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78R3458 DRH-D
By: Jones of Bexar H.J.R. No. 63
A JOINT RESOLUTION
proposing a constitutional amendment providing for appointment to
fill vacancies in certain judicial offices and for nonpartisan
retention elections for those offices.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2, Article V, Texas Constitution, is
amended by amending Subsections (b) and (c) and adding Subsection
(d) to read as follows:
(b) No person shall be eligible to serve in the office of
Chief Justice or Justice of the Supreme Court unless the person is
licensed to practice law in this state and is, at the time of
election or appointment, a citizen of the United States and of this
state, and has attained the age of thirty-five years, and has been a
practicing lawyer, or a lawyer and judge of a court of record
together at least ten years.
(c) On appointment to a vacancy, a Chief Justice or Justice
serves an initial term that ends January 1 of the third odd-numbered
year that occurs after the Chief Justice or Justice takes the oath
of office. At the end of the appointed term and of each successive
term, the Chief Justice or Justice [Said Justices] shall be
subject, in the manner provided by law, to retention or rejection on
a nonpartisan ballot [elected (three of them each two years)] by the
qualified voters of the state at a general election and if
retained[;] shall hold office for a term of [their offices] six
years.
(d) The Chief Justice and Justices[; and] shall each receive
the [such] compensation [as shall be] provided by law.
SECTION 2. 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. On appointment to a vacancy, a
Presiding Judge or Judge serves an initial term that ends January 1
of the third odd-numbered year that occurs after the Presiding
Judge or Judge takes the oath of office. At the end of the appointed
term and of each successive term, the [The] Presiding Judge or Judge
[and the Judges] shall be subject, in the manner provided by law, to
retention or rejection on a nonpartisan ballot [elected] by the
qualified voters of the state at a general election and if retained
shall hold office [their offices] for a term of six years.
SECTION 3. 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. On appointment to a
vacancy, a Chief Justice or Justice serves an initial term that ends
January 1 of the third odd-numbered year that occurs after the Chief
Justice or Justice takes the oath of office. At the end of the
appointed term and of each successive term, the Chief Justice or
Justice [Said Justices] shall be subject, in the manner provided by
law, to retention or rejection on a nonpartisan ballot [elected] by
the qualified voters of their respective districts at a general
election and if retained shall hold office[,] for a term of six
years. The Chief Justice and Justices [and] shall receive for their
services the compensation [sum] provided by law.
SECTION 4. 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) On appointment to a vacancy, a district judge serves an
initial term that ends January 1 of the second odd-numbered year
that occurs after the district judge takes the oath of office. At
the end of the appointed term and of each successive term, the
[Each] district judge shall be subject, in the manner provided by
law, to retention or rejection on a nonpartisan ballot [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 if
retained shall hold [his] office for a term [the period] of four
[(4)] years. A district judge must reside in the district the judge
serves during the judge's term of office[,] and [who] shall receive
for his services an annual salary to be fixed by the Legislature.
(c) A person is not eligible to serve as a district judge
unless the person is 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 years next preceding the person's appointment,
and who has resided in the district to which the person was
appointed for two years next preceding the person's appointment.
(d) 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.
(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.
SECTION 5. Section 28(a), Article V, Texas Constitution, is
amended to read as follows:
(a) A vacancy in the office of Chief Justice, Justice, or
Judge of the Supreme Court, the Court of Criminal Appeals, the Court
of Appeals, or the District Courts shall be filled by the Governor
[until the next succeeding General Election for state officers, and
at that election the voters shall fill the vacancy for the unexpired
term]. In exercising its duty to provide advice and consent on an
appointment made by the Governor under Section 12, Article IV, of
this constitution, the senate by rule may provide for the
confirmation or rejection of a person appointed to fill a vacancy
described by this subsection during a recess of the senate by a
two-thirds vote of the membership of a committee of the senate
designated for that purpose. Until the appointee is confirmed or
rejected by an affirmative vote of two-thirds of the members of the
committee, the appointee's eligibility to continue in office is not
affected and Section 12, Article IV, applies to the appointee when
the senate next convenes.
SECTION 6. The following temporary provision is added to
the Texas Constitution:
TEMPORARY PROVISION. (a) This temporary provision applies
to the constitutional amendment proposed by the 78th Legislature,
Regular Session, 2003, providing for appointment to fill vacancies
in certain judicial offices and for nonpartisan retention elections
for those offices.
(b) The constitutional amendment takes effect January 1,
2004.
(c) This temporary provision expires January 2, 2004.
SECTION 7. 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 providing for
appointment to fill vacancies in the offices of the justices and
judges of the appellate and district courts and for nonpartisan
retention elections for those offices."