SECTION 6. The following
temporary provision is added to the Texas Constitution:
TEMPORARY PROVISION. (a)
This temporary provision applies to the constitutional amendment proposed
by the 85th Legislature, Regular Session, 2017, changing the eligibility
requirements for a justice of the supreme court, a judge of the court of
criminal appeals, and a justice of a court of appeals and changing the terms of office of those
justices and judges and district judges.
(b) The amendment to
Section 2(b), Article V, of this constitution takes effect January 1, 2018,
and applies only to a chief justice or other justice of the supreme court
who is elected for a term
that begins on or after that date, or who is appointed on or after that
date.
(c) The amendment to Section 2(c), Article V, of this
constitution takes effect January 1, 2018, and applies only to the term of
a chief justice or justice of the supreme court that begins on the
expiration of the term the length of which is prescribed by the
subdivisions of this subsection. The term of a chief justice or justice of
the supreme court who was elected or appointed before January 1, 2018,
expires, unless the justice is otherwise removed as provided by law, at the
end of the term to which the justice was elected or appointed. On the
expiration of that term, the length of the next elected term for the chief
justice or justice, unless otherwise removed as provided by law, is as
follows:
(1) the three persons serving as justices of the supreme court
whose terms to which the persons were elected or appointed expire on
December 31, 2018, shall draw lots to determine the two of their places on
the court for which justices will be elected at the general election for
state officers held in 2018 to serve six-year terms and the one of their
places on the court for which a justice will be elected at the general
election for state officers held in 2018 to serve an eight-year term;
(2) the person elected to serve as chief justice of the supreme
court at the general election for state officers held in 2020 will serve an
eight-year term;
(3) the other two persons serving as justices of the supreme
court whose terms to which the persons were elected or appointed expire on
December 31, 2020, shall draw lots to determine the one of their places on
the court for which a justice will be elected at the general election for
state officers held in 2020 to serve a six-year term and the one of their
places on the court for which a justice will be elected at the general
election for state officers held in 2020 to serve an eight-year term; and
(4) the three persons serving as justices of the supreme court
whose terms to which the persons were elected or appointed expire on
December 31, 2022, shall draw lots to determine the one of their places on
the court for which a justice will be elected at the general election for
state officers held in 2022 to serve a six-year term and the two of their
places on the court for which justices will be elected at the general
election for state officers held in 2022 to serve an eight-year term.
(d) The amendment to Section 4(a), Article V, of this
constitution takes effect January 1, 2018, and applies only to the term of
a presiding judge or other judge of the court of criminal appeals that
begins on the expiration of the term the length of which is prescribed by
the subdivisions of this subsection. The term of a presiding judge or
other judge of the court of criminal appeals who was elected or appointed
before January 1, 2018, expires, unless the judge is otherwise removed as
provided by law, at the end of the term to which the judge was elected or
appointed. On the expiration of that term, the length of the next elected
term for the presiding judge or other judge, unless otherwise removed as
provided by law, is as follows:
(1) the person elected to serve as presiding judge of the court
of criminal appeals at the general election for state officers held in 2018
will serve an eight-year term;
(2) the other two persons elected to serve as judges of the
court of criminal appeals at the general election for state officers held
in 2018 will serve six-year terms;
(3) the three persons serving as judges of the court of
criminal appeals whose terms to which the persons were elected or appointed
expire on December 31, 2020, shall draw lots to determine the two of their
places on the court for which judges will be elected at the general
election for state officers held in 2020 to serve eight-year terms and the
one of their places on the court for which a judge will be elected at the
general election for state officers held in 2020 to serve a six-year term;
and
(4) the three persons serving as judges of the court of
criminal appeals whose terms to which the persons were elected or appointed
expire on December 31, 2022, shall draw lots to determine the two of their
places on the court for which judges will be elected at the general
election for state officers held in 2022 to serve eight-year terms and the
one of their places on the court for which a judge will be elected at the
general election for state officers held in 2022 to serve a six-year term.
(e) The amendment to Section 6(b), Article V, of this
constitution takes effect January 1, 2018, and applies only to the term of
a chief justice or other justice of a court of appeals that begins on the
expiration of the term the length of which is prescribed by the
subdivisions of this subsection. The term of a chief justice or other
justice of a court of appeals who was elected or appointed before January
1, 2018, expires, unless the justice is otherwise removed as provided by
law, at the end of the term to which the justice was elected or appointed.
