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A JOINT RESOLUTION
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proposing a constitutional amendment regarding the composition of |
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the State Commission on Judicial Conduct. |
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BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1-a(2) and Section 1-a(5), Article V, |
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Texas Constitution, is amended to read as follows: |
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(2) The State Commission on Judicial Conduct consists |
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of thirteen (13) members, to wit: (i) one (1) Justice of a Court of |
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Appeals; (ii) one (1) District Judge; (iii) [two (2) members of the |
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State Bar, who have respectively practiced as such for over ten (10) |
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consecutive years next preceding their selection;] [(iv)] seven (7) |
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[five (5)] citizens, at least thirty (30) years of age, not |
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[licensed to practice law nor] holding any salaried public office |
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or employment; (iv) [(v)] one (1) Justice of the Peace; (v) [(vi)] |
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one (1) Judge of a Municipal Court; (vi) [(vii)] one (1) Judge of a |
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County Court at Law; and (vii) [(viii)] one (1) Judge of a |
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Constitutional County Court; provided that no person shall be or |
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remain a member of the Commission, who does not maintain physical |
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residence within this State, or who shall have ceased to retain the |
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qualifications above specified for that person's respective class |
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of membership, and provided that a Commissioner of class (i), (ii), |
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[(iii),] (vi) [(vii)], or (vii) [(viii)] may not reside or hold a |
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judgeship in the same court of appeals district as another member of |
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the Commission. Commissioners of classes (i), (ii), (vii), and |
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(viii) above shall be chosen by the Supreme Court with advice and |
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consent of the Senate, [those of class (iii) by the Board of |
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Directors of the State Bar under regulations to be prescribed by the |
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Supreme Court with advice and consent of the Senate,] those of class |
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(iii) [(iv)] by appointment of the Governor with advice and consent |
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of the Senate, and the commissioners of classes (iv) and (v) [and |
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(vi)] by appointment of the Supreme Court as provided by law, with |
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the advice and consent of the Senate. |
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(5) The Commission may hold its meetings, hearings and |
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other proceedings at such times and places as it shall determine but |
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shall meet at Austin at least once each year. The governor [It] |
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shall annually select one of the Commission's [its] members as |
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Chairman. A quorum shall consist of seven (7) members. Proceedings |
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shall be by majority vote of those present, except that |
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recommendations for retirement, censure, suspension, or removal of |
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any person holding an office named in Paragraph A of Subsection (6) |
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of this Section shall be by affirmative vote of at least seven (7) |
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members. |
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SECTION 2. This proposed constitutional amendment shall be |
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submitted to the voters at an election to be held November 7, 2023. |
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The ballot shall be printed to permit voting for or against the |
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proposition: "The constitutional amendment regarding the |
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composition of the State Commission on Judicial Conduct and the |
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removal of justices and judges from office." |