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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: |
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(1) is licensed to practice law in the State of Texas; |
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(2) [this state and] is, at the time of election, a |
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citizen of the United States and a resident of the State of Texas; |
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(3) [this state, and] has attained the age of |
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thirty-five years; |
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(4) [, and] has been either: |
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(A) a practicing lawyer licensed in the State of |
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Texas for at least ten years;[,] or |
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(B) a practicing lawyer licensed in the State of |
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Texas and judge of a state court or county court established by the |
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Legislature by statute for a combined total of [court of record |
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together] at least ten years; and |
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(5) during the time required by Subdivision (4) of |
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this subsection has not had the person's license to practice law |
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revoked, 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. (a) The State shall be divided into judicial |
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districts, with each district having one or more Judges as may be |
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provided by law or by this Constitution. |
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(b) Each district judge shall be elected by the qualified |
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voters at a General Election. To be eligible for appointment or |
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election as a district judge, a person must: |
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(1) [and shall] be a citizen of the United States and a |
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resident of this State; |
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(2) be[, who is] licensed to practice law in this |
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State; |
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(3) have [and has] been a practicing lawyer or a Judge |
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of a Court in this State, or both combined, for eight [four (4)] |
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years next preceding the judge's [his] election, during which time |
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the judge's license to practice law has not been revoked, |
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suspended, or subject to a probated suspension; |
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(4) have [who has] resided in the district in which the |
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judge [he] was elected for two [(2)] years next preceding the [his] |
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election;[,] and |
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(5) [who shall] reside in the [his] district during |
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the judge's [his] term of office. |
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(c) A district judge shall [and] hold the [his] office for |
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the term [period] of four [(4)] years[,] and [who] shall receive for |
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the judge's [his] services an annual salary to be fixed by the |
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Legislature. |
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(d) A District [The] Court shall conduct its proceedings at |
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the county seat of the county in which the case is pending, except |
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as otherwise provided by law. The Court [He] shall hold the regular |
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terms [of his Court] at the County Seat of each County in the |
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Court's [his] district in such manner as may be prescribed by law. |
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The Legislature shall have power by General or Special Laws to make |
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such provisions concerning the terms or sessions of each District |
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Court as it may deem necessary. |
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(e) 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 87th Legislature, |
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Regular Session, 2021, 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, 2022, 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, 2025, 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, 2022, 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, 2025, or who is appointed on or after that date. |
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(d) This temporary provision expires January 1, 2026. |
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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 2, 2021. |
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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." |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.J.R. No. 47 was adopted by the Senate |
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on April 27, 2021, by the following vote: Yeas 30, Nays 1. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.J.R. No. 47 was adopted by the House |
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on May 18, 2021, by the following vote: Yeas 120, Nays 19, one |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Received: |
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______________________________ |
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Date |
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______________________________ |
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Secretary of State |