Texas 2019 - 86th Regular

Texas House Bill HB3061 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Allison, Stucky, Huberty, Clardy, Hunter, H.B. No. 3061
2		-	et al.
	1	+	By: Allison H.B. No. 3061
3	2
4	3
5	4		A BILL TO BE ENTITLED
6	5		AN ACT
7	6		relating to an interim study regarding the method by which certain
8	7		trial and appellate judges are selected.
9	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	9		SECTION 1. INTERIM COMMISSION; STUDY. (a) The Texas
11	10		Interim Commission on Judicial Selection is established to study
12	11		and review the method by which the following judges and justices are
13	12		selected for office in this state:
14	13		(1) statutory county court judges, including probate
15	14		court judges;
16	15		(2) district judges;
17	16		(3) justices of the courts of appeal;
18	17		(4) justices of the Court of Criminal Appeals; and
19	18		(5) justices of the Supreme Court of Texas.
20	19		(b) The Commission must consider:
21	20		(1) the fairness, effectiveness, and desirability of
22	21		selecting a judicial officer described in Subsection (a) of this
23	22		section through appointment elections or other means;
24	23		(2) the relative merits of alternative methods for
25	24		selecting a judicial officer described in Subsection (a) of this
26	25		section, including:
27	26		(A) maintaining the current system;
28	27		(B) lifetime appointment by the Governor or
29	28		statewide or local judicial selection commission, and consent by
30	29		the senate;
31	30		(C) appointment for a term by the Governor or
32	31		statewide or local judicial selection commission, and consent by
33	32		the senate;
34	33		(D) appointment for a term by the Governor or
35	34		statewide or local judicial selection commission, and consent by
36	35		the senate, followed by a partisan election;
37	36		(E) appointment for a term by the Governor or
38	37		statewide or local judicial selection commission, and consent by
39	38		the senate, followed by a nonpartisan election;
40	39		(F) appointment for a term by the Governor or
41	40		statewide or local judicial selection commission, and consent by
42	41		the senate, followed by a retention election;
43	42		(G) partisan election in judicial-only election;
44	43		(H) non-partisan election in judicial-only
45	44		election; and
46	45		(I) any other method or combination of methods
47	46		for selecting a judicial officer described in Subsection (a) of
48	47		this section; and
49	48		(3) other factors concerning selection of a judicial
50	49		officer, including:
51	50		(A) qualifications;
52	51		(B) campaign finance and other cost factors; and
53	52		(C) conflict of interest and other judicial
54	53		ethics considerations.
55	54		(c) The Interim Commission shall be composed of thirteen
56	55		members, consisting of the following:
57	56		(1) four members appointed by the Governor;
58	57		(2) three senators appointed by the Lieutenant
59	58		Governor;
60	59		(3) three members of the House of Representatives
61	60		appointed by the Speaker of the House of Representatives;
62	61		(4) two members appointed by the Chief Justice of the
63	62		Supreme Court of Texas; and
64	63		(5) one member appointed by the president of the State
65	64		Bar of Texas.
66	65		(d) The members appointed by the Governor must be
67	66		knowledgeable of and interested in the judicial system in Texas and
68	67		include at least:
69	68		(1) one person who is a member of the business or
70	69		industry community;
71	70		(2) one person who is a member of the civic community;
72	71		and
73	72		(3) one person who represents rural interests.
74	73		(e) The appointments made by the Lieutenant Governor and
75	74		Speaker of the House of Representatives must each consist of at
76	75		least one member of the Democratic Party and one member of the
77	76		Republican Party in both the Senate and the House of
78	77		Representatives.
79	78		(f) In making appointments under subsections (c)(1), (2),
80	79		(3), and (4), the Governor, Lieutenant Governor, Speaker of the
81	80		House of Representatives, and Chief Justice of the Supreme Court of
82	81		Texas shall coordinate to ensure that the membership of the Interim
83	82		Commission reflects, to the extent possible, the ethnic and
84	83		geographic diversity of Texas.
85	84		(g) PRESIDING OFFICER. The Governor shall designate the
86	85		presiding officer from among the Interim Commission members.
87	86		(h) The Interim Commission shall convene at the call of the
88	87		presiding officer.
89	88		(i) The Interim Commission has all other powers and duties
90	89		provided to a special or select committee by the rules of the Senate
91	90		and House of Representatives, by Subchapter B, Chapter 301,
92	91		Government Code, and by policies of the Senate and House of
93	92		Representatives committees on administration.
94	93		(j) REPORT. Not later than January 11, 2021, the Interim
95	94		Commission shall report the Interim Commission's findings and
96	95		recommendations to the Lieutenant Governor, Governor, and the
97	96		Speaker of the House of Representative. The Interim Commission
98	97		shall include in its recommendations specific constitutional and
99	98		statutory changes that appear necessary from the results of the
100	99		Interims Commission's study.
101	100		(k) COMPENSATION AND REIMBURSEMENT. A member of the Interim
102	101		Commission is not entitled to compensation for service on the
103	102		Interim Commission but is entitled to reimbursement of the actual
104	103		and necessary expenses incurred in performing duties of the Interim
105	104		Commission. All such reimbursements, and other necessary expenses
106	105		of operation of the Interim Commission shall be paid from the
107	106		contingent expense fund of the Senate and the contingent expense
108	107		fund of the House of Representatives equally.
109	108		(l) PUBLIC MEETINGS AND PUBLIC INFORMATION.
110	109		(1) The Interim Commission may hold public meetings
111	110		and receive public information as needed to fulfill its duties.
112	111		(
113	112		2) The Interim Commission is subject to chapters 551
114	113		and 552, Government Code.
115	114		SECTION 2. ABOLITION OF Commission. The Interim Commission
116	115		is abolished and this Act expires January 18, 2021.
117	116		SECTION 3. EFFECTIVE DATE. This Act takes effect
118	117		immediately if it receives a vote of two-thirds of all the members
119	118		elected to each house, as provided by Section 39, Article III, Texas
120	119		Constitution. If this Act does not receive the vote necessary for
121	120		immediate effect, this Act takes effect September 1, 2019.