By Thompson                                           H.J.R. No. 93
         Line and page numbers may not match official copy.
         Bill not drafted by TLC or Senate E&E.
                                 A JOINT RESOLUTION
 1-1     proposing a constitutional amendment providing for gubernatorial
 1-2     appointment for the offices of justices of the supreme court and
 1-3     judges of the court of criminal appeals.
 1-4           BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Sections 2 and 4, Article V, Texas Constitution,
 1-6     are amended to read as follows:
 1-7           Sec. 2. (a)  The Supreme Court shall consist of the Chief
 1-8     Justice and eight Justices, any five of whom shall constitute a
 1-9     quorum, and the concurrence of five shall be necessary to a
1-10     decision of a case; provided, that when the business of the court
1-11     may require, the court may sit in sections as designated by the
1-12     court to hear argument of causes and to consider applications for
1-13     writs of error or other preliminary matters.
1-14           (b)  No person shall be eligible to serve in the office of
1-15     Chief Justice or Justice of the Supreme Court unless the person is
1-16     licensed to practice law in this state and is, at the time of
1-17     appointment, a citizen of the United States and of this state, and
1-18     has attained the age of thirty-five years, and has been a
1-19     practicing lawyer, or a lawyer and judge of a court of record
1-20     together at least ten years.
1-21           (c) Said Chief Justice and Justices shall be appointed by the
1-22     governor, subject to confirmation by the Senate, [elected (three of
1-23     them each two years) by the qualified voters of the state at a
 2-1     general election; shall hold their offices] for a term of six
 2-2     years, or until their successors are sworn [elected and qualified].
 2-3     On appointment to a vacancy, a Chief Justice and Justice serves an
 2-4     initial term that ends January 31 of the odd-numbered year that
 2-5     occurs after the Chief Justice or Justice takes the oath of office.
 2-6           (d)  The Chief Justice and Justices[; and] shall each receive
 2-7     such compensation as shall be provided by law.  [In case of a
 2-8     vacancy in the office of the Chief Justice or any Justice of the
 2-9     Supreme Court, the Governor shall fill the vacancy until the next
2-10     general election for state officers, and at such general election
2-11     the vacancy for the unexpired term shall be filled by election by
2-12     the qualified voters of the state.]  The Justices of the Supreme
2-13     Court who may be in office at the time this amendment takes effect
2-14     shall continue in office until the expiration of their term of
2-15     office under the present Constitution, and until their successors
2-16     are appointed by the governor and confirmed by the senate [elected
2-17     and qualified].
2-18           Sec. 4. (a)  The Court of Criminal Appeals shall consist of
2-19     eight Judges and one Presiding Judge.
2-20           (b)  The Judges shall have the same qualifications and
2-21     receive the same salaries as the [Associate] Justices of the
2-22     Supreme Court, and the Presiding Judge shall have the same
2-23     qualifications and receive the same salary as the Chief Justice of
2-24     the Supreme Court.
2-25           (c)  The Presiding Judge and the Judges shall be appointed by
2-26     the governor, subject to confirmation by the Senate, [elected by
 3-1     the qualified voters of the state at a general election and shall
 3-2     hold their offices] for a term of six years.  On appointment to a
 3-3     vacancy, a Presiding Judge or Judge serves an initial term that
 3-4     ends January 31 of the odd-numbered year that occurs after the
 3-5     Presiding Judge or Judge takes the oath of office.  [In case of a
 3-6     vacancy in the office of a Judge of the Court of Criminal Appeals,
 3-7     the Governor shall, with the advice and consent of the Senate, fill
 3-8     said vacancy by appointment until the next succeeding general
 3-9     election.]
3-10           (d)  For the purpose of hearing cases, the Court of Criminal
3-11     Appeals may sit in panels of three Judges, the designation thereof
3-12     to be under rules established by the court.  In a panel of three
3-13     Judges, two Judges shall constitute a quorum and the concurrence of
3-14     two Judges shall be necessary for a decision.  The Presiding Judge,
3-15     under rules established by the court, shall convene the court en
3-16     banc for the transaction of all other business and may convene the
3-17     court en banc for the purpose of hearing cases.  The court must sit
3-18     en banc during proceedings involving capital punishment and other
3-19     cases as required by law.  When convened en banc, five Judges shall
3-20     constitute a quorum and the concurrence of five Judges shall be
3-21     necessary for a decision.  The Court of Criminal Appeals may
3-22     appoint Commissioners in aid of the Court of Criminal Appeals as
3-23     provided by law.
3-24           SECTION 2.  This proposed constitutional amendment shall be
3-25     submitted to the voters at an election to be held November 6, 2001.
3-26     The ballot shall be printed to permit voting for or against the
 4-1     proposition:  "The constitutional amendment providing for the
 4-2     governor, with the consent of the senate, to appoint justices of
 4-3     the supreme court and judges of the court of criminal appeals and
 4-4     providing for appointments to six-year terms for those justices and
 4-5     judges."