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A BILL TO BE ENTITLED
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AN ACT
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relating to an interim study regarding the method by which certain |
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trial and appellate judges are selected. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. INTERIM COMMITTEE; STUDY. (a) The joint |
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interim committee on judicial selection is established to study and |
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review the method by which the following judges and justices are |
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selected for office in 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; and |
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(3) appellate justices and judges. |
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(b) The study 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; and |
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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. |
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(c) The joint interim committee shall be composed of six |
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senators appointed by the lieutenant governor and six members of |
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the house of representatives appointed by the speaker of the house |
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of representatives. |
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(d) The lieutenant governor and speaker of the house of |
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representatives shall each designate a co-chair from among the |
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committee members. |
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(e) The joint interim committee shall convene at the call of |
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one of the co-chairs. |
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(f) The joint interim committee has all other powers and |
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duties provided to a special or select committee by the rules of the |
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senate and house of representatives, by Subchapter B, Chapter 301, |
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Government Code, and by policies of the senate and house committees |
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on administration. |
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(g) Not later than December 31, 2020, the joint interim |
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committee shall report the committee's findings and |
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recommendations to the lieutenant governor, the speaker of the |
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house of representatives, and the governor. The committee shall |
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include in its recommendations specific constitutional and |
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statutory changes that appear necessary from the results of the |
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committee's study. |
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(h) From the contingent expense fund of the senate and the |
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contingent expense fund of the house of representatives equally, |
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the members of the joint interim committee shall be reimbursed for |
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expenses incurred in carrying out the provisions of this Act in |
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accordance with the senate and house of representatives rules of |
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procedure and the policies of the committees on administration. |
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Other necessary expenses of operation shall be paid from the |
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contingent expense fund of the senate and the contingent expense |
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fund of the house of representatives equally. |
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(i) The Texas Legislative Council shall provide legal and |
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policy research, bill drafting, and statistical analysis services |
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to the committee created under this section. |
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SECTION 2. ABOLITION OF COMMITTEE. The committee is |
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abolished and this Act expires January 17, 2021. |
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SECTION 3. 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. |