By: Smithee (Senate Sponsor - Huffman) H.J.R. No. 10
(In the Senate - Received from the House May 12, 2017;
May 12, 2017, read first time and referred to Committee on State
Affairs; May 18, 2017, reported favorably by the following vote:
Yeas 9, Nays 0; May 18, 2017, sent to printer.)
Click here to see the committee vote
HOUSE JOINT RESOLUTION
proposing a constitutional amendment changing the eligibility
requirements for certain judicial offices.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2(b), Article V, Texas Constitution, is
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 State of Texas [this state] and is,
at the time of election, a citizen of the United States and of the
State of Texas [this state], 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 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 years, during which
time the person's license to practice law has not been revoked,
suspended, or subject to a probated suspension.
SECTION 2. 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 six [four (4)] years next
preceding the judge's [his] election, during which time the judge's
license to practice law has not been revoked, suspended, or subject
to a probated suspension, 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 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 3. The following temporary provision is added to
the Texas Constitution:
TEMPORARY PROVISION. (a) This temporary provision applies
to the constitutional amendment proposed by the 85th Legislature,
Regular Session, 2017, changing the eligibility requirements for a
justice of the supreme court, a judge of the court of criminal
appeals, a justice of a court of appeals, and a district judge.
(b) The amendment to Section 2(b), Article V, of this
constitution takes effect January 1, 2018, and applies only to a
chief justice or other justice of the supreme court, a presiding
judge or other judge of the court of criminal appeals, or a chief
justice or other justice of a court of appeals who is first elected
for a term that begins on or after January 1, 2021, or who is
appointed on or after that date.
(c) The amendment to Section 7, Article V, of this
constitution takes effect January 1, 2018, and applies only to a
district judge who is first elected for a term that begins on or
after January 1, 2021, or who is appointed on or after that date.
(d) This temporary provision expires January 1, 2022.
SECTION 4. This proposed constitutional amendment shall be
submitted to the voters at an election to be held November 7, 2017.
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, a
judge of the court of criminal appeals, a justice of a court of
appeals, and a district judge."
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