Texas 2017 - 85th Regular

Texas House Bill HB958 Compare Versions

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11 85R5750 GRM-D
22 By: Rodriguez of Bexar H.B. No. 958
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55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to an interim study regarding the method by which certain
88 trial and appellate judges are selected.
99 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1010 SECTION 1. INTERIM COMMITTEE; STUDY. (a) The joint interim
1111 committee on judicial selection is established to study and review
1212 the method by which the following judges and justices are selected
1313 for office in this state:
1414 (1) statutory county court judges, including probate
1515 court judges;
1616 (2) district judges; and
1717 (3) appellate justices and judges.
1818 (b) The study must consider:
1919 (1) the fairness, effectiveness, and desirability of
2020 selecting a judicial officer described in Subsection (a) of this
2121 section through partisan elections;
2222 (2) the fairness, effectiveness, and desirability of
2323 judicial selection methods proposed or adopted by other states; and
2424 (3) the relative merits of alternative methods for
2525 selecting a judicial officer described in Subsection (a) of this
2626 section, including:
2727 (A) lifetime appointment;
2828 (B) appointment for a term;
2929 (C) appointment for a term, followed by a
3030 partisan election;
3131 (D) appointment for a term, followed by a
3232 nonpartisan election;
3333 (E) appointment for a term, followed by a
3434 nonpartisan retention election;
3535 (F) partisan election for an open seat, followed
3636 by a nonpartisan retention election for incumbents; and
3737 (G) any other method or combination of methods
3838 for selecting a judicial officer described in Subsection (a) of
3939 this section.
4040 (c) The joint interim committee shall be composed of six
4141 senators and six members of the house of representatives as
4242 follows:
4343 (1) the chair of the senate state affairs committee,
4444 the chair of the senate criminal justice committee, and four
4545 senators appointed by the lieutenant governor; and
4646 (2) the chair of the judiciary and civil jurisprudence
4747 committee of the house of representatives, the chair of the
4848 criminal jurisprudence committee of the house of representatives,
4949 and four members of the house of representatives appointed by the
5050 speaker of the house of representatives.
5151 (d) When making appointments under Subsection (c) of this
5252 section, the lieutenant governor shall ensure that three senators
5353 from the majority party of the senate are appointed to the committee
5454 and three senators from the minority party of the senate are
5555 appointed to the committee. When making appointments under
5656 Subsection (c) of this section, the speaker of the house of
5757 representatives shall ensure that three members from the majority
5858 party of the house of representatives are appointed to the
5959 committee and three members from the minority party of the house of
6060 representatives are appointed to the committee.
6161 (e) The lieutenant governor and speaker of the house of
6262 representatives shall each designate a co-chair from among the
6363 committee members.
6464 (f) The joint interim committee shall convene at the call of
6565 one of the co-chairs.
6666 (g) The joint interim committee has all other powers and
6767 duties provided to a special or select committee by the rules of the
6868 senate and house of representatives, by Subchapter B, Chapter 301,
6969 Government Code, and by policies of the senate and house committees
7070 on administration.
7171 (h) Not later than January 6, 2019, the joint interim
7272 committee shall report the committee's findings and
7373 recommendations to the lieutenant governor, the speaker of the
7474 house of representatives, and the governor. The committee shall
7575 include in its recommendations specific constitutional and
7676 statutory changes that appear necessary from the results of the
7777 committee's study.
7878 (i) From the contingent expense fund of the senate and the
7979 contingent expense fund of the house of representatives equally,
8080 the members of the joint interim committee shall be reimbursed for
8181 expenses incurred in carrying out the provisions of this Act in
8282 accordance with the senate and house of representatives rules of
8383 procedure and the policies of the committees on administration.
8484 Other necessary expenses of operation shall be paid from the
8585 contingent expense fund of the senate and the contingent expense
8686 fund of the house of representatives equally.
8787 (j) The Texas Legislative Council shall provide legal and
8888 policy research, bill drafting, and statistical analysis services
8989 to the committee created under this section.
9090 SECTION 2. ABOLITION OF COMMITTEE. The committee is
9191 abolished and this Act expires January 12, 2019.
9292 SECTION 3. EFFECTIVE DATE. This Act takes effect
9393 immediately if it receives a vote of two-thirds of all the members
9494 elected to each house, as provided by Section 39, Article III, Texas
9595 Constitution. If this Act does not receive the vote necessary for
9696 immediate effect, this Act takes effect September 1, 2017.