By: Villarreal H.J.R. No. 138

A JOINT RESOLUTION

proposing a constitutional amendment for filling vacancies in the offices of justices of the supreme court, judges of the court of criminal appeals, and district judges by appointment.

BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Sections 2, 4, and 7, Article V, Texas Constitution, are amended to read as follows:

Sec. 2. (a) The Supreme Court shall consist of the Chief Justice and eight Justices, any five of whom shall constitute a quorum, and the concurrence of five shall be necessary to a decision of a case; provided, that when the business of the court may require, the court may sit in sections as designated by the court to hear argument of causes and to consider applications for writs of error or other preliminary matters.

(b) No person shall be eligible to serve in the office of Chief Justice or Justice of the Supreme Court unless the person is licensed to practice law in this state and is, at the time of appointment [election], a citizen of the United States and of this state, and has attained the age of thirty-five years, and has been a practicing lawyer, or a lawyer and judge of a court of record together at least ten years.

(c) Said Chief Justice and Justices shall be appointed by the governor, subject to confirmation by the Senate and by the House, for a term of [elected (three of them each two years) by the qualified voters of the state at a general election; shall hold their offices] six years; or until their successors are sworn. On appointment to a vacancy, a Chief Justice or Justice serves an initial term that ends January 31 of the odd-numbered year that occurs after the Chief Justice or Justice takes the oath of office.

(d) The Chief Justice and Justices [elected and qualified; and] shall each receive such compensation as shall be provided by law. [In case of a vacancy in the office of the Chief Justice or any Justice of the Supreme Court, the Governor shall fill the vacancy until the next general election for state officers, and at such general election the vacancy for the unexpired term shall be filled by election by the qualified voters of the state.] The Justices of the Supreme Court who may be in office at the time this amendment takes effect shall continue in office until the expiration of their term of office under the present Constitution, and until their successors are appointed by the governor and confirmed by the Senate and by the House [elected and qualified].

Sec. 4. (a) The Court of Criminal Appeals shall consist of eight Judges and one Presiding Judge.

(b) The Judges shall have the same qualifications and receive the same salaries as the [Associate] Justices of the Supreme Court, and the Presiding Judge shall have the same qualifications and receive the same salary as the Chief Justice of the Supreme Court.

(c) The Presiding Judge and the Judges shall be appointed by the governor, subject to confirmation by the Senate and by the House, [elected by the qualified voters of the state at a general election and shall hold their offices] for a term of six years. On appointment to a vacancy, a Presiding Judge or Judge serves an initial term that ends January 31 of the odd-numbered year that occurs after the Presiding Judge or Judge takes the oath of office [In case of a vacancy in the office of a Judge of the Court of Criminal Appeals, the Governor shall, with the advice and consent of the Senate, fill said vacancy by appointment until the next succeeding general election].

(d) For the purpose of hearing cases, the Court of Criminal Appeals may sit in panels of three Judges, the designation thereof to be under rules established by the court. In a panel of three Judges, two Judges shall constitute a quorum and the concurrence of two Judges shall be necessary for a decision. The Presiding Judge, under rules established by the court, shall convene the court en banc for the transaction of all other business and may convene the court en banc for the purpose of hearing cases. The court must sit en banc during proceedings involving capital punishment and other cases as required by law. When convened en banc, five Judges shall constitute a quorum and the concurrence of five Judges shall be necessary for a decision. The Court of Criminal Appeals may appoint Commissioners in aid of the Court of Criminal Appeals as provided by law.

Sec. 7. The State shall be divided into judicial districts, with each district having one or more Judges as may be provided by law or by this Constitution. Each district judge shall be appointed by the governor, subject to the advice and consent of the Senate and of the House, [elected by the qualified voters at a General Election] and shall be a citizen of the United States and of this State, who is licensed to practice law in this State and has been a practicing lawyer or a Judge of a Court in this State, or both combined, for four (4) years next preceding the appointment [his election], who has resided in the district [in which he was elected] for two (2) years next preceding the appointment [his election], and who shall reside in his district during his term of office and hold his office for the period of four (4) years, and who shall receive for his services an annual salary to be fixed by the Legislature. The Court shall conduct its proceedings at the county seat of the county in which the case is pending, except as otherwise provided by law. He shall hold the regular terms of his Court at the County Seat of each County in his district in such manner as may be prescribed by law. The Legislature shall have power by General or Special Laws to make such provisions concerning the terms or sessions of each Court as it may deem necessary.

SECTION 2. The following temporary provision is added to the Texas Constitution:

TEMPORARY PROVISION. (a) This temporary provision applies to the constitutional amendment proposed by the 81st Legislature, Regular Session, 2009, providing for appointment to fill vacancies in appellate judicial offices and for nonpartisan retention elections for those offices.

(b) The constitutional amendment takes effect January 1, 2010.

(c) This temporary provision expires January 2, 2010.

SECTION 3. This proposed constitutional amendment shall be submitted to the voters at an election to be held November 3, 2009. The ballot shall be printed to permit voting for or against the proposition: "The constitutional amendment providing for appointment to fill vacancies in the offices of the justices of the supreme court and judges of the court of criminal appeals and courts of appeals, and the judges of the district courts."