Texas 2009 - 81st Regular

Texas Senate Bill SJR44 Compare Versions

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1	1	By: Duncan S.J.R. No. 44
2	2	(In the Senate - Filed March 13, 2009; March 31, 2009, read
3	3	first time and referred to Committee on State Affairs;
4	4	April 17, 2009, reported favorably by the following vote: Yeas 5,
5	5	Nays 1; April 17, 2009, sent to printer.)
6	6
7	7
8	8	SENATE JOINT RESOLUTION
9	9	proposing a constitutional amendment for filling vacancies in
10	10	appellate judicial offices by appointment, for partisan elections
11	11	for all judicial offices, and for subsequent nonpartisan retention
12	12	elections for all judicial offices.
13	13	BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Section 2, Article V, Texas Constitution, is
15	15	amended by amending Subsections (b) and (c) and adding Subsection
16	16	(d) to read as follows:
17	17	(b) No person shall be eligible to serve in the office of
18	18	Chief Justice or Justice of the Supreme Court unless the person is
19	19	licensed to practice law in this state and is, at the time of
20	20	election or appointment, a citizen of the United States and of this
21	21	state, and has attained the age of thirty-five years, and has been a
22	22	practicing lawyer, or a lawyer and judge of a court of record
23	23	together at least ten years.
24	24	(c) A Chief Justice or Justice [Said Justices] shall be
25	25	subject, in the manner provided by law, to election on a partisan
26	26	ballot followed by retention or rejection on a nonpartisan ballot
27	27	[elected (three of them each two years)] by the qualified voters of
28	28	the state at a general election, and on election and on each
29	29	successive retention by the voters[;] shall hold office for a term
30	30	of [their offices] six years. On appointment to a vacancy, a Chief
31	31	Justice or Justice serves an initial term that ends January 1 of the
32	32	third odd-numbered year that occurs after the Chief Justice or
33	33	Justice takes the oath of office.
34	34	(d) The Chief Justice and Justices[; and] shall each receive
35	35	the [such] compensation [as shall be] provided by law.
36	36	SECTION 2. Subsection (a), Section 4, Article V, Texas
37	37	Constitution, is amended to read as follows:
38	38	(a) The Court of Criminal Appeals shall consist of eight
39	39	Judges and one Presiding Judge. 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. A [The] Presiding Judge or Judge [and
44	44	the Judges] shall be subject, in the manner provided by law, to
45	45	election on a partisan ballot followed by retention or rejection on
46	46	a nonpartisan ballot [elected] by the qualified voters of the state
47	47	at a general election, and on election and on each successive
48	48	retention by the voters shall hold office [their offices] for a term
49	49	of six years. On appointment to a vacancy, a Presiding Judge or
50	50	Judge serves an initial term that ends January 1 of the third
51	51	odd-numbered year that occurs after the Presiding Judge or Judge
52	52	takes the oath of office.
53	53	SECTION 3. Subsection (b), Section 6, Article V, Texas
54	54	Constitution, is amended to read as follows:
55	55	(b) Each of said Courts of Appeals shall hold its sessions
56	56	at a place in its district to be designated by the Legislature, and
57	57	at such time as may be prescribed by law. The Chief Justice or
58	58	Justice [Said Justices] shall be subject, in the manner provided by
59	59	law, to election on a partisan ballot followed by retention or
60	60	rejection on a nonpartisan ballot [elected] by the qualified voters
61	61	of their respective districts at a general election, and on
62	62	election and on each successive retention by the voters shall hold
63	63	office for a term of six years. The Chief Justice and Justices
64	64	[and] shall receive for their services the compensation [sum]
65	65	provided by law. On appointment to a vacancy, a Chief Justice or
66	66	Justice serves an initial term that ends January 1 of the third
67	67	odd-numbered year that occurs after the Chief Justice or Justice
68	68	takes the oath of office.
69	69	SECTION 4. Section 7, Article V, Texas Constitution, is
70	70	amended to read as follows:
71	71	Sec. 7. (a) The State shall be divided into judicial
72	72	districts, with each district having one or more Judges as may be
73	73	provided by law or by this Constitution.
