By: McReynolds, et al. Senate Sponsor-Watson H.J.R. No. 36
       (In the Senate - Received from the House March 22, 2007;
April 3, 2007, read first time and referred to Committee on
Jurisprudence; April 23, 2007, reported adversely, with favorable
Committee Substitute by the following vote:  Yeas 5, Nays 1;
April 23, 2007, sent to printer.)
 
COMMITTEE SUBSTITUTE FOR H.J.R. No. 36 By:  Watson
 
HOUSE JOINT RESOLUTION
proposing a constitutional amendment to permit a state justice or
judge who reaches the mandatory age of retirement while in office to
complete the justice's or judge's current term.
       BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Section 1-a(1), Article V, Texas Constitution,
is amended to read as follows:
       (1)  Subject to the further provisions of this Section, the
Legislature shall provide for the retirement and compensation of
Justices and Judges of the Appellate Courts and District and
Criminal District Courts on account of length of service, age and
disability, and for their reassignment to active duty where and
when needed. The office of every such Justice and Judge shall
become vacant on the expiration of the term during which [when] the
incumbent reaches the age of seventy-five (75) years or such
earlier age, not less than seventy (70) years, as the Legislature
may prescribe, except that if a Justice or Judge elected to serve or
fill the remainder of a six-year term reaches the age of
seventy-five (75) years during the first four years of the term, the
office of that Justice or Judge shall become vacant on December 31
of the fourth year of the term to which the Justice or Judge was
elected.
       SECTION 2.  This proposed constitutional amendment shall be
submitted to the voters at an election to be held November 6, 2007.
The ballot shall be printed to permit voting for or against the
proposition: "The constitutional amendment permitting a justice or
judge who reaches the mandatory retirement age while in office to
serve the remainder of the justice's or judge's current term."
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