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Texas House Bill HJR117

Texas 2017 - 85th Regular

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11 85R15648 CAE-D
22 By: Smithee H.J.R. No. 117
33
44
55 A JOINT RESOLUTION
66 proposing a constitutional amendment changing the terms of office
77 of certain judicial offices.
88 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
99 SECTION 1. Section 2(c), Article V, Texas Constitution, is
1010 amended to read as follows:
1111 (c) Said Justices shall be elected [(three of them each two
1212 years)] by the qualified voters of the state at a general election;
1313 shall hold their offices for staggered terms of eight [six] years;
1414 and shall each receive such compensation as shall be provided by
1515 law.
1616 SECTION 2. Section 4(a), Article V, Texas Constitution, is
1717 amended to read as follows:
1818 (a) The Court of Criminal Appeals shall consist of eight
1919 Judges and one Presiding Judge. The Judges shall have the same
2020 qualifications and receive the same salaries as the Associate
2121 Justices of the Supreme Court, and the Presiding Judge shall have
2222 the same qualifications and receive the same salary as the Chief
2323 Justice of the Supreme Court. The Presiding Judge and the Judges
2424 shall be elected by the qualified voters of the state at a general
2525 election and shall hold their offices for staggered terms [a term]
2626 of eight [six] years.
2727 SECTION 3. Section 6(b), Article V, Texas Constitution, is
2828 amended to read as follows:
2929 (b) Each of said Courts of Appeals shall hold its sessions
3030 at a place in its district to be designated by the Legislature, and
3131 at such time as may be prescribed by law. Said Justices shall be
3232 elected by the qualified voters of their respective districts at a
3333 general election, for staggered terms [a term] of eight [six] years
3434 and shall receive for their services the sum provided by law.
3535 SECTION 4. Section 7, Article V, Texas Constitution, is
3636 amended to read as follows:
3737 Sec. 7. The State shall be divided into judicial districts,
3838 with each district having one or more Judges as may be provided by
3939 law or by this Constitution. Each district judge shall be elected
4040 by the qualified voters at a General Election and shall be a citizen
4141 of the United States and of this State, who is licensed to practice
4242 law in this State and has been a practicing lawyer or a Judge of a
4343 Court in this State, or both combined, for four [(4)] years next
4444 preceding the judge's [his] election, who has resided in the
4545 district in which the judge [he] was elected for two [(2)] years
4646 next preceding the [his] election, and who shall reside in the [his]
4747 district during the judge's [his] term of office and hold the [his]
4848 office for the period of six [four (4)] years, and who shall receive
4949 for the judge's [his] services an annual salary to be fixed by the
5050 Legislature. The Court shall conduct its proceedings at the county
5151 seat of the county in which the case is pending, except as otherwise
5252 provided by law. The judge [He] shall hold the regular terms of the
5353 judge's [his] Court at the County Seat of each County in the [his]
5454 district in such manner as may be prescribed by law. The
5555 Legislature shall have power by General or Special Laws to make such
5656 provisions concerning the terms or sessions of each Court as it may
5757 deem necessary.
5858 The Legislature shall also provide for the holding of
5959 District Court when the Judge thereof is absent, or is from any
6060 cause disabled or disqualified from presiding.
6161 SECTION 5. Section 28, Article V, Texas Constitution, is
6262 amended by amending Subsection (a) and adding Subsection (c) to
6363 read as follows:
6464 (a) A vacancy in the office of Chief Justice, Justice, or
6565 Judge of the Supreme Court, the Court of Criminal Appeals, or the
6666 Court of Appeals[, or the District Courts] shall be filled by the
6767 Governor until the next succeeding General Election for state
6868 officers, and at that election the voters shall fill the vacancy for
6969 the unexpired term.
7070 (c) A vacancy in the office of Judge of a District Court
7171 shall be filled by the Governor until the next succeeding General
7272 Election for state officers, and at that election the voters shall
7373 fill the vacancy for a full term, as specified by Section 7, Article
7474 V, of this constitution.
7575 SECTION 6. The following temporary provision is added to
7676 the Texas Constitution:
7777 TEMPORARY PROVISION. (a) This temporary provision applies
7878 to the constitutional amendment proposed by the 85th Legislature,
7979 Regular Session, 2017, changing the terms of office of justices of
8080 the supreme court, judges of the court of criminal appeals,
8181 justices of the courts of appeals, and district judges.
