| 1 | 1 | | By: Huffines S.J.R. No. 12 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | SENATE JOINT RESOLUTION |
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| 5 | 5 | | proposing a constitutional amendment requiring the establishment |
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| 6 | 6 | | of limits on the number of terms judges and justices may serve on |
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| 7 | 7 | | courts in this state. |
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| 8 | 8 | | BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Article V, Texas Constitution, is amended by |
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| 10 | 10 | | adding Section 32 to read as follows: |
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| 11 | 11 | | Sec. 32. (a) The legislature by general law shall require |
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| 12 | 12 | | the Supreme Court, in consultation with the Court of Criminal |
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| 13 | 13 | | Appeals, to establish a limit on the number of terms a judge or |
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| 14 | 14 | | justice may be elected to serve as a judge or justice of a court |
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| 15 | 15 | | established under this article, by the legislature under general |
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| 16 | 16 | | law, or by the governing body of a municipality by ordinance. |
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| 17 | 17 | | (b) A judge or justice who has been elected to serve on a |
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| 18 | 18 | | court for the maximum number of terms established by the Supreme |
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| 19 | 19 | | Court, in consultation with the Court of Criminal Appeals, as |
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| 20 | 20 | | required by Subsection (a) of this section is not eligible for |
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| 21 | 21 | | election to serve an additional term on that court. |
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| 22 | 22 | | (c) The term of a person appointed to serve on a court for |
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| 23 | 23 | | the remainder of a term or to fill a vacancy on the court is not |
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| 24 | 24 | | counted in determining whether the person is eligible to serve |
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| 25 | 25 | | under Subsection (b) of this section. |
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| 26 | 26 | | SECTION 2. The following temporary provision is added to |
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| 27 | 27 | | the Texas Constitution: |
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| 28 | 28 | | TEMPORARY PROVISION. (a) This temporary provision applies |
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| 29 | 29 | | to the constitutional amendment proposed by the 85th Legislature, |
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| 30 | 30 | | Regular Session, 2017, requiring the legislature by general law to |
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| 31 | 31 | | require the Supreme Court, in consultation with the Court of |
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| 32 | 32 | | Criminal Appeals, to establish a limit on the number of terms a |
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| 33 | 33 | | judge or justice may serve on a court in this state. |
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| 34 | 34 | | (b) The Supreme Court shall establish the limit as required |
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| 35 | 35 | | by the general law enacted under Subsection (a) of this temporary |
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| 36 | 36 | | provision not later than December 1, 2018. |
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| 37 | 37 | | (c) A term that begins before January 1, 2019, is not |
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| 38 | 38 | | counted in determining whether a judge or justice is eligible to |
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| 39 | 39 | | serve on a court under Section 32, Article V, of this constitution. |
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| 40 | 40 | | (d) This temporary provision expires February 1, 2039. |
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| 41 | 41 | | SECTION 3. This proposed constitutional amendment shall be |
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| 42 | 42 | | submitted to the voters at an election to be held November 7, 2017. |
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| 43 | 43 | | The ballot shall be printed to permit voting for or against the |
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| 44 | 44 | | proposition: "The constitutional amendment requiring the |
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| 45 | 45 | | legislature to establish term limits for judges and justices |
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| 46 | 46 | | serving on courts in this state." |
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