Texas 2015 - 84th Regular

Texas House Bill HB2088 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	84R23836 GRM-D
2	2	By: Rodriguez of Bexar H.B. No. 2088
3	3	Substitute the following for H.B. No. 2088:
4	4	By: Raymond C.S.H.B. No. 2088
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to an interim study regarding the method by which certain
10	10	trial and appellate judges are selected.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. INTERIM COMMITTEE; STUDY. (a) The joint
13	13	interim committee on judicial selection is established to study and
14	14	review the method by which the following judges and justices are
15	15	selected for office in this state:
16	16	(1) statutory county court judges, including probate
17	17	court judges;
18	18	(2) district judges; and
19	19	(3) appellate justices and judges.
20	20	(b) The study must consider:
21	21	(1) the fairness, effectiveness, and desirability of
22	22	selecting a judicial officer described in Subsection (a) of this
23	23	section through partisan elections;
24	24	(2) the fairness, effectiveness, and desirability of
25	25	judicial selection methods proposed or adopted by other states; and
26	26	(3) the relative merits of alternative methods for
27	27	selecting a judicial officer described in Subsection (a) of this
28	28	section, including:
29	29	(A) lifetime appointment;
30	30	(B) appointment for a term;
31	31	(C) appointment for a term, followed by a
32	32	partisan election;
33	33	(D) appointment for a term, followed by a
34	34	nonpartisan election;
35	35	(E) appointment for a term, followed by a
36	36	nonpartisan retention election;
37	37	(F) partisan election for an open seat, followed
38	38	by a nonpartisan retention election for incumbents; and
39	39	(G) any other method or combination of methods
40	40	for selecting a judicial officer described in Subsection (a) of
41	41	this section.
42	42	(c) The joint interim committee shall be composed of six
43	43	senators and six members of the house of representatives as
44	44	follows:
45	45	(1) the chair of the senate state affairs committee,
46	46	the chair of the senate criminal justice committee, and four
47	47	senators appointed by the lieutenant governor; and
48	48	(2) the chair of the judiciary and civil jurisprudence
49	49	committee of the house of representatives, the chair of the
50	50	criminal jurisprudence committee of the house of representatives,
51	51	and four members of the house of representatives appointed by the
52	52	speaker of the house of representatives.
53	53	(d) When making appointments under Subsection (c) of this
54	54	section, the lieutenant governor shall ensure that three senators
55	55	from the majority party of the senate are appointed to the committee
56	56	and three senators from the minority party of the senate are
57	57	appointed to the committee. When making appointments under
58	58	Subsection (c) of this section, the speaker of the house of
59	59	representatives shall ensure that three members from the majority
60	60	party of the house of representatives are appointed to the
61	61	committee and three members from the minority party of the house of
62	62	representatives are appointed to the committee.
63	63	(e) The lieutenant governor and speaker of the house of
64	64	representatives shall each designate a co-chair from among the
65	65	committee members.
66	66	(f) The joint interim committee shall convene at the call of
67	67	one of the co-chairs.
68	68	(g) The joint interim committee has all other powers and
69	69	duties provided to a special or select committee by the rules of the
70	70	senate and house of representatives, by Subchapter B, Chapter 301,
71	71	Government Code, and by policies of the senate and house committees
72	72	on administration.
73	73	(h) Not later than January 6, 2017, the joint interim
74	74	committee shall report the committee's findings and
75	75	recommendations to the lieutenant governor, the speaker of the
76	76	house of representatives, and the governor. The committee shall
77	77	include in its recommendations specific constitutional and
78	78	statutory changes that appear necessary from the results of the
79	79	committee's study.
80	80	(i) From the contingent expense fund of the senate and the
81	81	contingent expense fund of the house of representatives equally,
82	82	the members of the joint interim committee shall be reimbursed for
83	83	expenses incurred in carrying out the provisions of this Act in
84	84	accordance with the senate and house of representatives rules of
85	85	procedure and the policies of the committees on administration.
86	86	Other necessary expenses of operation shall be paid from the
87	87	contingent expense fund of the senate and the contingent expense
88	88	fund of the house of representatives equally.
89	89	(j) The Texas Legislative Council shall provide legal and
90	90	policy research, bill drafting, and statistical analysis services
91	91	to the committee created under this section.
92	92	SECTION 2. ABOLITION OF COMMITTEE. The committee is
93	93	abolished and this Act expires January 12, 2017.
94	94	SECTION 3. EFFECTIVE DATE. This Act takes effect
95	95	immediately if it receives a vote of two-thirds of all the members
96	96	elected to each house, as provided by Section 39, Article III, Texas
97	97	Constitution. If this Act does not receive the vote necessary for
98	98	immediate effect, this Act takes effect September 1, 2015.