By: Lewis H.J.R. No. 126
A JOINT RESOLUTION
proposing a constitutional amendment changing the eligibility
requirements for and changing the terms of office of certain
judicial offices.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 2(b) and (c), Article V, Texas
Constitution, are amended to read as follows:
(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 the [this] state of Texas and is, at the
time of election, a citizen of the United States and of the [this]
state of Texas, and has attained the age of thirty-five years, and
has been a practicing lawyer licensed in the state of Texas for at
least ten consecutive years, or has been a practicing lawyer
licensed in the state of Texas and judge of a state court or county
court established by the Legislature by statute for a combined
total of [court of record together] at least ten consecutive years,
during which time the person's license to practice law has not been
revoked, suspended, or subject to a probated suspension.
(c) Said Justices shall be elected [(three of them each two
years)] by the qualified voters of the state at a general election;
shall hold their offices for staggered terms of eight [six] years;
and shall each receive such compensation as shall be provided by
law.
SECTION 2. Section 4(a), Article V, Texas Constitution, is
amended to read as follows:
(a) The Court of Criminal Appeals shall consist of eight
Judges and one Presiding Judge. 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. The Presiding Judge and the Judges
shall be elected by the qualified voters of the state at a general
election and shall hold their offices for staggered terms [a term]
of eight [six] years.
SECTION 3. Section 6(b), Article V, Texas Constitution, is
amended to read as follows:
(b) Each of said Courts of Appeals shall hold its sessions
at a place in its district to be designated by the Legislature, and
at such time as may be prescribed by law. Said Justices shall be
elected by the qualified voters of their respective districts at a
general election, for staggered terms [a term] of eight [six] years
and shall receive for their services the sum provided by law.
SECTION 4. Section 7, Article V, Texas Constitution, is
amended to read as follows:
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 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 judge's [his] election, who has resided in the
district in which the judge [he] was elected for two (2) years next
preceding the [his] election, and who shall reside in the [his]
district during the judge's [his] term of office and hold the [his]
office for the period of six (6) [four (4)] years, and who shall
receive for the judge's [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. The judge [He] shall hold the regular
terms of the judge's [his] Court at the County Seat of each County
in the [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.
The Legislature shall also provide for the holding of
District Court when the Judge thereof is absent, or is from any
cause disabled or disqualified from presiding.
SECTION 5. Section 28, Article V, Texas Constitution, is
amended by amending Subsection (a) and adding Subsection (c) to
read as follows:
(a) A vacancy in the office of Chief Justice, Justice, or
Judge of the Supreme Court, the Court of Criminal Appeals, or the
Court of Appeals[, or the District Courts] shall be filled by the
Governor until the next succeeding General Election for state
officers, and at that election the voters shall fill the vacancy for
the unexpired term.
(c) A vacancy in the office of Judge of a District Court
shall be filled by the Governor until the next succeeding General
Election for state officers, and at that election the voters shall
fill the vacancy for a full term, as specified by Section 7, Article
V, of this constitution.
SECTION 6. The following temporary provision is added to
the Texas Constitution:
TEMPORARY PROVISION. (a) This temporary provision applies
to the constitutional amendment proposed by the 82nd Legislature,
Regular Session, 2011, changing the eligibility requirements for a
justice of the supreme court, a judge of the court of criminal
appeals, and a justice of a court of appeals and changing the terms
of office of those justices and judges and district judges.
(b) The amendment to Section 2(b), Article V, of this
constitution takes effect January 1, 2012, and applies only to a
chief justice or other justice of the supreme court, presiding
judge or other judge of the court of criminal appeals, or chief
justice or other justice of a court of appeals who is elected for a
term that begins on or after that date, or who is appointed on or
after that date.
