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A JOINT RESOLUTION
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proposing a constitutional amendment to allow a visiting judge of a |
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district court to hold proceedings at the county seat of a county |
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other than the county in which a case is pending. |
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BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 7, Article V, Texas Constitution, is |
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amended to read as follows: |
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Sec. 7. (a) The State shall be divided into judicial |
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districts, with each district having one or more Judges as may be |
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provided by law or by this Constitution. |
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(b) Each district judge shall be elected by the qualified |
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voters at a General Election and shall be a citizen of the United |
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States and of this State, who: |
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(1) is licensed to practice law in this State and has |
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been a practicing lawyer or a Judge of a Court in this State, or both |
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combined, for four (4) years next preceding his election; |
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(2) [, who] has resided in the district in which he was |
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elected for two (2) years next preceding his election; |
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(3) [, and who] shall reside in his district during his |
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term of office and hold his office for the period of four (4) |
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years;[,] and |
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(4) [who] shall receive for his services an annual |
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salary to be fixed by the Legislature. |
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(c) The Court shall conduct its proceedings at the county |
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seat of the county in which the case is pending, except as provided |
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by Subsection (d) of this section and as otherwise provided by law. |
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He shall hold the regular terms of his Court at the County Seat of |
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each County in his district in such manner as may be prescribed by |
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law. The Legislature shall have power by General or Special Laws to |
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make such provisions concerning the terms or sessions of each Court |
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as it may deem necessary. |
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(d) A visiting judge for a district court may conduct |
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proceedings at the county seat of a county other than the county in |
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which a case is pending on the written agreement of all parties to |
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the case and on approval of the district judge for the district |
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court in which the case is pending. |
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(e) The Legislature shall also provide for the holding of |
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District Court when the Judge thereof is absent, or is from any |
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cause disabled or disqualified from presiding. |
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SECTION 2. This proposed constitutional amendment shall be |
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submitted to the voters at an election to be held November 6, 2007. |
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The ballot shall be printed to permit voting for or against the |
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proposition: "The constitutional amendment to allow a visiting |
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judge of a district court to hold proceedings at the county seat of |
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a county other than the county in which a case is pending on the |
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written agreement of all parties to the case and on approval of the |
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judge." |