On the expiration of that term, the length of the next elected term for the
chief justice or other justice, unless otherwise removed as provided by
law, is as follows:
(1) for the First Court of Appeals:
(A) the five persons serving as justices whose terms to which
the persons were elected or appointed expire on December 31, 2018, shall
draw lots to determine the two of their places on the court for which
justices will be elected at the general election for state officers held in
2018 to serve six-year terms and the three of their places on the court for
which justices will be elected at the general election for state officers
held in 2018 to serve eight-year terms;
(B) the persons elected to serve as justices at the general
election for state officers held in 2020 will serve eight-year terms;
(C) the person elected to serve as chief justice at the general
election for state officers held in 2022 will serve an eight-year term; and
(D) the other person elected to serve as a justice at the
general election for state officers held in 2022 will serve an eight-year
term;
(2) for the Second Court of Appeals:
(A) the person elected to serve as chief justice at the general
election for state officers held in 2018 will serve an eight-year term;
(B) the other three persons serving as justices whose terms to
which the persons were elected or appointed expire on December 31, 2018,
shall draw lots to determine the one of their places on the court for which
a justice will be elected at the general election for state officers held
in 2018 to serve an eight-year term and the two of their places on the
court for which justices will be elected at the general election for state
officers held in 2018 to serve six-year terms;
(C) the persons elected to serve as justices at the general
election for state officers held in 2020 will serve eight-year terms; and
(D) the person elected to serve as a justice at the general
election for state officers held in 2022 will serve an eight-year term;
(3) for the Third Court of Appeals:
(A) the four persons serving as justices whose terms to which
the persons were elected or appointed expire on December 31, 2018, shall
draw lots to determine the two of their places on the court for which
justices will be elected at the general election for state officers held in
2018 to serve six-year terms and the two of their places on the court for
which justices will be elected at the general election for state officers
held in 2018 to serve eight-year terms;
(B) the person elected to serve as chief justice at the general
election for state officers held in 2020 will serve an eight-year term; and
(C) the person elected to serve as a justice at the general
election for state officers held in 2022 will serve an eight-year term;
(4) for the Fourth Court of Appeals:
(A) the five persons serving as justices whose terms to which
the persons were elected or appointed expire on December 31, 2018, shall
draw lots to determine the two of their places on the court for which
justices will be elected at the general election for state officers held in
2018 to serve six-year terms and the three of their places on the court for
which justices will be elected at the general election for state officers
held in 2018 to serve eight-year terms;
(B) the person elected to serve as chief justice at the general
election for state officers held in 2020 will serve an eight-year term; and
(C) the person elected to serve as a justice at the general
election for state officers held in 2022 will serve an eight-year term;
(5) for the Fifth Court of Appeals:
(A) the person elected to serve as chief justice at the general
election for state officers held in 2018 will serve an eight-year term;
(B) the other seven persons serving as justices whose terms to
which the persons were elected or appointed expire on December 31, 2018,
shall draw lots to determine the four of their places on the court for
which justices will be elected at the general election for state officers
held in 2018 to serve six-year terms and the three of their places on the
court for which justices will be elected at the general election for state
officers held in 2018 to serve eight-year terms;
(C) the persons elected to serve as justices at the general
election for state officers held in 2020 will serve an eight-year term; and
(D) the persons elected to serve as justices at the general
election for state officers held in 2022 will serve eight-year terms;
(6) for the Sixth Court of Appeals:
(A) the person elected to serve as a justice at the general
election for state officers held in 2018 will serve an eight-year term;
(B) the person elected to serve as a justice at the general
election for state officers held in 2020 will serve an eight-year term; and
(C) the person elected to serve as chief justice at the general
election for state officers held in 2022 will serve an eight-year term;
(7) for the Seventh Court of Appeals:
(A) the two persons serving as justices whose terms to which
the persons were elected or appointed expire on December 31, 2018, shall
draw lots to determine the one of their places on the court for which a
justice will be elected at the general election for state officers held in
2018 to serve a six-year term and the one of their places on the court for
which a justice will be elected at the general election for state officers