8282 (b) The amendment to Section 2(c), Article V, of this
8383 constitution takes effect January 1, 2018, and applies only to the
8484 term of a chief justice or justice of the supreme court that begins
8585 on the expiration of the term the length of which is prescribed by
8686 the subdivisions of this subsection. The term of a chief justice or
8787 justice of the supreme court who was elected or appointed before
8888 January 1, 2018, expires, unless the justice is otherwise removed
8989 as provided by law, at the end of the term to which the justice was
9090 elected or appointed. On the expiration of that term, the length of
9191 the next elected term for the chief justice or justice, unless
9292 otherwise removed as provided by law, is as follows:
9393 (1) the three persons serving as justices of the
9494 supreme court whose terms to which the persons were elected or
9595 appointed expire on December 31, 2018, shall draw lots to determine
9696 the two of their places on the court for which justices will be
9797 elected at the general election for state officers held in 2018 to
9898 serve six-year terms and the one of their places on the court for
9999 which a justice will be elected at the general election for state
100100 officers held in 2018 to serve an eight-year term;
101101 (2) the person elected to serve as chief justice of the
102102 supreme court at the general election for state officers held in
103103 2020 will serve an eight-year term;
104104 (3) the other two persons serving as justices of the
105105 supreme court whose terms to which the persons were elected or
106106 appointed expire on December 31, 2020, shall draw lots to determine
107107 the one of their places on the court for which a justice will be
108108 elected at the general election for state officers held in 2020 to
109109 serve a six-year term and the one of their places on the court for
110110 which a justice will be elected at the general election for state
111111 officers held in 2020 to serve an eight-year term; and
112112 (4) the three persons serving as justices of the
113113 supreme court whose terms to which the persons were elected or
114114 appointed expire on December 31, 2022, shall draw lots to determine
115115 the one of their places on the court for which a justice will be
116116 elected at the general election for state officers held in 2022 to
117117 serve a six-year term and the two of their places on the court for
118118 which justices will be elected at the general election for state
119119 officers held in 2022 to serve an eight-year term.
120120 (c) The amendment to Section 4(a), Article V, of this
121121 constitution takes effect January 1, 2018, and applies only to the
122122 term of a presiding judge or other judge of the court of criminal
123123 appeals that begins on the expiration of the term the length of
124124 which is prescribed by the subdivisions of this subsection. The
125125 term of a presiding judge or other judge of the court of criminal
126126 appeals who was elected or appointed before January 1, 2018,
127127 expires, unless the judge is otherwise removed as provided by law,
128128 at the end of the term to which the judge was elected or appointed.
129129 On the expiration of that term, the length of the next elected term
130130 for the presiding judge or other judge, unless otherwise removed as
131131 provided by law, is as follows:
132132 (1) the person elected to serve as presiding judge of
133133 the court of criminal appeals at the general election for state
134134 officers held in 2018 will serve an eight-year term;
135135 (2) the other two persons elected to serve as judges of
136136 the court of criminal appeals at the general election for state
137137 officers held in 2018 will serve six-year terms;
138138 (3) the three persons serving as judges of the court of
139139 criminal appeals whose terms to which the persons were elected or
140140 appointed expire on December 31, 2020, shall draw lots to determine
141141 the two of their places on the court for which judges will be
142142 elected at the general election for state officers held in 2020 to
143143 serve eight-year terms and the one of their places on the court for
144144 which a judge will be elected at the general election for state
145145 officers held in 2020 to serve a six-year term; and
146146 (4) the three persons serving as judges of the court of
147147 criminal appeals whose terms to which the persons were elected or
148148 appointed expire on December 31, 2022, shall draw lots to determine
149149 the two of their places on the court for which judges will be
150150 elected at the general election for state officers held in 2022 to
151151 serve eight-year terms and the one of their places on the court for
152152 which a judge will be elected at the general election for state
153153 officers held in 2022 to serve a six-year term.
154154 (d) The amendment to Section 6(b), Article V, of this
155155 constitution takes effect January 1, 2018, and applies only to the
156156 term of a chief justice or other justice of a court of appeals that
157157 begins on the expiration of the term the length of which is
158158 prescribed by the subdivisions of this subsection. The term of a
159159 chief justice or other justice of a court of appeals who was elected
160160 or appointed before January 1, 2018, expires, unless the justice is
161161 otherwise removed as provided by law, at the end of the term to
162162 which the justice was elected or appointed. On the expiration of
163163 that term, the length of the next elected term for the chief justice
164164 or other justice, unless otherwise removed as provided by law, is as
165165 follows:
166166 (1) for the First Court of Appeals:
167167 (A) the five persons serving as justices whose
168168 terms to which the persons were elected or appointed expire on
169169 December 31, 2018, shall draw lots to determine the two of their
170170 places on the court for which justices will be elected at the
171171 general election for state officers held in 2018 to serve six-year
172172 terms and the three of their places on the court for which justices
173173 will be elected at the general election for state officers held in
174174 2018 to serve eight-year terms;
175175 (B) the persons elected to serve as justices at
176176 the general election for state officers held in 2020 will serve
177177 eight-year terms;
178178 (C) the person elected to serve as chief justice
179179 at the general election for state officers held in 2022 will serve
180180 an eight-year term; and
181181 (D) the other person elected to serve as a
182182 justice at the general election for state officers held in 2022 will
183183 serve an eight-year term;
184184 (2) for the Second Court of Appeals:
185185 (A) the person elected to serve as chief justice
186186 at the general election for state officers held in 2018 will serve
187187 an eight-year term;
188188 (B) the other three persons serving as justices
189189 whose terms to which the persons were elected or appointed expire on
190190 December 31, 2018, shall draw lots to determine the one of their
191191 places on the court for which a justice will be elected at the
192192 general election for state officers held in 2018 to serve an
193193 eight-year term and the two of their places on the court for which
194194 justices will be elected at the general election for state officers
195195 held in 2018 to serve six-year terms;
196196 (C) the persons elected to serve as justices at
197197 the general election for state officers held in 2020 will serve
198198 eight-year terms; and
199199 (D) the person elected to serve as a justice at
200200 the general election for state officers held in 2022 will serve an
201201 eight-year term;
202202 (3) for the Third Court of Appeals:
203203 (A) the four persons serving as justices whose
204204 terms to which the persons were elected or appointed expire on
205205 December 31, 2018, shall draw lots to determine the two of their
206206 places on the court for which justices will be elected at the
207207 general election for state officers held in 2018 to serve six-year
208208 terms and the two of their places on the court for which justices
209209 will be elected at the general election for state officers held in
210210 2018 to serve eight-year terms;
211211 (B) the person elected to serve as chief justice
212212 at the general election for state officers held in 2020 will serve
213213 an eight-year term; and
214214 (C) the person elected to serve as a justice at
215215 the general election for state officers held in 2022 will serve an
216216 eight-year term;
217217 (4) for the Fourth Court of Appeals:
218218 (A) the five persons serving as justices whose
219219 terms to which the persons were elected or appointed expire on
220220 December 31, 2018, shall draw lots to determine the two of their
221221 places on the court for which justices will be elected at the
222222 general election for state officers held in 2018 to serve six-year
223223 terms and the three of their places on the court for which justices
224224 will be elected at the general election for state officers held in
225225 2018 to serve eight-year terms;
226226 (B) the person elected to serve as chief justice
227227 at the general election for state officers held in 2020 will serve
228228 an eight-year term; and
229229 (C) the person elected to serve as a justice at
230230 the general election for state officers held in 2022 will serve an
231231 eight-year term;
232232 (5) for the Fifth Court of Appeals:
233233 (A) the person elected to serve as chief justice
234234 at the general election for state officers held in 2018 will serve
235235 an eight-year term;
236236 (B) the other seven persons serving as justices
237237 whose terms to which the persons were elected or appointed expire on
238238 December 31, 2018, shall draw lots to determine the four of their
239239 places on the court for which justices will be elected at the
240240 general election for state officers held in 2018 to serve six-year
241241 terms and the three of their places on the court for which justices
242242 will be elected at the general election for state officers held in
243243 2018 to serve eight-year terms;
244244 (C) the persons elected to serve as justices at
245245 the general election for state officers held in 2020 will serve an
246246 eight-year term; and
247247 (D) the persons elected to serve as justices at
248248 the general election for state officers held in 2022 will serve
249249 eight-year terms;
250250 (6) for the Sixth Court of Appeals:
251251 (A) the person elected to serve as a justice at
252252 the general election for state officers held in 2018 will serve an
253253 eight-year term;
254254 (B) the person elected to serve as a justice at
255255 the general election for state officers held in 2020 will serve an
256256 eight-year term; and
257257 (C) the person elected to serve as chief justice
258258 at the general election for state officers held in 2022 will serve
259259 an eight-year term;
260260 (7) for the Seventh Court of Appeals:
261261 (A) the two persons serving as justices whose
262262 terms to which the persons were elected or appointed expire on
263263 December 31, 2018, shall draw lots to determine the one of their
264264 places on the court for which a justice will be elected at the
265265 general election for state officers held in 2018 to serve a six-year
