swear (or affirm) that I have
 11-5    not directly or indirectly paid, offered, promised to pay,
 11-6    contributed, or promised to contribute any money or thing of value,
 11-7    or promised any public office or employment for the giving or
 11-8    withholding of a vote at the election at which I was elected or as
 11-9    a reward to secure my appointment or confirmation, whichever the
11-10    case may be, so help me God."
11-11          (c)  [The Secretary of State, and all other appointed
11-12    officers, before entering upon the duties of their offices, shall
11-13    take the following Oath or Affirmation:]
11-14          ["I, ____________, do solemnly swear (or affirm), that I will
11-15    faithfully execute the duties of the office of ____________ of the
11-16    State of Texas, and will to the best of my ability preserve,
11-17    protect, and defend the Constitution and laws of the United States
11-18    and of this State, so help me God."]
11-19          [(d)  The Secretary of State, and all other appointed
11-20    officers, before taking the Oath or Affirmation of office
11-21    prescribed by this section and entering upon the duties of office,
11-22    shall subscribe to the following statement:]
11-23          ["I, ____________, do solemnly swear (or affirm) that I have
11-24    not directly or indirectly paid, offered, or promised to pay,
11-25    contributed, or promised to contribute any money, or valuable
11-26    thing, or promised any public office or employment, as a reward to
11-27    secure my appointment or confirmation thereof, so help me God."]
11-28          [(e)]  Members of the Legislature, the Secretary of State,
11-29    and all other elected and appointed state officers shall file the
11-30    signed statement required by Subsection (b) of this section with
11-31    the Secretary of State before taking the Oath or Affirmation of
11-32    office prescribed by Subsection (a) of this section.  All
11-33          [(f)  The Secretary of State and all] other [appointed]
11-34    officers shall retain [file] the signed statement required by
11-35    Subsection (b) [(d)] of this section with the official records of
11-36    the office [Secretary of State before taking the Oath or
11-37    Affirmation of office prescribed by Subsection (c) of this
11-38    section].
11-39          SECTION 8.02. Section 2, Article XVI, Texas Constitution, is
11-40    amended to read as follows:
11-41          Sec. 2. Laws shall be made to exclude from office persons who
11-42    have been [, serving on juries, and from the right of suffrage,
11-43    those who may have been or shall hereafter be] convicted of
11-44    bribery, perjury, forgery, or other high crimes.  [The privilege of
11-45    free suffrage shall be protected by laws regulating elections and
11-46    prohibiting under adequate penalties all undue influence therein
11-47    from power, bribery, tumult or other improper practice.]
11-48          SECTION 8.03. Section 11, Article XVI, Texas Constitution, is
11-49    amended to read as follows:
11-50          Sec. 11. The Legislature shall have authority to [classify
11-51    loans and lenders, license and regulate lenders,] define interest
11-52    and fix maximum rates of interest;  provided, however, in the
11-53    absence of legislation fixing maximum rates of interest all
11-54    contracts for a greater rate of interest than ten per centum (10%)
11-55    per annum shall be deemed usurious;  provided, further, that in
11-56    contracts where no rate of interest is agreed upon, the rate shall
11-57    not exceed six per centum (6%) per annum.  [Should any regulatory
11-58    agency, acting under the provisions of this Section, cancel or
11-59    refuse to grant any permit under any law passed by the Legislature;
11-60    then such applicant or holder shall have the right of appeal to the
11-61    courts and granted a trial de novo as that term is used in
11-62    appealing from the justice of peace court to the county court.]
11-63          SECTION 8.04. Section 23, Article XVI, Texas Constitution, is
11-64    amended to read as follows:
11-65          Sec. 23. The Legislature may pass laws for the regulation of
11-66    live stock and the protection of stock raisers in the stock raising
11-67    portion of the State, and exempt from the operation of such laws
11-68    other portions, sections, or counties; and shall have power to pass
11-69    general and special laws for the inspection of cattle, stock and
 12-1    hides and for the regulation of brands;  provided, that any local
 12-2    law thus passed shall be submitted to the qualified voters
 12-3    [freeholders] of the section to be affected thereby, and approved
 12-4    by them, before it shall go into effect.
 12-5          SECTION 8.05. Sections 19, 22, 43, 56, and 65A, Article XVI,
 12-6    Texas Constitution, are repealed.
 12-7           ARTICLE 9. TEMPORARY TRANSITION PROVISION; ELECTION 
 12-8          SECTION 9.01. The following temporary provision is added to
 12-9    the Texas Constitution:
12-10          TEMPORARY TRANSITION PROVISION. (a)  This section applies to
12-11    the amendments to this constitution proposed by H.J.R. No. 75, 77th
12-12    Legislature, Regular Session, 2001.
12-13          (b)  The reenactment of any provision of this constitution
12-14    for purposes of amendment does not revive a provision that may have
12-15    been impliedly repealed by the adoption of a later amendment.
12-16          (c)  The amendment of any provision of this constitution does
12-17    not affect vested rights.
12-18          SECTION 9.02. This proposed constitutional amendment shall be
12-19    submitted to the voters at an election to be held November 6, 2001.
12-20    The ballot shall be printed to permit voting for or against the
12-21    proposition:  "The constitutional amendment to eliminate obsolete,
12-22    archaic, redundant, and unnecessary provisions and to clarify,
12-23    update, and harmonize certain provisions of the Texas
12-24    Constitution."
12-25                                 * * * * *