86R11364 TSS-D
By: Hunter H.B. No. 3040
A BILL TO BE ENTITLED
AN ACT
relating to an interim study regarding the method by which certain
trial and appellate judges are selected.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. INTERIM COMMITTEE; STUDY. (a) The joint
interim committee on judicial selection is established to study and
review the method by which the following judges and justices are
selected for office in this state:
(1) statutory county court judges, including probate
court judges;
(2) district judges; and
(3) appellate justices and judges.
(b) The study must consider:
(1) the fairness, effectiveness, and desirability of
selecting a judicial officer described in Subsection (a) of this
section through partisan elections;
(2) the fairness, effectiveness, and desirability of
judicial selection methods proposed or adopted by other states; and
(3) the relative merits of alternative methods for
selecting a judicial officer described in Subsection (a) of this
section, including:
(A) lifetime appointment;
(B) appointment for a term;
(C) appointment for a term, followed by a
partisan election;
(D) appointment for a term, followed by a
nonpartisan election;
(E) appointment for a term, followed by a
nonpartisan retention election;
(F) partisan election for an open seat, followed
by a nonpartisan retention election for incumbents; and
(G) any other method or combination of methods
for selecting a judicial officer described in Subsection (a) of
this section.
(c) The joint interim committee shall be composed of six
senators appointed by the lieutenant governor and six members of
the house of representatives appointed by the speaker of the house
of representatives.
(d) The lieutenant governor and speaker of the house of
representatives shall each designate a co-chair from among the
committee members.
(e) The joint interim committee shall convene at the call of
one of the co-chairs.
(f) The joint interim committee has all other powers and
duties provided to a special or select committee by the rules of the
senate and house of representatives, by Subchapter B, Chapter 301,
Government Code, and by policies of the senate and house committees
on administration.
(g) Not later than December 31, 2020, the joint interim
committee shall report the committee's findings and
recommendations to the lieutenant governor, the speaker of the
house of representatives, and the governor. The committee shall
include in its recommendations specific constitutional and
statutory changes that appear necessary from the results of the
committee's study.
(h) From the contingent expense fund of the senate and the
contingent expense fund of the house of representatives equally,
the members of the joint interim committee shall be reimbursed for
expenses incurred in carrying out the provisions of this Act in
accordance with the senate and house of representatives rules of
procedure and the policies of the committees on administration.
Other necessary expenses of operation shall be paid from the
contingent expense fund of the senate and the contingent expense
fund of the house of representatives equally.
(i) The Texas Legislative Council shall provide legal and
policy research, bill drafting, and statistical analysis services
to the committee created under this section.
SECTION 2. ABOLITION OF COMMITTEE. The committee is
abolished and this Act expires January 17, 2021.
SECTION 3. EFFECTIVE DATE. This Act takes effect
immediately if it receives a vote of two-thirds of all the members
elected to each house, as provided by Section 39, Article III, Texas
Constitution. If this Act does not receive the vote necessary for
immediate effect, this Act takes effect September 1, 2019.