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A BILL TO BE ENTITLED
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AN ACT
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relating to an interim study by the Texas Commission on Judicial |
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Selection regarding the method by which certain trial and appellate |
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judges are selected. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. COMMISSION; STUDY. (a) The Texas Commission on |
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Judicial Selection is established to study and review the method by |
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which the following judges and justices are selected for office in |
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this state: |
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(1) statutory county court judges, including probate |
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court judges; |
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(2) district judges; |
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(3) justices of the courts of appeals; |
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(4) judges of the court of criminal appeals; and |
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(5) justices of the supreme court. |
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(b) The study conducted under this section must consider: |
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(1) the fairness, effectiveness, and desirability of |
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selecting a judicial officer described in Subsection (a) of this |
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section through partisan elections; |
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(2) the fairness, effectiveness, and desirability of |
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judicial selection methods proposed or adopted by other states; |
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(3) the relative merits of alternative methods for |
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selecting a judicial officer described in Subsection (a) of this |
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section, including: |
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(A) lifetime appointment; |
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(B) appointment for a term; |
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(C) appointment for a term, followed by a |
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partisan election; |
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(D) appointment for a term, followed by a |
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nonpartisan election; |
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(E) appointment for a term, followed by a |
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nonpartisan retention election; |
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(F) partisan election for an open seat, followed |
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by a nonpartisan retention election for incumbents; and |
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(G) any other method or combination of methods |
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for selecting a judicial officer described in Subsection (a) of |
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this section; and |
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(4) the merits of using a public member board to |
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nominate or assess the qualifications of candidates for judicial |
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office. |
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(c) The Texas Commission on Judicial Selection consists of |
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15 members appointed as follows: |
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(1) four members appointed by the governor; |
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(2) four members appointed by the lieutenant governor, |
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including three senators, with at least: |
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(A) one senator who is a member of the political |
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party with which the lieutenant governor is affiliated; and |
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(B) one senator who is a member of a political |
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party other than the political party with which the lieutenant |
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governor is affiliated; |
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(3) four members appointed by the speaker of the house |
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of representatives, including three members of the house of |
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representatives, with at least: |
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(A) one representative who is a member of the |
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political party with which the speaker of the house is affiliated; |
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and |
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(B) one representative who is a member of a |
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political party other than the political party with which the |
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speaker of the house is affiliated; |
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(4) one member appointed by the chief justice of the |
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Supreme Court of Texas; |
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(5) one member appointed by the presiding judge of the |
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Texas Court of Criminal Appeals; and |
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(6) one member appointed by the board of directors of |
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the State Bar of Texas. |
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(d) The governor, lieutenant governor, and speaker of the |
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house of representatives shall coordinate to ensure that the |
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members appointed to the Texas Commission on Judicial Selection |
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reflect, to the extent practicable, the racial, ethnic, and |
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geographic diversity of this state and include individuals who are |
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attorneys and individuals who are not attorneys. |
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(e) The governor shall designate the presiding officer of |
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the Texas Commission on Judicial Selection. |
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(f) The Texas Commission on Judicial Selection shall |
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convene at the call of the presiding officer. |
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(g) A member of the Texas Commission on Judicial Selection |
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is not entitled to compensation but is entitled to reimbursement |
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for actual and necessary expenses incurred in serving as a member of |
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the commission. |
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(h) The Office of Court Administration of the Texas Judicial |
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System shall provide necessary administrative support to the Texas |
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Commission on Judicial Selection. |
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(i) Not later than December 31, 2020, the Texas Commission |
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on Judicial Selection shall submit to the governor and the |
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legislature a report on the commission's findings and |
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recommendations on a method or methods for selecting for office |
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judges listed in Subsection (a) of this section that ensure a fair, |
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impartial, qualified, competent, and stable judiciary. The |
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commission shall include in its recommendations specific |
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constitutional and statutory changes that appear necessary from the |
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results of the commission's study. |
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SECTION 2. ABOLITION OF COMMISSION. The Texas Commission |
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on Judicial Selection is abolished and this Act expires January 2, |
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2021. |
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SECTION 3. IMPLEMENTATION TRANSITION. The Office of Court |
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Administration of the Texas Judicial System is required to |
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implement a provision of this Act only if the legislature |
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appropriates money specifically for that purpose. If the |
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legislature does not appropriate money specifically for that |
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purpose, the Office of Court Administration of the Texas Judicial |
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System may, but is not required to, implement a provision of this |
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Act using other appropriations available for that purpose. |
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SECTION 4. EFFECTIVE DATE. This Act takes effect |
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immediately if it receives a vote of two-thirds of all the members |
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elected to each house, as provided by Section 39, Article III, Texas |
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Constitution. If this Act does not receive the vote necessary for |
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immediate effect, this Act takes effect September 1, 2019. |