78R229 QS-D
By: Wolens H.J.R. No. 13
A JOINT RESOLUTION
proposing a constitutional amendment prohibiting judicial
candidates from accepting political contributions except during
the year preceding and the six months following an election and
changing the terms of office of certain justices and judges.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article V, Texas Constitution, is amended by
adding Section 32 to read as follows:
Sec. 32. A justice or judge, a candidate for a judicial
office, or a political committee that, as one of its principal
purposes, either assists a justice or judge or supports or opposes
one or more identified candidates for judicial office may not
knowingly accept a political contribution, as defined by general
law, except during the period beginning on the 365th day before the
date of the general primary election for the office held or sought
and ending on the 180th day after the date of the general election
for that office.
SECTION 2. Section 2(c), Article V, Texas Constitution, is
amended to read as follows:
(c) Said Justices shall be elected [(three of them each two
years)] by the qualified voters of the state at a general election;
shall hold their offices eight [six] years; and shall each receive
such compensation as shall be provided by law.
SECTION 3. Section 4(a), Article V, Texas Constitution, is
amended to read as follows:
(a) The Court of Criminal Appeals shall consist of eight
Judges and one Presiding Judge. The Judges shall have the same
qualifications and receive the same salaries as the Associate
Justices of the Supreme Court, and the Presiding Judge shall have
the same qualifications and receive the same salary as the Chief
Justice of the Supreme Court. The Presiding Judge and the Judges
shall be elected by the qualified voters of the state at a general
election and shall hold their offices for a term of eight [six]
years.
SECTION 4. Section 6(b), Article V, Texas Constitution, is
amended to read as follows:
(b) Each of said Courts of Appeals shall hold its sessions
at a place in its district to be designated by the Legislature, and
at such time as may be prescribed by law. Said Justices shall be
elected by the qualified voters of their respective districts at a
general election, for a term of eight [six] years and shall receive
for their services the sum provided by law.
SECTION 5. Sections 7, 15, and 30, Article V, Texas
Constitution, are amended to read as follows:
Sec. 7. The State shall be divided into judicial districts,
with each district having one or more Judges as may be provided by
law or by this Constitution. Each district judge shall be elected
by the qualified voters at a General Election and shall be a citizen
of the United States and of this State, who is licensed to practice
law in this State and has been a practicing lawyer or a Judge of a
Court in this State, or both combined, for four [(4)] years next
preceding his election, who has resided in the district in which he
was elected for two [(2)] years next preceding his election, and who
shall reside in his district during his term of office and hold his
office for the period of six [four (4)] years, and who shall receive
for his services an annual salary to be fixed by the Legislature.
The Court shall conduct its proceedings at the county seat of the
county in which the case is pending, except as otherwise provided by
law. He shall hold the regular terms of his Court at the County Seat
of each County in his district in such manner as may be prescribed
by law. The Legislature shall have power by General or Special Laws
to make such provisions concerning the terms or sessions of each
Court as it may deem necessary.
The Legislature shall also provide for the holding of
District Court when the Judge thereof is absent, or is from any
cause disabled or disqualified from presiding.
Sec. 15. There shall be established in each county in this
State a County Court, which shall be a court of record; and there
shall be elected in each county, by the qualified voters, a County
Judge, who shall be well informed in the law of the State; shall be a
conservator of the peace, and shall hold his office for six [four]
years, and until his successor shall be elected and qualified. He
shall receive as compensation for his services such fees and
perquisites as may be prescribed by law.
Sec. 30. The Judges of all Courts of county-wide jurisdiction
[heretofore or hereafter] created by the Legislature of this State
shall be elected for a term of six years. All[, and all] Criminal
District Attorneys [now or hereafter] authorized by the laws of
this State[,] shall be elected for a term of four years[, and shall
serve until their successors have qualified].
SECTION 6. Section 64, Article XVI, Texas Constitution, is
amended to read as follows:
Sec. 64. Except as provided by Section 6, 7, 15, or 30,
Article V, of this constitution, the [The] office of Inspector of
Hides and Animals, the elective district, county and precinct
offices [which have heretofore had terms of two years,] shall
[hereafter] have terms of four years[; and the holders of such
offices shall serve until their successors are qualified].
SECTION 7. The following temporary provision is added to
the Texas Constitution:
TEMPORARY PROVISION. (a) This temporary provision applies to
the constitutional amendment prohibiting judicial candidates from
accepting political contributions except during the year preceding
and the six months following an election and changing the terms of
office of supreme court justices, court of criminal appeals judges,
court of appeals justices, district judges, county court judges,
and county court at law judges.
(b) The constitutional amendment takes effect January 1,
2004.
(c) Each supreme court justice, court of criminal appeals
judge, court of appeals justice, district judge, county court
judge, and county court at law judge who is in office January 1,
2004, continues in office for the term to which the person was
elected or appointed unless the person vacates the office or is
otherwise removed as provided by law. If a supreme court justice,
court of criminal appeals judge, court of appeals justice, district
judge, county court judge, or county court at law judge who is in
office January 1, 2004, vacates or is removed from that office, the
person's elected or appointed successor holds the office for the
remainder of the term to which the person who held the office on
January 1, 2004, was elected or appointed.
(d) The three supreme court justices elected at the regular
election held November 2, 2004, shall draw lots so that two justices
serve terms of six years and one justice serves a term of eight
years. The three justices elected at the regular election held
November 7, 2006, shall draw lots so that one justice serves a term
of six years and two justices serve terms of eight years.
(e) The three court of criminal appeals judges elected at
the first regular election held November 2, 2004, shall draw lots so
that two judges serve terms of six years and one judge serves a term
of eight years. The three judges elected at the regular election
held November 7, 2006, shall draw lots so that one judge serves a
term of six years and two judges serve terms of eight years.
(f) This temporary provision expires January 1, 2015.
SECTION 8. This proposed constitutional amendment shall be
submitted to the voters at an election to be held November 4, 2003.
The ballot shall be printed to provide for voting for or against the
proposition: "The constitutional amendment prohibiting judicial
candidates from accepting campaign contributions except during the
year preceding and the six months following an election and
changing the terms of office of supreme court justices, court of
criminal appeals judges, court of appeals justices, district
judges, county court judges, and county court at law judges."