79R12411 RMB-F


By:  Farabee                                                    H.J.R. No. 87 

Substitute the following for H.J.R. No. 87:                                   

By:  Hartnett                                               C.S.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) [(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; (viii) one (1) Judge of a Statutory Probate Court; and (ix) 
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), or (iii) 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), 
(viii), and (ix) 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 a statutory 
probate court judge and a constitutional county court judge on the 
membership of the State Commission on Judicial Conduct."