Texas 2009 - 81st Regular

Texas House Bill HJR105 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R9134 YDB-D
2	2	By: Gattis H.J.R. No. 105
3	3
4	4
5	5	A JOINT RESOLUTION
6	6	proposing a constitutional amendment relating to requiring board
7	7	certification for appellate judges and justices.
8	8	BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 2, Article V, Texas Constitution, is
10	10	amended by amending Subsection (b) and adding Subsection (b-1) to
11	11	read as follows:
12	12	(b) No person shall be eligible to serve in the office of
13	13	Chief Justice or Justice of the Supreme Court unless the person:
14	14	(1) is licensed to practice law in this state;
15	15	(2) [and] is, at the time of election, a citizen of the
16	16	United States and of this state;
17	17	(3) [, and] has attained the age of thirty-five years;
18	18	(4) [, and] has been a practicing lawyer, or a lawyer
19	19	and judge of a court of record together, at least ten years; and
20	20	(5) is board certified in at least one practice area,
21	21	other than criminal law, recognized by the Texas Board of Legal
22	22	Specialization.
23	23	(b-1) Notwithstanding Subsection (b) of this section, a
24	24	person appointed or elected to serve as the Chief Justice or a
25	25	Justice of the Supreme Court before January 1, 2011, is not required
26	26	to comply with Subsection (b)(5) of this section to:
27	27	(1) continue to serve as the Chief Justice or a Justice
28	28	of the Supreme Court in the office to which the person was appointed
29	29	or elected before that date; or
30	30	(2) serve as the Chief Justice of the Supreme Court
31	31	immediately following service as a Justice of the Supreme Court in
32	32	the office to which the person was elected or appointed before that
33	33	date.
34	34	SECTION 2. Section 4, Article V, Texas Constitution, is
35	35	amended by amending Subsection (a) and adding Subsections (a-1) and
36	36	(a-2) to read as follows:
37	37	(a) The Court of Criminal Appeals shall consist of eight
38	38	Judges and one Presiding Judge. Except as provided by Subsection
39	39	(a-1) of this section, the [The] Judges shall have the same
40	40	qualifications and receive the same salaries as the Associate
41	41	Justices of the Supreme Court, and the Presiding Judge shall have
42	42	the same qualifications and receive the same salary as the Chief
43	43	Justice of the Supreme Court. The Presiding Judge and the Judges
44	44	shall be elected by the qualified voters of the state at a general
45	45	election and shall hold their offices for a term of six years.
46	46	(a-1) The Presiding Judge and the Judges shall be board
47	47	certified in criminal law by the Texas Board of Legal
48	48	Specialization. Section 2(b)(5), Article V, of this constitution
49	49	does not apply to the Presiding Judge and the Judges.
50	50	(a-2) Notwithstanding Subsection (a-1) of this section, a
51	51	person appointed or elected to serve as the Presiding Judge or a
52	52	Judge of the Court of Criminal Appeals before January 1, 2011, is
53	53	not required to comply with Subsection (a-1) of this section to:
54	54	(1) continue to serve as Presiding Judge or a Judge of
55	55	the Court of Criminal Appeals in the office to which the person was
56	56	appointed or elected before that date; or
57	57	(2) serve as Presiding Judge of the Court of Criminal
58	58	Appeals immediately following service as a Judge of the Court of
59	59	Criminal Appeals in the office to which the person was elected or
60	60	appointed before that date.
61	61	SECTION 3. Section 6, Article V, Texas Constitution, is
62	62	amended by amending Subsection (a) and adding Subsections (a-1) and
63	63	(a-2) to read as follows:
64	64	(a) The state shall be divided into courts of appeals
65	65	districts, with each district having a Chief Justice, two or more
66	66	other Justices, and such other officials as may be provided by law.
67	67	Except as provided by Subsection (a-1) of this section, the [The]
68	68	Justices shall have the qualifications prescribed for Justices of
69	69	the Supreme Court. The Court of Appeals may sit in sections as
70	70	authorized by law. The concurrence of a majority of the judges
71	71	sitting in a section is necessary to decide a case. Said Court of
72	72	Appeals shall have appellate jurisdiction co-extensive with the
73	73	limits of their respective districts, which shall extend to all
74	74	cases of which the District Courts or County Courts have original or
75	75	appellate jurisdiction, under such restrictions and regulations as
76	76	may be prescribed by law. Provided, that the decision of said
77	77	courts shall be conclusive on all questions of fact brought before
78	78	them on appeal or error. Said courts shall have such other
79	79	jurisdiction, original and appellate, as may be prescribed by law.
80	80	(a-1) The Justices must be board certified in at least one
81	81	area of practice recognized by the Texas Board of Legal
82	82	Specialization, which may be criminal law.
83	83	(a-2) Notwithstanding Subsection (a-1) of this section, a
84	84	person appointed or elected to serve as the Chief Justice or a
85	85	Justice of a Court of Appeals before January 1, 2011, is not
86	86	required to comply with Subsection (a-1) of this section to:
87	87	(1) continue to serve as the Chief Justice or a Justice
88	88	of a Court of Appeals in the office to which the person was
89	89	appointed or elected before that date; or
90	90	(2) serve as Chief Justice of a Court of Appeals
91	91	immediately following service as a Justice of that Court of Appeals
92	92	in the office to which the person was elected or appointed before
93	93	that date.
94	94	SECTION 4. The following temporary provision is added to
95	95	the Texas Constitution:
96	96	TEMPORARY PROVISION. (a) This temporary provision applies
97	97	to the constitutional amendment proposed by the 81st Legislature,
98	98	Regular Session, 2009, relating to requiring board certification
99	99	for appellate judges and justices.
100	100	(b) The amendments to Sections 2, 4, and 6, Article V, of
101	101	this constitution take effect January 1, 2011.
102	102	(c) This temporary provision expires January 1, 2012.
103	103	SECTION 5. This proposed constitutional amendment shall be
104	104	submitted to the voters at an election to be held November 3, 2009.
105	105	The ballot shall be printed to permit voting for or against the
106	106	proposition: "The constitutional amendment relating to requiring
107	107	board certification for appellate judges and justices."