78R2621 JRD-D

By:  Wilson                                                     H.J.R. No. 48 



A JOINT RESOLUTION

proposing a constitutional amendment providing for the removal of 
justices of the peace by the legislature and specifying when the 
house and the senate may consider the removal of justices of the 
peace and other officers.
	BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:                       
	SECTION 1.  Section 1, Article XV, Texas Constitution, is 
amended to read as follows:
	Sec. 1.  (a) The power of impeachment shall be vested in the 
House of Representatives.  
	(b)  The House of Representatives may exercise the power of 
impeachment at any regular or special session. When the Legislature 
is not in session the Speaker of the House of Representatives may 
convene the House for that purpose for a period of time prescribed 
by the Speaker.
	SECTION 2.  Section 2, Article XV, Texas Constitution, is 
amended to read as follows:
	Sec. 2.  (a) Impeachment of the Governor, Lieutenant 
Governor, Attorney General, Commissioner of the General Land 
Office, Comptroller, [and] the Judges of the Supreme Court, Court 
of Appeals, and District Court, and justices of the peace shall be 
tried by the Senate.
	(b)  The Senate may try the impeachment of an officer at any 
regular or special session. When the Legislature is not in session 
and the House of Representatives has preferred articles of 
impeachment against an officer, the Lieutenant Governor may convene 
the Senate to try the impeachment.
	SECTION 3.  Section 5, Article XV, Texas Constitution, is 
amended to read as follows:
	Sec. 5.  All officers against whom articles of impeachment 
may be preferred shall be suspended from the exercise of the duties 
of their office, during the pendency of such impeachment.  The 
Governor, or the commissioners court of a county if the House of 
Representatives has preferred articles of impeachment against a 
justice of the peace in the county, may make a provisional 
appointment to fill the vacancy occasioned by the suspension of an 
officer until the decision on the impeachment.
	SECTION 4.  Section 8, Article XV, Texas Constitution, is 
amended to read as follows:
	Sec. 8.  (a)  The Judges of the Supreme Court, Court of 
Appeals, and District Courts, and justices of the peace shall be 
removed by the Governor on the address of two-thirds of each House 
of the Legislature, for wilful neglect of duty, incompetency, 
habitual drunkenness, oppression in office, or other reasonable 
cause which shall not be sufficient ground for impeachment;  
provided, however, that the cause or causes for which such removal 
shall be required, shall be stated at length in such address and 
entered on the journals of each House;  and provided further, that 
the cause or causes shall be notified to the judge or justice so 
intended to be removed, and the judge or justice [he] shall be 
admitted to a hearing in the judge's or justice's [his] own defense 
before any vote for such address shall pass, and in all such cases, 
the vote shall be taken by yeas and nays and entered on the journals 
of each House respectively.
	(b)  The Legislature may address the Governor under this 
section at any regular or special session. When the Legislature is 
not in session, the Speaker of the House of Representatives and the 
Lieutenant Governor may jointly convene the Legislature for a 
period of time jointly prescribed by those officers to consider 
whether to address the Governor to remove a judge or justice of the 
peace under this section.
	SECTION 5.  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 
proposition: "The constitutional amendment to allow the 
legislature to remove a justice of the peace for misconduct or other 
cause and authorizing the house of representatives and senate when 
not in session to convene to consider removing a public officer."