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A JOINT RESOLUTION
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proposing a constitutional amendment changing the eligibility |
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requirements for certain judicial offices. |
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BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2(b), Article V, Texas Constitution, is |
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amended to read as follows: |
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(b) No person shall be eligible to serve in the office of |
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Chief Justice or Justice of the Supreme Court unless the person is |
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licensed to practice law in the State of Texas [this state] and is, |
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at the time of election, a citizen of the United States and of the |
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State of Texas [this state], and has attained the age of thirty-five |
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years, and has been a practicing lawyer licensed in the State of |
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Texas for at least ten years, or has been a practicing lawyer |
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licensed in the State of Texas and judge of a state court or county |
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court established by the Legislature by statute for a combined |
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total of [court of record together] at least ten years, during which |
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time the person's license to practice law has not been revoked, |
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suspended, or subject to a probated suspension. |
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SECTION 2. Section 7, Article V, Texas Constitution, is |
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amended to read as follows: |
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Sec. 7. The State shall be divided into judicial districts, |
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with each district having one or more Judges as may be provided by |
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law or by this Constitution. Each district judge shall be elected |
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by the qualified voters at a General Election and shall be a citizen |
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of the United States and of this State, who is licensed to practice |
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law in this State and has been a practicing lawyer or a Judge of a |
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Court in this State, or both combined, for six [four (4)] years next |
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preceding the judge's [his] election, during which time the judge's |
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license to practice law has not been revoked, suspended, or subject |
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to a probated suspension, who has resided in the district in which |
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the judge [he] was elected for two [(2)] years next preceding the |
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[his] election, and who shall reside in the [his] district during |
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the judge's [his] term of office and hold the [his] office for the |
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period of four [(4)] years, and who shall receive for the judge's |
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[his] services an annual salary to be fixed by the Legislature. The |
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Court shall conduct its proceedings at the county seat of the county |
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in which the case is pending, except as otherwise provided by law. |
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The judge [He] shall hold the regular terms of the judge's [his] |
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Court at the County Seat of each County in the [his] district in |
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such manner as may be prescribed by law. The Legislature shall have |
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power by General or Special Laws to make such provisions concerning |
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the terms or sessions of each Court as it may deem necessary. |
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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 3. The following temporary provision is added to |
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the Texas Constitution: |
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TEMPORARY PROVISION. (a) This temporary provision applies |
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to the constitutional amendment proposed by the 85th Legislature, |
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Regular Session, 2017, changing the eligibility requirements for a |
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justice of the supreme court, a judge of the court of criminal |
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appeals, a justice of a court of appeals, and a district judge. |
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(b) The amendment to Section 2(b), Article V, of this |
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constitution takes effect January 1, 2018, and applies only to a |
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chief justice or other justice of the supreme court, a presiding |
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judge or other judge of the court of criminal appeals, or a chief |
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justice or other justice of a court of appeals who is first elected |
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for a term that begins on or after January 1, 2021, or who is |
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appointed on or after that date. |
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(c) The amendment to Section 7, Article V, of this |
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constitution takes effect January 1, 2018, and applies only to a |
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district judge who is first elected for a term that begins on or |
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after January 1, 2021, or who is appointed on or after that date. |
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(d) This temporary provision expires January 1, 2022. |
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SECTION 4. This proposed constitutional amendment shall be |
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submitted to the voters at an election to be held November 7, 2017. |
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The ballot shall be printed to provide for voting for or against the |
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proposition: "The constitutional amendment changing the |
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eligibility requirements for a justice of the supreme court, a |
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judge of the court of criminal appeals, a justice of a court of |
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appeals, and a district judge." |