(c) The amendment to Section 2(c), Article V, of this
constitution takes effect January 1, 2012, and applies only to the
term of a chief justice or justice of the supreme court that begins
on the expiration of the term the length of which is prescribed by
the subdivisions of this subsection. The term of a chief justice or
justice of the supreme court who was elected or appointed before
January 1, 2012, expires, unless the justice is otherwise removed
as provided by law, at the end of the term to which the justice was
elected or appointed. On the expiration of that term, the length of
the next elected term for the chief justice or justice, unless
otherwise removed as provided by law, is as follows:
(1) the three persons serving as justices of the
supreme court whose terms to which the persons were elected or
appointed expire on December 31, 2012, shall draw lots to determine
the two of their places on the court for which justices will be
elected at the general election for state officers held in 2012 to
serve six-year terms, and the one of their places on the court for
which a justice will be elected at the general election for state
officers held in 2012 to serve an eight-year term;
(2) the person elected to serve as chief justice of the
supreme court at the general election for state officers held in
2014 will serve an eight-year term;
(3) the other two persons serving as justices of the
supreme court whose terms to which the persons were elected or
appointed expire on December 31, 2014, shall draw lots to determine
the one of their places on the court for which a justice will be
elected at the general election for state officers held in 2014 to
serve a six-year term, and the one of their places on the court for
which a justice will be elected at the general election for state
officers held in 2014 to serve an eight-year term; and
(4) the persons elected to serve as justices of the
supreme court at the general election for state officers held in
2016 will serve eight-year terms.
(d) The amendment to Section 4(a), Article V, of this
constitution takes effect January 1, 2012, and applies only to the
term of a presiding judge or other judge of the court of criminal
appeals that begins on the expiration of the term the length of
which is prescribed by the subdivisions of this subsection. The
term of a presiding judge or other judge of the court of criminal
appeals who was elected or appointed before January 1, 2012,
expires, unless the judge is otherwise removed as provided by law,
at the end of the term to which the judge was elected or appointed.
On the expiration of that term, the length of the next elected term
for the presiding judge or other judge, unless otherwise removed as
provided by law, is as follows:
(1) the person elected to serve as presiding judge of
the court of criminal appeals at the general election for state
officers held in 2012 will serve an eight-year term;
(2) the other two persons elected to serve as judges of
the court of criminal appeals at the general election for state
officers held in 2012 will serve six-year terms;
(3) the three persons serving as judges of the court of
criminal appeals whose terms to which the persons were elected or
appointed expire on December 31, 2014, shall draw lots to determine
the two of their places on the court for which judges will be
elected at the general election for state officers held in 2014 to
serve eight-year terms, and the one of their places on the court for
which a judge will be elected at the general election for state
officers held in 2014 to serve a six-year term; and
(4) the persons elected to serve as judges of the court
of criminal appeals at the general election for state officers held
in 2016 will serve eight-year terms.
(e) The amendment to Section 6(b), Article V, of this
constitution takes effect January 1, 2012, and applies only to the
term of a chief justice or other justice of a court of appeals that
begins on the expiration of the term the length of which is
prescribed by the subdivisions of this subsection. The term of a
chief justice or other justice of a court of appeals who was elected
or appointed before January 1, 2012, expires, unless the justice is
otherwise removed as provided by law, at the end of the term to
which the justice was elected or appointed. On the expiration of
that term, the length of the next elected term for the chief justice
or other justice, unless otherwise removed as provided by law, is as
follows:
(1) for the First Court of Appeals:
(A) the five persons serving as justices whose
terms to which the persons were elected or appointed expire on
December 31, 2012, shall draw lots to determine the two of their
places on the court for which justices will be elected at the
general election for state officers held in 2012 to serve six-year
terms, and the three of their places on the court for which justices
will be elected at the general election for state officers held in
2012 to serve eight-year terms;
(B) the persons elected to serve as justices at
the general election for state officers held in 2014 will serve
eight-year terms;
(C) the person elected to serve as chief justice
at the general election for state officers held in 2016 will serve
