Texas 2017 - 85th Regular

Texas House Bill HJR10 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Smithee (Senate Sponsor - Huffman) H.J.R. No. 10
2		-	(In the Senate - Received from the House May 12, 2017;
3		-	May 12, 2017, read first time and referred to Committee on State
4		-	Affairs; May 18, 2017, reported favorably by the following vote:
5		-	Yeas 9, Nays 0; May 18, 2017, sent to printer.)
6		-	Click here to see the committee vote
	1	+	By: Smithee H.J.R. No. 10
7	2
8	3
9		-	~~HOUSE~~ JOINT RESOLUTION
	4	+	A JOINT RESOLUTION
10	5		proposing a constitutional amendment changing the eligibility
11	6		requirements for certain judicial offices.
12	7		BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	8		SECTION 1. Section 2(b), Article V, Texas Constitution, is
14	9		amended to read as follows:
15	10		(b) No person shall be eligible to serve in the office of
16	11		Chief Justice or Justice of the Supreme Court unless the person is
17	12		licensed to practice law in the State of Texas [this state] and is,
18	13		at the time of election, a citizen of the United States and of the
19	14		State of Texas [this state], and has attained the age of thirty-five
20	15		years, and has been a practicing lawyer licensed in the State of
21	16		Texas for at least ten years, or has been a practicing lawyer
22	17		licensed in the State of Texas and judge of a state court or county
23	18		court established by the Legislature by statute for a combined
24	19		total of [court of record together] at least ten years, during which
25	20		time the person's license to practice law has not been revoked,
26	21		suspended, or subject to a probated suspension.
27	22		SECTION 2. Section 7, Article V, Texas Constitution, is
28	23		amended to read as follows:
29	24		Sec. 7. The State shall be divided into judicial districts,
30	25		with each district having one or more Judges as may be provided by
31	26		law or by this Constitution. Each district judge shall be elected
32	27		by the qualified voters at a General Election and shall be a citizen
33	28		of the United States and of this State, who is licensed to practice
34	29		law in this State and has been a practicing lawyer or a Judge of a
35	30		Court in this State, or both combined, for six [four (4)] years next
36	31		preceding the judge's [his] election, during which time the judge's
37	32		license to practice law has not been revoked, suspended, or subject
38	33		to a probated suspension, who has resided in the district in which
39	34		the judge [he] was elected for two [(2)] years next preceding the
40	35		[his] election, and who shall reside in the [his] district during
41	36		the judge's [his] term of office and hold the [his] office for the
42	37		period of four [(4)] years, and who shall receive for the judge's
43	38		[his] services an annual salary to be fixed by the Legislature. The
44	39		Court shall conduct its proceedings at the county seat of the county
45	40		in which the case is pending, except as otherwise provided by law.
46	41		The judge [He] shall hold the regular terms of the judge's [his]
47	42		Court at the County Seat of each County in the [his] district in
48	43		such manner as may be prescribed by law. The Legislature shall have
49	44		power by General or Special Laws to make such provisions concerning
50	45		the terms or sessions of each Court as it may deem necessary.
51	46		The Legislature shall also provide for the holding of
52	47		District Court when the Judge thereof is absent, or is from any
53	48		cause disabled or disqualified from presiding.
54	49		SECTION 3. The following temporary provision is added to
55	50		the Texas Constitution:
56	51		TEMPORARY PROVISION. (a) This temporary provision applies
57	52		to the constitutional amendment proposed by the 85th Legislature,
58	53		Regular Session, 2017, changing the eligibility requirements for a
59	54		justice of the supreme court, a judge of the court of criminal
60	55		appeals, a justice of a court of appeals, and a district judge.
61	56		(b) The amendment to Section 2(b), Article V, of this
62	57		constitution takes effect January 1, 2018, and applies only to a
63	58		chief justice or other justice of the supreme court, a presiding
64	59		judge or other judge of the court of criminal appeals, or a chief
65	60		justice or other justice of a court of appeals who is first elected
66	61		for a term that begins on or after January 1, 2021, or who is
67	62		appointed on or after that date.
68	63		(c) The amendment to Section 7, Article V, of this
69	64		constitution takes effect January 1, 2018, and applies only to a
70	65		district judge who is first elected for a term that begins on or
71	66		after January 1, 2021, or who is appointed on or after that date.
72	67		(d) This temporary provision expires January 1, 2022.
73	68		SECTION 4. This proposed constitutional amendment shall be
74	69		submitted to the voters at an election to be held November 7, 2017.
75	70		The ballot shall be printed to provide for voting for or against the
76	71		proposition: "The constitutional amendment changing the
77	72		eligibility requirements for a justice of the supreme court, a
78	73		judge of the court of criminal appeals, a justice of a court of
79	74		appeals, and a district judge."
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