H.B. No. 3040
AN ACT
relating to an interim study by the Texas Commission on Judicial
Selection 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. COMMISSION; STUDY. (a) The Texas Commission 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;
(3) justices of the courts of appeals;
(4) judges of the court of criminal appeals; and
(5) justices of the supreme court.
(b) The study conducted under this section 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;
(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; and
(4) the merits of using a public member board to
nominate or assess the qualifications of candidates for judicial
office.
(c) The Texas Commission on Judicial Selection consists of
15 members appointed as follows:
(1) four members appointed by the governor;
(2) four members appointed by the lieutenant governor,
including three senators, with at least:
(A) one senator who is a member of the political
party with which the lieutenant governor is affiliated; and
(B) one senator who is a member of a political
party other than the political party with which the lieutenant
governor is affiliated;
(3) four members appointed by the speaker of the house
of representatives, including three members of the house of
representatives, with at least:
(A) one representative who is a member of the
political party with which the speaker of the house is affiliated;
and
(B) one representative who is a member of a
political party other than the political party with which the
speaker of the house is affiliated;
(4) one member appointed by the chief justice of the
Supreme Court of Texas;
(5) one member appointed by the presiding judge of the
Texas Court of Criminal Appeals; and
(6) one member appointed by the board of directors of
the State Bar of Texas.
(d) The governor, lieutenant governor, and speaker of the
house of representatives shall coordinate to ensure that the
members appointed to the Texas Commission on Judicial Selection
reflect, to the extent practicable, the racial, ethnic, and
geographic diversity of this state and include individuals who are
attorneys and individuals who are not attorneys.
(e) The governor shall designate the presiding officer of
the Texas Commission on Judicial Selection.
(f) The Texas Commission on Judicial Selection shall
convene at the call of the presiding officer.
(g) A member of the Texas Commission on Judicial Selection
is not entitled to compensation but is entitled to reimbursement
for actual and necessary expenses incurred in serving as a member of
the commission.
(h) The Office of Court Administration of the Texas Judicial
System shall provide necessary administrative support to the Texas
Commission on Judicial Selection.
(i) Not later than December 31, 2020, the Texas Commission
on Judicial Selection shall submit to the governor and the
legislature a report on the commission's findings and
recommendations on a method or methods for selecting for office
judges listed in Subsection (a) of this section that ensure a fair,
impartial, qualified, competent, and stable judiciary. The
commission shall include in its recommendations specific
constitutional and statutory changes that appear necessary from the
results of the commission's study.
SECTION 2. ABOLITION OF COMMISSION. The Texas Commission
on Judicial Selection is abolished and this Act expires January 2,
2021.
SECTION 3. IMPLEMENTATION TRANSITION. The Office of Court
Administration of the Texas Judicial System is required to
implement a provision of this Act only if the legislature
appropriates money specifically for that purpose. If the
legislature does not appropriate money specifically for that
purpose, the Office of Court Administration of the Texas Judicial
System may, but is not required to, implement a provision of this
Act using other appropriations available for that purpose.
SECTION 4. 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.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3040 was passed by the House on May 9,
2019, by the following vote: Yeas 122, Nays 11, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 3040 was passed by the Senate on May
21, 2019, by the following vote: Yeas 25, Nays 6.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor