| 1 | 1 | | 85R1442 YDB-F |
|---|
| 2 | 2 | | By: Huffines S.B. No. 109 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to the establishment of a limit on the number of terms a |
|---|
| 8 | 8 | | judge or justice may serve on a court in this state. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. Subchapter A, Chapter 22, Government Code, is |
|---|
| 11 | 11 | | amended by adding Section 22.021 to read as follows: |
|---|
| 12 | 12 | | Sec. 22.021. JUDICIAL TERM LIMITS. (a) The supreme court |
|---|
| 13 | 13 | | by rule, in consultation with the court of criminal appeals, shall |
|---|
| 14 | 14 | | establish a limit on the number of terms a judge or justice may be |
|---|
| 15 | 15 | | elected to serve as the judge or justice of a court established |
|---|
| 16 | 16 | | under the Texas Constitution, under state statutory law, or by |
|---|
| 17 | 17 | | municipal ordinance. |
|---|
| 18 | 18 | | (b) The term limits established in the rules adopted under |
|---|
| 19 | 19 | | Subsection (a) may not allow a judge or justice to serve as a judge |
|---|
| 20 | 20 | | or justice of any one court for more than 18 years. |
|---|
| 21 | 21 | | (c) The limit on the number of terms a judge or justice may |
|---|
| 22 | 22 | | serve as the judge or justice of a court as provided by Subsection |
|---|
| 23 | 23 | | (a) applies only to service on that court. A judge or justice may |
|---|
| 24 | 24 | | serve on more than one court for a number of terms that exceeds the |
|---|
| 25 | 25 | | limit, provided the number of terms on any one court does not exceed |
|---|
| 26 | 26 | | the limit established for service as a judge or justice on that |
|---|
| 27 | 27 | | court. |
|---|
| 28 | 28 | | (c-1) A term that begins before January 1, 2019, is not |
|---|
| 29 | 29 | | counted in determining whether a judge or justice is eligible to |
|---|
| 30 | 30 | | serve on a court under Section 32, Article V, Texas Constitution. |
|---|
| 31 | 31 | | This subsection expires February 1, 2039. |
|---|
| 32 | 32 | | (c-2) The supreme court shall establish the term limits as |
|---|
| 33 | 33 | | required by Subsection (a) not later than December 1, 2018. This |
|---|
| 34 | 34 | | subsection expires December 1, 2019. |
|---|
| 35 | 35 | | SECTION 2. This Act takes effect January 1, 2018, but only |
|---|
| 36 | 36 | | if the constitutional amendment proposed by the 85th Legislature, |
|---|
| 37 | 37 | | Regular Session, 2017, limiting to two the number of terms for which |
|---|
| 38 | 38 | | a person may be elected or appointed to hold certain state offices |
|---|
| 39 | 39 | | and requiring the legislature to establish limits on the number of |
|---|
| 40 | 40 | | terms judges and justices may serve on courts in this state is |
|---|
| 41 | 41 | | approved by the voters. If that amendment is not approved by the |
|---|
| 42 | 42 | | voters, this Act has no effect. |
|---|