77R15806 GGS-F
By Duncan, et al. S.B. No. 129
Substitute the following for S.B. No. 129:
By Thompson C.S.S.B. No. 129
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 the justice or judge has been reappointed by the
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 occurs in the office of chief justice or
1-24 justice of the supreme court before the expiration of a term, the
2-1 governor shall appoint a successor subject to the advice and
2-2 consent of the senate. If the senate is not in session, the
2-3 appointee shall serve until January 31 of the following
2-4 odd-numbered year.
2-5 (e) If a vacancy occurs in the office of presiding judge or
2-6 judge of the court of criminal appeals before the expiration of a
2-7 term, the governor shall appoint a successor subject to the advice
2-8 and consent of the senate. If the senate is not in session, the
2-9 appointee shall serve until January 31 of the following
2-10 odd-numbered year.
2-11 SECTION 2. Subsections (c) and (h), Section 52.092, Election
2-12 Code, are amended to read as follows:
2-13 (c) Statewide offices of the state government shall be
2-14 listed in the following order:
2-15 (1) governor;
2-16 (2) lieutenant governor;
2-17 (3) attorney general;
2-18 (4) comptroller of public accounts;
2-19 (5) commissioner of the General Land Office;
2-20 (6) commissioner of agriculture;
2-21 (7) railroad commissioner[;]
2-22 [(8) chief justice, supreme court;]
2-23 [(9) justice, supreme court;]
2-24 [(10) presiding judge, court of criminal appeals;]
2-25 [(11) judge, court of criminal appeals].
2-26 (h) The secretary of state shall assign a place number to
2-27 each position to be filled at the general election for state and
3-1 county officers for each full or unexpired term in the office of
3-2 [following offices:]
3-3 [(1) justice, supreme court;]
3-4 [(2) judge, court of criminal appeals; and]
3-5 [(3)] justice, court of appeals in a court having a
3-6 membership in excess of three, if distinguishing the positions to
3-7 be filled is necessary.
3-8 SECTION 3. (a) Each justice of the supreme court or judge
3-9 of the court of criminal appeals in office January 1, 2002, unless
3-10 otherwise removed or a successor under this Act is appointed as
3-11 provided by law, continues in office subject to this Act.
3-12 (b) Each vacancy for an unexpired term of a justice of the
3-13 supreme court or judge of the court of criminal appeals who is in
3-14 office January 1, 2002, preceding the expiration of the regular or
3-15 unexpired term for which each was elected or appointed is subject
3-16 to the length of the term of the unexpired term of the vacant
3-17 office and to the applicable provisions of this Act and to the
3-18 provisions of Sections 2 and 4, Article V, Texas Constitution.
3-19 SECTION 4. This Act takes effect only if the constitutional
3-20 amendment proposed by the 77th Legislature, Regular Session, 2001,
3-21 providing for gubernatorial appointment for the offices of justices
3-22 of the supreme court and judges of the court of criminal appeals is
3-23 adopted. If the amendment is adopted, this Act takes effect
3-24 January 1, 2002.