H.J.R. No. 87 


A JOINT RESOLUTION
proposing a constitutional amendment relating to the membership of the State Commission on Judicial Conduct. BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Sections 1-a(2) and (5), Article V, Texas Constitution, are amended to read as follows: (2) The State Commission on Judicial Conduct consists of thirteen (13) [eleven (11)] members, to wit: (i) one (1) Justice of a Court of Appeals; (ii) one (1) District Judge; (iii) two (2) members of the State Bar, who have respectively practiced as such for over ten (10) consecutive years next preceding their selection; (iv) five (5) [(iiii) four (4)] citizens, at least thirty (30) years of age, not licensed to practice law nor holding any salaried public office or employment; (v) one (1) Justice of the Peace; (vi) one (1) Judge of a Municipal Court; [and,] (vii) one (1) Judge of a County Court at Law; and (viii) one (1) Judge of a Constitutional County Court; provided that no person shall be or remain a member of the Commission, who does not maintain physical residence within this State, [or who resides in, or holds a judgeship within or for, the same Supreme Judicial District as another member of the Commission,] or who shall have ceased to retain the qualifications above specified for that person's [his] respective class of membership, and provided that a Commissioner of class (i), (ii), (iii), (vii), or (viii) may not [except that the Justice of the Peace and the Judges of a Municipal Court and or a County Court at Law shall be selected at large without regard to whether they] reside or hold a judgeship in the same court of appeals district [Supreme Judicial District] as another member of the Commission. Commissioners of classes (i), (ii), [and] (vii), and (viii) above shall be chosen by the Supreme Court with advice and consent of the Senate, those of class (iii) by the Board of Directors of the State Bar under regulations to be prescribed by the Supreme Court with advice and consent of the Senate, those of class (iv) [(iiii)] by appointment of the Governor with advice and consent of the Senate, and the commissioners of classes (v) and (vi) by appointment of the Supreme Court as provided by law, with the advice and consent of the Senate. (5) The Commission may hold its meetings, hearings and other proceedings at such times and places as it shall determine but shall meet at Austin at least once each year. It shall annually select one of its members as Chairman. A quorum shall consist of seven (7) [six (6)] members. Proceedings shall be by majority vote of those present, except that recommendations for retirement, censure, suspension, or removal of any person holding an office named in Paragraph A of Subsection (6) of this Section shall be by affirmative vote of at least seven (7) [six (6)] members. SECTION 2. This proposed constitutional amendment shall be submitted to the voters at an election to be held November 8, 2005. The ballot shall be printed to provide for voting for or against the proposition: "The constitutional amendment to include one additional public member and a constitutional county court judge in the membership of the State Commission on Judicial Conduct." ______________________________ ______________________________ President of the Senate Speaker of the House I certify that H.J.R. No. 87 was passed by the House on April 25, 2005, by the following vote: Yeas 131, Nays 0, 2 present, not voting; and that the House concurred in Senate amendments to H.J.R. No. 87 on May 23, 2005, by the following vote: Yeas 143, Nays 0, 2 present, not voting. ______________________________ Chief Clerk of the House I certify that H.J.R. No. 87 was passed by the Senate, with amendments, on May 20, 2005, by the following vote: Yeas 31, Nays 0. _______________________________ Secretary of the Senate RECEIVED: _____________________ Date _____________________ Secretary of State