| 1 | 1 | | 82R17804 PMO-D |
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| 2 | 2 | | By: Raymond H.J.R. No. 61 |
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| 3 | 3 | | Substitute the following for H.J.R. No. 61: |
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| 4 | 4 | | By: Hartnett C.S.H.J.R. No. 61 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A JOINT RESOLUTION |
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| 8 | 8 | | proposing a constitutional amendment changing the terms of office |
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| 9 | 9 | | of a district judge. |
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| 10 | 10 | | BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 7, Article V, Texas Constitution, is |
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| 12 | 12 | | amended to read as follows: |
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| 13 | 13 | | Sec. 7. The State shall be divided into judicial districts, |
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| 14 | 14 | | with each district having one or more Judges as may be provided by |
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| 15 | 15 | | law or by this Constitution. Each district judge shall be elected |
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| 16 | 16 | | by the qualified voters at a General Election and shall be a citizen |
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| 17 | 17 | | of the United States and of this State, who is licensed to practice |
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| 18 | 18 | | law in this State and has been a practicing lawyer or a Judge of a |
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| 19 | 19 | | Court in this State, or both combined, for four (4) years next |
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| 20 | 20 | | preceding the judge's [his] election, who has resided in the |
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| 21 | 21 | | district in which the judge [he] was elected for two (2) years next |
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| 22 | 22 | | preceding the [his] election, and who shall reside in the [his] |
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| 23 | 23 | | district during the judge's [his] term of office and hold the [his] |
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| 24 | 24 | | office for the period of six (6) [four (4)] years, and who shall |
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| 25 | 25 | | receive for the judge's [his] services an annual salary to be fixed |
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| 26 | 26 | | by the Legislature. The Court shall conduct its proceedings at the |
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| 27 | 27 | | county seat of the county in which the case is pending, except as |
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| 28 | 28 | | otherwise provided by law. The judge [He] shall hold the regular |
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| 29 | 29 | | terms of the judge's [his] Court at the County Seat of each County |
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| 30 | 30 | | in the [his] district in such manner as may be prescribed by law. |
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| 31 | 31 | | The Legislature shall have power by General or Special Laws to make |
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| 32 | 32 | | such provisions concerning the terms or sessions of each Court as it |
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| 33 | 33 | | may deem necessary. |
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| 34 | 34 | | The Legislature shall also provide for the holding of |
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| 35 | 35 | | District Court when the Judge thereof is absent, or is from any |
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| 36 | 36 | | cause disabled or disqualified from presiding. |
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| 37 | 37 | | SECTION 2. Section 28, Article V, Texas Constitution, is |
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| 38 | 38 | | amended by amending Subsection (a) and adding Subsection (c) to |
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| 39 | 39 | | read as follows: |
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| 40 | 40 | | (a) A vacancy in the office of Chief Justice, Justice, or |
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| 41 | 41 | | Judge of the Supreme Court, the Court of Criminal Appeals, or the |
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| 42 | 42 | | Court of Appeals[, or the District Courts] shall be filled by the |
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| 43 | 43 | | Governor until the next succeeding General Election for state |
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| 44 | 44 | | officers, and at that election the voters shall fill the vacancy for |
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| 45 | 45 | | the unexpired term. |
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| 46 | 46 | | (c) A vacancy in the office of Judge of a District Court |
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| 47 | 47 | | shall be filled by the Governor until the next succeeding General |
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| 48 | 48 | | Election for state officers, and at that election the voters shall |
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| 49 | 49 | | fill the vacancy for a full term, as specified by Section 7, Article |
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| 50 | 50 | | V, of this constitution. |
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| 51 | 51 | | SECTION 3. The following temporary provision is added to |
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| 52 | 52 | | the Texas Constitution: |
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| 53 | 53 | | TEMPORARY PROVISION. (a) This temporary provision applies |
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| 54 | 54 | | to the constitutional amendment proposed by the 82nd Legislature, |
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| 55 | 55 | | Regular Session, 2011, providing a six-year term for a district |
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| 56 | 56 | | judge and providing that a person elected to fill a vacancy in the |
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| 57 | 57 | | office of judge of a district court serves a full term. |
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| 58 | 58 | | (b) The amendments to Sections 7 and 28, Article V, of this |
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| 59 | 59 | | constitution take effect January 1, 2012. The amendment to Section |
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| 60 | 60 | | 7 applies only to the term of a district judge that begins on or |
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| 61 | 61 | | after January 1, 2012. The term of a district judge who was elected |
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| 62 | 62 | | or appointed before January 1, 2012, expires, unless the judge is |
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| 63 | 63 | | otherwise removed as provided by law, at the end of the term to |
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| 64 | 64 | | which the judge was elected or appointed. On the expiration of that |
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| 65 | 65 | | term, the length of the next elected term for the judge of that |
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| 66 | 66 | | district is six years. |
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| 67 | 67 | | (c) This temporary provision expires January 1, 2016. |
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| 68 | 68 | | SECTION 4. This proposed constitutional amendment shall be |
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| 69 | 69 | | submitted to the voters at an election to be held November 8, 2011. |
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| 70 | 70 | | The ballot shall be printed to permit voting for or against the |
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| 71 | 71 | | proposition: "The constitutional amendment to increase the term |
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| 72 | 72 | | of a district judge to six years and to provide that a person |
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| 73 | 73 | | elected to fill a vacancy in the office of judge of a district court |
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| 74 | 74 | | serves a full term." |
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