86R11364 TSS-D
 
  By: Hunter H.B. No. 3040
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to an interim study regarding the method by which certain
  trial and appellate judges are selected.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  INTERIM COMMITTEE; STUDY. (a) The joint
  interim committee on judicial selection is established to study and
  review the method by which the following judges and justices are
  selected for office in this state:
               (1)  statutory county court judges, including probate
  court judges;
               (2)  district judges; and
               (3)  appellate justices and judges.
         (b)  The study must consider:
               (1)  the fairness, effectiveness, and desirability of
  selecting a judicial officer described in Subsection (a) of this
  section through partisan elections;
               (2)  the fairness, effectiveness, and desirability of
  judicial selection methods proposed or adopted by other states; and
               (3)  the relative merits of alternative methods for
  selecting a judicial officer described in Subsection (a) of this
  section, including:
                     (A)  lifetime appointment;
                     (B)  appointment for a term;
                     (C)  appointment for a term, followed by a
  partisan election;
                     (D)  appointment for a term, followed by a
  nonpartisan election;
                     (E)  appointment for a term, followed by a
  nonpartisan retention election;
                     (F)  partisan election for an open seat, followed
  by a nonpartisan retention election for incumbents; and
                     (G)  any other method or combination of methods
  for selecting a judicial officer described in Subsection (a) of
  this section.
         (c)  The joint interim committee shall be composed of six
  senators appointed by the lieutenant governor and six members of
  the house of representatives appointed by the speaker of the house
  of representatives.
         (d)  The lieutenant governor and speaker of the house of
  representatives shall each designate a co-chair from among the
  committee members.
         (e)  The joint interim committee shall convene at the call of
  one of the co-chairs.
         (f)  The joint interim committee has all other powers and
  duties provided to a special or select committee by the rules of the
  senate and house of representatives, by Subchapter B, Chapter 301,
  Government Code, and by policies of the senate and house committees
  on administration.
         (g)  Not later than December 31, 2020, the joint interim
  committee shall report the committee's findings and
  recommendations to the lieutenant governor, the speaker of the
  house of representatives, and the governor. The committee shall
  include in its recommendations specific constitutional and
  statutory changes that appear necessary from the results of the
  committee's study.
         (h)  From the contingent expense fund of the senate and the
  contingent expense fund of the house of representatives equally,
  the members of the joint interim committee shall be reimbursed for
  expenses incurred in carrying out the provisions of this Act in
  accordance with the senate and house of representatives rules of
  procedure and the policies of the committees on administration.
  Other necessary expenses of operation shall be paid from the
  contingent expense fund of the senate and the contingent expense
  fund of the house of representatives equally.
         (i)  The Texas Legislative Council shall provide legal and
  policy research, bill drafting, and statistical analysis services
  to the committee created under this section.
         SECTION 2.  ABOLITION OF COMMITTEE. The committee is
  abolished and this Act expires January 17, 2021.
         SECTION 3.  EFFECTIVE DATE. This Act takes effect
  immediately if it receives a vote of two-thirds of all the members
  elected to each house, as provided by Section 39, Article III, Texas
  Constitution. If this Act does not receive the vote necessary for
  immediate effect, this Act takes effect September 1, 2019.