Texas 2009 - 81st Regular

Texas House Bill HJR138 Compare Versions

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

Old	New	Differences
1	1	By: Villarreal H.J.R. No. 138
2	2
3	3
4	4	A JOINT RESOLUTION
5	5	proposing a constitutional amendment for filling vacancies in the
6	6	offices of justices of the supreme court, judges of the court of
7	7	criminal appeals, and district judges by appointment.
8	8	BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Sections 2, 4, and 7, Article V, Texas
10	10	Constitution, are amended to read as follows:
11	11	Sec. 2. (a) The Supreme Court shall consist of the Chief
12	12	Justice and eight Justices, any five of whom shall constitute a
13	13	quorum, and the concurrence of five shall be necessary to a decision
14	14	of a case; provided, that when the business of the court may
15	15	require, the court may sit in sections as designated by the court to
16	16	hear argument of causes and to consider applications for writs of
17	17	error or other preliminary matters.
18	18	(b) No person shall be eligible to serve in the office of
19	19	Chief Justice or Justice of the Supreme Court unless the person is
20	20	licensed to practice law in this state and is, at the time of
21	21	appointment [election], a citizen of the United States and of this
22	22	state, and has attained the age of thirty-five years, and has been a
23	23	practicing lawyer, or a lawyer and judge of a court of record
24	24	together at least ten years.
25	25	(c) Said Chief Justice and Justices shall be appointed by
26	26	the governor, subject to confirmation by the Senate and by the
27	27	House, for a term of [elected (three of them each two years) by the
28	28	qualified voters of the state at a general election; shall hold
29	29	their offices] six years; or until their successors are sworn. On
30	30	appointment to a vacancy, a Chief Justice or Justice serves an
31	31	initial term that ends January 31 of the odd-numbered year that
32	32	occurs after the Chief Justice or Justice takes the oath of office.
33	33	(d) The Chief Justice and Justices [elected and qualified;
34	34	and] shall each receive such compensation as shall be provided by
35	35	law. [In case of a vacancy in the office of the Chief Justice or any
36	36	Justice of the Supreme Court, the Governor shall fill the vacancy
37	37	until the next general election for state officers, and at such
38	38	general election the vacancy for the unexpired term shall be filled
39	39	by election by the qualified voters of the state.] The Justices of
40	40	the Supreme Court who may be in office at the time this amendment
41	41	takes effect shall continue in office until the expiration of their
42	42	term of office under the present Constitution, and until their
43	43	successors are appointed by the governor and confirmed by the
44	44	Senate and by the House [elected and qualified].
45	45	Sec. 4. (a) The Court of Criminal Appeals shall consist
46	46	of eight Judges and one Presiding Judge.
47	47	(b) The Judges shall have the same qualifications and
48	48	receive the same salaries as the [Associate] Justices of the
49	49	Supreme Court, and the Presiding Judge shall have the same
50	50	qualifications and receive the same salary as the Chief Justice of
51	51	the Supreme Court.
52	52	(c) The Presiding Judge and the Judges shall be appointed by
53	53	the governor, subject to confirmation by the Senate and by the
54	54	House, [elected by the qualified voters of the state at a general
55	55	election and shall hold their offices] for a term of six years. On
56	56	appointment to a vacancy, a Presiding Judge or Judge serves an
57	57	initial term that ends January 31 of the odd-numbered year that
58	58	occurs after the Presiding Judge or Judge takes the oath of office
59	59	[In case of a vacancy in the office of a Judge of the Court of
60	60	Criminal Appeals, the Governor shall, with the advice and consent
61	61	of the Senate, fill said vacancy by appointment until the next
62	62	succeeding general election].
63	63	(d) For the purpose of hearing cases, the Court of Criminal
64	64	Appeals may sit in panels of three Judges, the designation thereof
65	65	to be under rules established by the court. In a panel of three
66	66	Judges, two Judges shall constitute a quorum and the concurrence of
67	67	two Judges shall be necessary for a decision. The Presiding Judge,
68	68	under rules established by the court, shall convene the court en
69	69	banc for the transaction of all other business and may convene the
70	70	court en banc for the purpose of hearing cases. The court must sit
71	71	en banc during proceedings involving capital punishment and other
72	72	cases as required by law. When convened en banc, five Judges shall
73	73	constitute a quorum and the concurrence of five Judges shall be
74	74	necessary for a decision. The Court of Criminal Appeals may appoint
75	75	Commissioners in aid of the Court of Criminal Appeals as provided by
76	76	law.
77	77	Sec. 7. The State shall be divided into judicial districts,
78	78	with each district having one or more Judges as may be provided by
79	79	law or by this Constitution. Each district judge shall be appointed
80	80	by the governor, subject to the advice and consent of the Senate and
81	81	of the House, [elected by the qualified voters at a General
82	82	Election] and shall be a citizen of the United States and of this
83	83	State, who is licensed to practice law in this State and has been a
84	84	practicing lawyer or a Judge of a Court in this State, or both
85	85	combined, for four (4) years next preceding the appointment [his
86	86	election], who has resided in the district [in which he was elected]
87	87	for two (2) years next preceding the appointment [his election],
88	88	and who shall reside in his district during his term of office and
89	89	hold his office for the period of four (4) years, and who shall
90	90	receive for his services an annual salary to be fixed by the
91	91	Legislature. The Court shall conduct its proceedings at the county
92	92	seat of the county in which the case is pending, except as otherwise
93	93	provided by law. He shall hold the regular terms of his Court at the
94	94	County Seat of each County in his district in such manner as may be
95	95	prescribed by law. The Legislature shall have power by General or
96	96	Special Laws to make such provisions concerning the terms or
97	97	sessions of each Court as it may deem necessary.
98	98	SECTION 2. The following temporary provision is added to
99	99	the Texas Constitution:
100	100	TEMPORARY PROVISION. (a) This temporary provision applies
101	101	to the constitutional amendment proposed by the 81st Legislature,
102	102	Regular Session, 2009, providing for appointment to fill vacancies
103	103	in appellate judicial offices and for nonpartisan retention
104	104	elections for those offices.
105	105	(b) The constitutional amendment takes effect January 1,
106	106	2010.
107	107	(c) This temporary provision expires January 2, 2010.
108	108	SECTION 3. This proposed constitutional amendment shall be
109	109	submitted to the voters at an election to be held November 3, 2009.
110	110	The ballot shall be printed to permit voting for or against the
111	111	proposition: "The constitutional amendment providing for
112	112	appointment to fill vacancies in the offices of the justices of the
113	113	supreme court and judges of the court of criminal appeals and courts
114	114	of appeals, and the judges of the district courts."