By:  Farabee (Senate Sponsor - Lindsay)                         H.J.R. No. 87 
	(In the Senate - Received from the House April 26, 2005; 
April 27, 2005, read first time and referred to Committee on 
Jurisprudence; May 16, 2005, reported adversely, with favorable 
Committee Substitute by the following vote:  Yeas 5, Nays 0; 
May 16, 2005, sent to printer.)


COMMITTEE SUBSTITUTE FOR H.J.R. No. 87                                   By:  Wentworth


HOUSE 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."



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