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."