74	74	(b) Each district judge shall be subject, in the manner
75	75	provided by law, to election [elected] by the qualified voters at a
76	76	General Election. At the end of the district judge's initial full
77	77	term to which the judge was elected and of each successive term, the
78	78	judge shall be subject, in the manner provided by law, to retention
79	79	or rejection on a nonpartisan ballot. On election and on each
80	80	successive retention by the voters, a district judge shall [and
81	81	shall be a citizen of the United States and of this State, who is
82	82	licensed to practice law in this State and has been a practicing
83	83	lawyer or a Judge of a Court in this State, or both combined, for
84	84	four (4) years next preceding his election, who has resided in the
85	85	district in which he was elected for two (2) years next preceding
86	86	his election, and who shall reside in his district during his term
87	87	of office and] hold [his] office for a term [the period] of four
88	88	[(4)] years. A district judge must reside in the district the judge
89	89	serves during the judge's term of office[,] and [who] shall receive
90	90	for the judge's [his] services an annual salary to be fixed by the
91	91	Legislature.
92	92	(c) A person is not eligible to serve as a district judge
93	93	unless the person is a citizen of the United States and of this
94	94	State, who is licensed to practice law in this State and has been a
95	95	practicing lawyer or a Judge of a Court in this State, or both
96	96	combined, for four years next preceding the person's election or
97	97	appointment, and who has resided in the district to which the person
98	98	was elected or appointed for two years next preceding the person's
99	99	election or appointment.
100	100	(d) The Court shall conduct its proceedings at the county
101	101	seat of the county in which the case is pending, except as otherwise
102	102	provided by law. A district judge [He] shall hold the regular terms
103	103	of the judge's [his] Court at the County Seat of each County in the
104	104	judge's [his] district in such manner as may be prescribed by law.
105	105	The Legislature shall have power by General or Special Laws to make
106	106	such provisions concerning the terms or sessions of each Court as it
107	107	may deem necessary.
108	108	(e) The Legislature shall also provide for the holding of
109	109	District Court when the Judge thereof is absent, or is from any
110	110	cause disabled or disqualified from presiding.
111	111	SECTION 5. Section 28, Article V, Texas Constitution, is
112	112	amended to read as follows:
113	113	Sec. 28. (a) A vacancy in the office of Chief Justice,
114	114	Justice, or Judge of the Supreme Court, the Court of Criminal
115	115	Appeals, or the Court of Appeals[, or the District Courts] shall be
116	116	filled by the Governor. In exercising its duty to provide advice
117	117	and consent on an appointment made by the Governor under Section 12,
118	118	Article IV, of this constitution, the senate by rule may provide for
119	119	the confirmation or rejection of a person appointed to fill a
120	120	vacancy described by this subsection during a recess of the senate
121	121	by a two-thirds vote of the membership of a committee of the senate
122	122	designated for that purpose. Notwithstanding a temporary
123	123	confirmation as provided by this section, Section 12, Article IV,
124	124	of this constitution applies to the appointee when the senate next
125	125	convenes.
126	126	(b) A vacancy in the District Courts shall be filled by the
127	127	Governor until the next succeeding General Election for state
128	128	officers, and at that election the voters shall fill the vacancy for
129	129	the unexpired term.
130	130	(c) [(b)] A vacancy in the office of County Judge or Justice
131	131	of the Peace shall be filled by the Commissioners Court until the
132	132	next succeeding General Election.
133	133	SECTION 6. The following temporary provision is added to
134	134	the Texas Constitution:
135	135	TEMPORARY PROVISION. (a) This temporary provision applies
136	136	to the constitutional amendment proposed by the 81st Legislature,
137	137	Regular Session, 2009, providing for appointment to fill vacancies
138	138	in appellate judicial offices, for partisan elections for all
139	139	judicial offices, and for subsequent nonpartisan retention
140	140	elections for all judicial offices.
141	141	(b) The constitutional amendment takes effect January 1,
142	142	2010.
143	143	(c) This temporary provision expires January 2, 2010.
144	144	SECTION 7. This proposed constitutional amendment shall be
145	145	submitted to the voters at an election to be held November 3, 2009.
146	146	The ballot shall be printed to provide for voting for or against the
147	147	proposition: "The constitutional amendment providing for
148	148	appointment to fill vacancies in the offices of the justices and
149	149	judges of the appellate courts, for partisan elections for all
150	150	judicial offices, and for subsequent nonpartisan retention
151	151	elections for all judicial offices."
152	152	* * * * *