77R15807 GGS-F
By Duncan S.J.R. No. 3
Substitute the following for S.J.R. No. 3:
By Thompson C.S.S.J.R. No. 3
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 [election], a citizen of the United States and of this
1-18 state, and has attained the age of thirty-five years, and has been
1-19 a 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
1-22 the governor, subject to confirmation by the Senate, for a term of
2-1 [elected (three of them each two years) by the qualified voters of
2-2 the state at a general election; shall hold their offices] six
2-3 years, or until their successors are sworn. On appointment to a
2-4 vacancy, a Chief Justice or Justice serves an initial term that
2-5 ends January 31 of the odd-numbered year that occurs after the
2-6 Chief Justice or Justice takes the oath of office.
2-7 (d) The Chief Justice and Justices [elected and qualified;
2-8 and] shall each receive such compensation as shall be provided by
2-9 law. [In case of a vacancy in the office of the Chief Justice or
2-10 any Justice of the Supreme Court, the Governor shall fill the
2-11 vacancy until the next general election for state officers, and at
2-12 such general election the vacancy for the unexpired term shall be
2-13 filled by election by the qualified voters of the state.] The
2-14 Justices of the Supreme Court who may be in office at the time this
2-15 amendment takes effect shall continue in office until the
2-16 expiration of their term of office under the present Constitution,
2-17 and until their successors are appointed by the governor and
2-18 confirmed by the senate [elected and qualified].
2-19 Sec. 4. (a) The Court of Criminal Appeals shall consist of
2-20 eight Judges and one Presiding Judge.
2-21 (b) The Judges shall have the same qualifications and
2-22 receive the same salaries as the [Associate] Justices of the
2-23 Supreme Court, and the Presiding Judge shall have the same
2-24 qualifications and receive the same salary as the Chief Justice of
2-25 the Supreme Court.
2-26 (c) The Presiding Judge and the Judges shall be appointed by
2-27 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
3-27 proposition: "The constitutional amendment providing for the
4-1 governor, with the consent of the senate, to appoint justices of
4-2 the supreme court and judges of the court of criminal appeals and
4-3 providing for appointments to six-year terms for those justices and
4-4 judges."