held in 2018 to serve an eight-year term;
(B) the person elected to serve as chief justice at the general
election for state officers held in 2020 will serve an eight-year term; and
(C) the person elected to serve as a justice at the general
election for state officers held in 2022 will serve an eight-year term;
(8) for the Eighth Court of Appeals:
(A) the person elected to serve as a justice at the general
election for state officers held in 2018 will serve an eight-year term;
(B) the person elected to serve as a justice at the general
election for state officers held in 2022 will serve an eight-year term; and
(C) the person elected to serve as chief justice at the general
election for state officers held in 2020 will serve an eight-year term;
(9) for the Ninth Court of Appeals:
(A) the two persons serving as justices whose terms to which
the persons were elected or appointed expire on December 31, 2018, shall
draw lots to determine the one of their places on the court for which a
justice will be elected at the general election for state officers held in
2018 to serve a six-year term and the one of their places on the court for
which a justice will be elected at the general election for state officers
held in 2018 to serve an eight-year term;
(B) the person elected to serve as chief justice at the general
election for state officers held in 2020 will serve an eight-year term; and
(C) the person elected to serve as a justice at the general
election for state officers held in 2022 will serve an eight-year term;
(10) for the Tenth Court of Appeals:
(A) the person elected to serve as chief justice at the general
election for state officers held in 2018 will serve an eight-year term;
(B) the person elected to serve as a justice at the general
election for state officers held in 2020 will serve an eight-year term; and
(C) the person elected to serve as a justice at the general
election for state officers held in 2022 will serve an eight-year term;
(11) for the Eleventh Court of Appeals:
(A) the person elected to serve as chief justice at the general
election for state officers held in 2018 will serve an eight-year term;
(B) the person elected to serve as justice at the general
election for state officers held in 2020 will serve an eight-year term; and
(C) the person elected to serve as a justice at the general
election for state officers held in 2022 will serve an eight-year term;
(12) for the Twelfth Court of Appeals:
(A) the person elected to serve as a justice at the general
election for state officers held in 2018 will serve an eight-year term;
(B) the person elected to serve as chief justice at the general
election for state officers held in 2020 will serve an eight-year term; and
(C) the person elected to serve as a justice at the general
election for state officers held in 2022 will serve an eight-year term;
(13) for the Thirteenth Court of Appeals:
(A) the person elected to serve as chief justice at the general
election for state officers held in 2018 will serve an eight-year term;
(B) the other three persons serving as justices whose terms to
which the persons were elected or appointed expire on December 31, 2018,
shall draw lots to determine the two of their places on the court for which
justices will be elected at the general election for state officers held in
2018 to serve six-year terms and the one of their places on the court for
which a justice will be elected at the general election for state officers
held in 2018 to serve an eight-year term;
(C) the person elected to serve as a justice at the general
election for state officers held in 2020 will serve an eight-year term; and
(D) the person elected to serve as a justice at the general
election for state officers held in 2022 will serve an eight-year term; and
(14) for the Fourteenth Court of Appeals:
(A) the five persons serving as justices whose terms to which
the persons were elected or appointed expire on December 31, 2018, shall
draw lots to determine the two of their places on the court for which
justices will be elected at the general election for state officers held in
2018 to serve six-year terms and the three of their places on the court for
which justices will be elected at the general election for state officers
held in 2018 to serve eight-year terms;
(B) the person elected to serve as chief justice at the general
election for state officers held in 2020 will serve an eight-year term;
(C) the person elected to serve as justice at the general
election for state officers held in 2020 will serve an eight-year term; and
(D) the persons elected to serve as justices at the general
election for state officers held in 2022 will serve eight-year terms.
(f) The amendments to
Sections 7 and 28, Article V, of
this constitution take effect January 1, 2018. The amendment to Section 7
applies only to the term of a district
judge that begins on or after January 1, 2018. The term of a district judge who was elected
or appointed before January 1, 2018, expires, unless the judge is otherwise
removed as provided by law, at the end of the term to which the judge was
elected or appointed. On the expiration of that term, the length of the
next elected term for the judge of that district is six years.
(g) This temporary
provision expires January 1, 2032.
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