Texas 2009 - 81st Regular

Texas Senate Bill SJR23 Compare Versions

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

Old	New	Differences
1	1	81R6449 JRH-D
2	2	By: Duncan S.J.R. No. 23
3	3
4	4
5	5	A JOINT RESOLUTION
6	6	proposing a constitutional amendment for filling vacancies in
7	7	appellate judicial offices by appointment and for nonpartisan
8	8	retention elections for those offices.
9	9	BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 2, Article V, Texas Constitution, is
11	11	amended by amending Subsections (b) and (c) and adding Subsection
12	12	(d) to read as follows:
13	13	(b) No person shall be eligible to serve in the office of
14	14	Chief Justice or Justice of the Supreme Court unless the person is
15	15	licensed to practice law in this state and is, at the time of
16	16	election or appointment, a citizen of the United States and of this
17	17	state, and has attained the age of thirty-five years, and has been a
18	18	practicing lawyer, or a lawyer and judge of a court of record
19	19	together at least ten years.
20	20	(c) On appointment to a vacancy, a Chief Justice or Justice
21	21	serves an initial term that ends January 1 of the third odd-numbered
22	22	year that occurs after the Chief Justice or Justice takes the oath
23	23	of office. At the end of the appointed term and of each successive
24	24	term, the Chief Justice or Justice [Said Justices] shall be
25	25	subject, in the manner provided by law, to retention or rejection on
26	26	a nonpartisan ballot [elected (three of them each two years)] by the
27	27	qualified voters of the state at a general election and if
28	28	retained[;] shall hold office for a term of [their offices] six
29	29	years.
30	30	(d) The Chief Justice and Justices[; and] shall each receive
31	31	the [such] compensation [as shall be] provided by law.
32	32	SECTION 2. Subsection (a), Section 4, Article V, Texas
33	33	Constitution, is amended to read as follows:
34	34	(a) The Court of Criminal Appeals shall consist of eight
35	35	Judges and one Presiding Judge. The Judges shall have the same
36	36	qualifications and receive the same salaries as the Associate
37	37	Justices of the Supreme Court, and the Presiding Judge shall have
38	38	the same qualifications and receive the same salary as the Chief
39	39	Justice of the Supreme Court. On appointment to a vacancy, a
40	40	Presiding Judge or Judge serves an initial term that ends January 1
41	41	of the third odd-numbered year that occurs after the Presiding
42	42	Judge or Judge takes the oath of office. At the end of the appointed
43	43	term and of each successive term, the [The] Presiding Judge or Judge
44	44	[and the Judges] shall be subject, in the manner provided by law, to
45	45	retention or rejection on a nonpartisan ballot [elected] by the
46	46	qualified voters of the state at a general election and if retained
47	47	shall hold office [their offices] for a term of six years.
48	48	SECTION 3. Subsection (b), Section 6, Article V, Texas
49	49	Constitution, is amended to read as follows:
50	50	(b) Each of said Courts of Appeals shall hold its sessions
51	51	at a place in its district to be designated by the Legislature, and
52	52	at such time as may be prescribed by law. On appointment to a
53	53	vacancy, a Chief Justice or Justice serves an initial term that ends
54	54	January 1 of the third odd-numbered year that occurs after the Chief
55	55	Justice or Justice takes the oath of office. At the end of the
56	56	appointed term and of each successive term, the Chief Justice or
57	57	Justice [Said Justices] shall be subject, in the manner provided by
58	58	law, to retention or rejection on a nonpartisan ballot [elected] by
59	59	the qualified voters of their respective districts at a general
60	60	election and if retained shall hold office[,] for a term of six
61	61	years. The Chief Justice and Justices [and] shall receive for their
62	62	services the compensation [sum] provided by law.
63	63	SECTION 4. Section 28, Article V, Texas Constitution, is
64	64	amended to read as follows:
65	65	(a) A vacancy in the office of Chief Justice, Justice, or
66	66	Judge of the Supreme Court, the Court of Criminal Appeals, or the
67	67	Court of Appeals [, or the District Courts] shall be filled by the
68	68	Governor. In exercising its duty to provide advice and consent on
69	69	an appointment made by the Governor under Section 12, Article IV, of
70	70	this constitution, the senate by rule may provide for the
71	71	confirmation or rejection of a person appointed to fill a vacancy
72	72	described by this subsection during a recess of the senate by a
73	73	two-thirds vote of the membership of a committee of the senate
74	74	designated for that purpose. Notwithstanding a temporary
75	75	confirmation as provided by this section, Section 12, Article IV,
76	76	of this constitution applies to the appointee when the senate next
77	77	convenes.
78	78	(b) A vacancy in the District Courts shall be filled by the
79	79	Governor until the next succeeding General Election for state
80	80	officers, and at that election the voters shall fill the vacancy for
81	81	the unexpired term.
82	82	(c) [(b)] A vacancy in the office of County Judge or Justice
83	83	of the Peace shall be filled by the Commissioners Court until the
84	84	next succeeding General Election.
85	85	SECTION 5. The following temporary provision is added to
86	86	the Texas Constitution:
87	87	TEMPORARY PROVISION. (a) This temporary provision applies
88	88	to the constitutional amendment proposed by the 81st Legislature,
89	89	Regular Session, 2009, providing for appointment to fill vacancies
90	90	in appellate judicial offices and for nonpartisan retention
91	91	elections for those offices.
92	92	(b) The constitutional amendment takes effect January 1,
93	93	2010.
94	94	(c) This temporary provision expires January 2, 2010.
95	95	SECTION 6. This proposed constitutional amendment shall be
96	96	submitted to the voters at an election to be held November 3, 2009.
97	97	The ballot shall be printed to provide for voting for or against the
98	98	proposition: "The constitutional amendment providing for
99	99	appointment to fill vacancies in the offices of the justices and
100	100	judges of the appellate courts and for nonpartisan retention
101	101	elections for those offices."