an eight-year term; and
(D) the other person elected to serve as a
justice at the general election for state officers held in 2016 will
serve an eight-year term;
(2) for the Second Court of Appeals:
(A) the person elected to serve as chief justice
at the general election for state officers held in 2012 will serve
an eight-year term;
(B) the other three persons serving as justices
whose terms to which the persons were elected or appointed expire on
December 31, 2012, shall draw lots to determine the one of their
places on the court for which a justice will be elected at the
general election for state officers held in 2012 to serve an
eight-year term, and the two of their places on the court for which
justices will be elected at the general election for state officers
held in 2012 to serve six-year terms;
(C) the persons elected to serve as justices at
the general election for state officers held in 2014 will serve
eight-year terms; and
(D) the person elected to serve as justice at the
general election for state officers held in 2016 will serve an
eight-year term;
(3) for the Third Court of Appeals:
(A) the four persons serving as justices whose
terms to which the persons were elected or appointed expire on
December 31, 2012, shall draw lots to determine the two of their
places on the court for which justices will be elected at the
general election for state officers held in 2012 to serve six-year
terms, and the two of their places on the court for which justices
will be elected at the general election for state officers held in
2012 to serve eight-year terms;
(B) the person elected to serve as chief justice
at the general election for state officers held in 2014 will serve
an eight-year term; and
(C) the person elected to serve as justice at the
general election for state officers held in 2016 will serve an
eight-year term;
(4) for the Fourth Court of Appeals:
(A) the five persons serving as justices whose
terms to which the persons were elected or appointed expire on
December 31, 2012, shall draw lots to determine the two of their
places on the court for which justices will be elected at the
general election for state officers held in 2012 to serve six-year
terms, and the three of their places on the court for which justices
will be elected at the general election for state officers held in
2012 to serve eight-year terms;
(B) the person elected to serve as chief justice
at the general election for state officers held in 2014 will serve
an eight-year term; and
(C) the person elected to serve as justice at the
general election for state officers held in 2016 will serve an
eight-year term;
(5) for the Fifth Court of Appeals:
(A) the person elected to serve as chief justice
at the general election for state officers held in 2012 will serve
an eight-year term;
(B) the other seven persons serving as justices
whose terms to which the persons were elected or appointed expire on
December 31, 2012, shall draw lots to determine the four of their
places on the court for which justices will be elected at the
general election for state officers held in 2012 to serve six-year
terms, and the three of their places on the court for which justices
will be elected at the general election for state officers held in
2012 to serve eight-year terms;
(C) the persons elected to serve as justices at
the general election for state officers held in 2014 will serve an
eight-year term; and
(D) the persons elected to serve as justices at
the general election for state officers held in 2016 will serve
eight-year terms;
(6) for the Sixth Court of Appeals:
(A) the person elected to serve as a justice at
the general election for state officers held in 2012 will serve an
eight-year term;
(B) the person elected to serve as a justice at
the general election for state officers held in 2014 will serve an
eight-year term; and
(C) the person elected to serve as chief justice
at the general election for state officers held in 2016 will serve
an eight-year term;
(7) for the Seventh Court of Appeals:
(A) the two persons serving as justices whose
terms to which the persons were elected or appointed expire on
December 31, 2012, shall draw lots to determine the one of their
places on the court for which a justice will be elected at the
general election for state officers held in 2012 to serve a six-year
term, and the one of their places on the court for which a justice
will be elected at the general election for state officers held in
2012 to serve an eight-year term;
(B) the person elected to serve as chief justice
at the general election for state officers held in 2014 will serve
an eight-year term; and
(C) the person elected to serve as justice at the
general election for state officers held in 2016 will serve an
eight-year term;
(8) for the Eighth Court of Appeals:
(A) the two persons serving as justices whose
terms to which the persons were elected or appointed expire on
December 31, 2012, shall draw lots to determine the one of their
places on the court for which a justice will be elected at the
general election for state officers held in 2012 to serve a six-year
term, and the one of their places on the court for which a justice
