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
3-10 (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