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