will be elected at the general election for state officers held in
2012 to serve an eight-year term; and
(B) the person elected to serve as chief justice
at the general election for state officers held in 2014 will serve
an eight-year term;
(9) for the Ninth Court of Appeals:
(A) the two persons serving as justices whose
terms to which the persons were elected or appointed expire on
December 31, 2012, shall draw lots to determine the one of their
places on the court for which a justice will be elected at the
general election for state officers held in 2012 to serve a six-year
term, and the one of their places on the court for which a justice
will be elected at the general election for state officers held in
2012 to serve an eight-year term;
(B) the person elected to serve as chief justice
at the general election for state officers held in 2014 will serve
an eight-year term; and
(C) the person elected to serve as justice at the
general election for state officers held in 2016 will serve an
eight-year term;
(10) for the Tenth Court of Appeals:
(A) the person elected to serve as chief justice
at the general election for state officers held in 2012 will serve
an eight-year term;
(B) the person elected to serve as justice at the
general election for state officers held in 2014 will serve an
eight-year term; and
(C) the person elected to serve as justice at the
general election for state officers held in 2016 will serve an
eight-year term;
(11) for the Eleventh Court of Appeals:
(A) the person elected to serve as chief justice
at the general election for state officers held in 2012 will serve
an eight-year term;
(B) the person elected to serve as justice at the
general election for state officers held in 2014 will serve an
eight-year term; and
(C) the person elected to serve as justice at the
general election for state officers held in 2016 will serve an
eight-year term;
(12) for the Twelfth Court of Appeals:
(A) the person elected to serve as justice at the
general election for state officers held in 2012 will serve an
eight-year term;
(B) the person elected to serve as chief justice
at the general election for state officers held in 2014 will serve
an eight-year term; and
(C) the person elected to serve as justice at the
general election for state officers held in 2016 will serve an
eight-year term;
(13) for the Thirteenth Court of Appeals:
(A) the person elected to serve as chief justice
at the general election for state officers held in 2012 will serve
an eight-year term;
(B) the other three persons serving as justices
whose terms to which the persons were elected or appointed expire on
December 31, 2012, shall draw lots to determine the two of their
places on the court for which justices will be elected at the
general election for state officers held in 2012 to serve six-year
terms, and the one of their places on the court for which a justice
will be elected at the general election for state officers held in
2012 to serve an eight-year term;
(C) the person elected to serve as justice at the
general election for state officers held in 2014 will serve an
eight-year term; and
(D) the person elected to serve as justice at the
general election for state officers held in 2016 will serve an
eight-year term; and
(14) for the Fourteenth Court of Appeals:
(A) the five persons serving as justices whose
terms to which the persons were elected or appointed expire on
December 31, 2012, shall draw lots to determine the two of their
places on the court for which justices will be elected at the
general election for state officers held in 2012 to serve six-year
terms, and the three of their places on the court for which justices
will be elected at the general election for state officers held in
2012 to serve eight-year terms;
(B) the person elected to serve as chief justice
at the general election for state officers held in 2014 will serve
an eight-year term;
(C) the person elected to serve as justice at the
general election for state officers held in 2014 will serve an
eight-year term; and
(D) the persons elected to serve as justices at
the general election for state officers held in 2016 will serve
eight-year terms.
(f) The amendments to Sections 7 and 28, Article V, of this
constitution take effect January 1, 2012. The amendment to Section
7 applies only to the term of a district judge that begins on or
after January 1, 2012. The term of a district judge who was elected
or appointed before January 1, 2012, expires, unless the judge is
otherwise removed as provided by law, at the end of the term to
which the judge was elected or appointed. On the expiration of that
term, the length of the next elected term for the judge of that
district is eight years.
(g) This temporary provision expires January 1, 2026.
SECTION 7. This proposed constitutional amendment shall be
submitted to the voters at an election to be held November 8, 2011.
The ballot shall be printed to provide for voting for or against the
proposition: "The constitutional amendment changing the
eligibility requirements for a justice of the supreme court, judge
of the court of criminal appeals, and justice of a court of appeals
and changing the terms of office of those justices and judges and
district judges."