266266 term and the one of their places on the court for which a justice
267267 will be elected at the general election for state officers held in
268268 2018 to serve an eight-year term;
269269 (B) the person elected to serve as chief justice
270270 at the general election for state officers held in 2020 will serve
271271 an eight-year term; and
272272 (C) the person elected to serve as a justice at
273273 the general election for state officers held in 2022 will serve an
274274 eight-year term;
275275 (8) for the Eighth Court of Appeals:
276276 (A) the person elected to serve as a justice at
277277 the general election for state officers held in 2018 will serve an
278278 eight-year term;
279279 (B) the person elected to serve as a justice at
280280 the general election for state officers held in 2022 will serve an
281281 eight-year term; and
282282 (C) the person elected to serve as chief justice
283283 at the general election for state officers held in 2020 will serve
284284 an eight-year term;
285285 (9) for the Ninth Court of Appeals:
286286 (A) the two persons serving as justices whose
287287 terms to which the persons were elected or appointed expire on
288288 December 31, 2018, shall draw lots to determine the one of their
289289 places on the court for which a justice will be elected at the
290290 general election for state officers held in 2018 to serve a six-year
291291 term and the one of their places on the court for which a justice
292292 will be elected at the general election for state officers held in
293293 2018 to serve an eight-year term;
294294 (B) the person elected to serve as chief justice
295295 at the general election for state officers held in 2020 will serve
296296 an eight-year term; and
297297 (C) the person elected to serve as a justice at
298298 the general election for state officers held in 2022 will serve an
299299 eight-year term;
300300 (10) for the Tenth Court of Appeals:
301301 (A) the person elected to serve as chief justice
302302 at the general election for state officers held in 2018 will serve
303303 an eight-year term;
304304 (B) the person elected to serve as a justice at
305305 the general election for state officers held in 2020 will serve an
306306 eight-year term; and
307307 (C) the person elected to serve as a justice at
308308 the general election for state officers held in 2022 will serve an
309309 eight-year term;
310310 (11) for the Eleventh Court of Appeals:
311311 (A) the person elected to serve as chief justice
312312 at the general election for state officers held in 2018 will serve
313313 an eight-year term;
314314 (B) the person elected to serve as justice at the
315315 general election for state officers held in 2020 will serve an
316316 eight-year term; and
317317 (C) the person elected to serve as a justice at
318318 the general election for state officers held in 2022 will serve an
319319 eight-year term;
320320 (12) for the Twelfth Court of Appeals:
321321 (A) the person elected to serve as a justice at
322322 the general election for state officers held in 2018 will serve an
323323 eight-year term;
324324 (B) the person elected to serve as chief justice
325325 at the general election for state officers held in 2020 will serve
326326 an eight-year term; and
327327 (C) the person elected to serve as a justice at
328328 the general election for state officers held in 2022 will serve an
329329 eight-year term;
330330 (13) for the Thirteenth Court of Appeals:
331331 (A) the person elected to serve as chief justice
332332 at the general election for state officers held in 2018 will serve
333333 an eight-year term;
334334 (B) the other three persons serving as justices
335335 whose terms to which the persons were elected or appointed expire on
336336 December 31, 2018, shall draw lots to determine the two of their
337337 places on the court for which justices will be elected at the
338338 general election for state officers held in 2018 to serve six-year
339339 terms and the one of their places on the court for which a justice
340340 will be elected at the general election for state officers held in
341341 2018 to serve an eight-year term;
342342 (C) the person elected to serve as a justice at
343343 the general election for state officers held in 2020 will serve an
344344 eight-year term; and
345345 (D) the person elected to serve as a justice at
346346 the general election for state officers held in 2022 will serve an
347347 eight-year term; and
348348 (14) for the Fourteenth Court of Appeals:
349349 (A) the five persons serving as justices whose
350350 terms to which the persons were elected or appointed expire on
351351 December 31, 2018, shall draw lots to determine the two of their
352352 places on the court for which justices will be elected at the
353353 general election for state officers held in 2018 to serve six-year
354354 terms and the three of their places on the court for which justices
355355 will be elected at the general election for state officers held in
356356 2018 to serve eight-year terms;
357357 (B) the person elected to serve as chief justice
358358 at the general election for state officers held in 2020 will serve
359359 an eight-year term;
360360 (C) the person elected to serve as justice at the
361361 general election for state officers held in 2020 will serve an
362362 eight-year term; and
363363 (D) the persons elected to serve as justices at
364364 the general election for state officers held in 2022 will serve
365365 eight-year terms.
366366 (e) The amendments to Sections 7 and 28, Article V, of this
367367 constitution take effect January 1, 2018. The amendment to Section
368368 7 applies only to the term of a district judge that begins on or
369369 after January 1, 2018. The term of a district judge who was elected
370370 or appointed before January 1, 2018, expires, unless the judge is
371371 otherwise removed as provided by law, at the end of the term to
372372 which the judge was elected or appointed. On the expiration of that
373373 term, the length of the next elected term for the judge of that
374374 district is six years.
375375 (f) This temporary provision expires January 1, 2032.
376376 SECTION 7. This proposed constitutional amendment shall be
377377 submitted to the voters at an election to be held November 7, 2017.
378378 The ballot shall be printed to provide for voting for or against the
379379 proposition: "The constitutional amendment changing the terms of
380380 office of justices of the supreme court, judges of the court of
381381 criminal appeals, justices of the courts of appeals, and district
382382 judges."