78R4311 QS-D

By:  Nixon                                                      H.J.R. No. 42 



A JOINT RESOLUTION

proposing a constitutional amendment changing the requirements for 
persons serving as district judges.
	BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:                       
	SECTION 1.   Section 7, Article V, Texas Constitution, is 
amended to read as follows:
	Sec. 7.  (a)  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.
	(b)  Except as provided by Subsection (f) of this section, 
each [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, 
who has been licensed to practice law in one or more states, 
districts, or territories of the United States for a total of ten 
(10) years before taking office, who [and] has been a practicing 
lawyer or a Judge [of a Court in this State], or both combined, for 
ten (10) [four (4)] years before taking office [next preceding his 
election], who has resided in this State for one (1) year before 
taking office [the district in which he was elected for two (2) 
years next preceding his election], and who shall reside in the
[his] district during the judge's [his] term of office and hold 
[his] office for the period of four (4) years, and who shall receive 
for the judge's [his] services an annual salary to be fixed by the 
Legislature.
	(c)  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.
	(d)  The district judge [He] shall hold the regular terms of 
[his] Court at the County Seat of each County in the [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.
	(e)  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.
	(f)  A person serving in the office of district judge on 
January 1, 2004, to be eligible to serve as a district judge, must 
be elected by the qualified voters at a General Election, be a 
citizen of the United States and of this State, be licensed to 
practice law in this State, have been a practicing lawyer or a Judge 
of a Court in this State, or both combined, for four (4) years next 
preceding the judge's election, have resided in the district in 
which elected for two (2) years next preceding election, and reside 
in the district during the judge's term of office.
	SECTION 2.  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 permit voting for or against the 
following proposition:  "The constitutional amendment to require 
that judges of the district courts have practiced law for 10 years 
before taking office and have resided in the state for one year 
before taking office."