By: Villarreal H.J.R. No. 138
A JOINT RESOLUTION
proposing a constitutional amendment for filling vacancies in the
offices of justices of the supreme court, judges of the court of
criminal appeals, and district judges by appointment.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 2, 4, and 7, Article V, Texas
Constitution, are amended to read as follows:
Sec. 2. (a) The Supreme Court shall consist of the Chief
Justice and eight Justices, any five of whom shall constitute a
quorum, and the concurrence of five shall be necessary to a decision
of a case; provided, that when the business of the court may
require, the court may sit in sections as designated by the court to
hear argument of causes and to consider applications for writs of
error or other preliminary matters.
(b) No person shall be eligible to serve in the office of
Chief Justice or Justice of the Supreme Court unless the person is
licensed to practice law in this state and is, at the time of
appointment [election], a citizen of the United States and of this
state, and has attained the age of thirty-five years, and has been a
practicing lawyer, or a lawyer and judge of a court of record
together at least ten years.
(c) Said Chief Justice and Justices shall be appointed by
the governor, subject to confirmation by the Senate and by the
House, for a term of [elected (three of them each two years) by the
qualified voters of the state at a general election; shall hold
their offices] six years; or until their successors are sworn. On
appointment to a vacancy, a Chief Justice or Justice serves an
initial term that ends January 31 of the odd-numbered year that
occurs after the Chief Justice or Justice takes the oath of office.
(d) The Chief Justice and Justices [elected and qualified;
and] shall each receive such compensation as shall be provided by
law. [In case of a vacancy in the office of the Chief Justice or any
Justice of the Supreme Court, the Governor shall fill the vacancy
until the next general election for state officers, and at such
general election the vacancy for the unexpired term shall be filled
by election by the qualified voters of the state.] The Justices of
the Supreme Court who may be in office at the time this amendment
takes effect shall continue in office until the expiration of their
term of office under the present Constitution, and until their
successors are appointed by the governor and confirmed by the
Senate and by the House [elected and qualified].
Sec. 4. (a) The Court of Criminal Appeals shall consist
of eight Judges and one Presiding Judge.
(b) The Judges shall have the same qualifications and
receive the same salaries as the [Associate] Justices of the
Supreme Court, and the Presiding Judge shall have the same
qualifications and receive the same salary as the Chief Justice of
the Supreme Court.
(c) The Presiding Judge and the Judges shall be appointed by
the governor, subject to confirmation by the Senate and by the
House, [elected by the qualified voters of the state at a general
election and shall hold their offices] for a term of six years. On
appointment to a vacancy, a Presiding Judge or Judge serves an
initial term that ends January 31 of the odd-numbered year that
occurs after the Presiding Judge or Judge takes the oath of office
[In case of a vacancy in the office of a Judge of the Court of
Criminal Appeals, the Governor shall, with the advice and consent
of the Senate, fill said vacancy by appointment until the next
succeeding general election].
(d) For the purpose of hearing cases, the Court of Criminal
Appeals may sit in panels of three Judges, the designation thereof
to be under rules established by the court. In a panel of three
Judges, two Judges shall constitute a quorum and the concurrence of
two Judges shall be necessary for a decision. The Presiding Judge,
under rules established by the court, shall convene the court en
banc for the transaction of all other business and may convene the
court en banc for the purpose of hearing cases. The court must sit
en banc during proceedings involving capital punishment and other
cases as required by law. When convened en banc, five Judges shall
constitute a quorum and the concurrence of five Judges shall be
necessary for a decision. The Court of Criminal Appeals may appoint
Commissioners in aid of the Court of Criminal Appeals as provided by
law.
Sec. 7. The State shall be divided into judicial districts,
with each district having one or more Judges as may be provided by
law or by this Constitution. Each district judge shall be appointed
by the governor, subject to the advice and consent of the Senate and
of the House, [elected by the qualified voters at a General
Election] and shall be a citizen of the United States and of this
State, who is licensed to practice law in this State and has been a
practicing lawyer or a Judge of a Court in this State, or both
combined, for four (4) years next preceding the appointment [his
election], who has resided in the district [in which he was elected]
for two (2) years next preceding the appointment [his election],
and who shall reside in his district during his term of office and
hold his office for the period of four (4) years, and who shall
receive for his services an annual salary to be fixed by the
Legislature. The Court shall conduct its proceedings at the county
seat of the county in which the case is pending, except as otherwise
provided by law. He shall hold the regular terms of his Court at the
County Seat of each County in his district in such manner as may be
prescribed by law. The Legislature shall have power by General or
Special Laws to make such provisions concerning the terms or
sessions of each Court as it may deem necessary.
SECTION 2. The following temporary provision is added to
the Texas Constitution:
TEMPORARY PROVISION. (a) This temporary provision applies
to the constitutional amendment proposed by the 81st Legislature,
Regular Session, 2009, providing for appointment to fill vacancies
in appellate judicial offices and for nonpartisan retention
elections for those offices.
(b) The constitutional amendment takes effect January 1,
2010.
(c) This temporary provision expires January 2, 2010.
SECTION 3. This proposed constitutional amendment shall be
submitted to the voters at an election to be held November 3, 2009.
The ballot shall be printed to permit voting for or against the
proposition: "The constitutional amendment providing for
appointment to fill vacancies in the offices of the justices of the
supreme court and judges of the court of criminal appeals and courts
of appeals, and the judges of the district courts."