By: Allison, Stucky, Huberty, Clardy, Hunter, H.B. No. 3061
et al.
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 COMMISSION; STUDY. (a) The Texas
Interim 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 appeal;
(4) justices of the Court of Criminal Appeals; and
(5) justices of the Supreme Court of Texas.
(b) The Commission must consider:
(1) the fairness, effectiveness, and desirability of
selecting a judicial officer described in Subsection (a) of this
section through appointment elections or other means;
(2) the relative merits of alternative methods for
selecting a judicial officer described in Subsection (a) of this
section, including:
(A) maintaining the current system;
(B) lifetime appointment by the Governor or
statewide or local judicial selection commission, and consent by
the senate;
(C) appointment for a term by the Governor or
statewide or local judicial selection commission, and consent by
the senate;
(D) appointment for a term by the Governor or
statewide or local judicial selection commission, and consent by
the senate, followed by a partisan election;
(E) appointment for a term by the Governor or
statewide or local judicial selection commission, and consent by
the senate, followed by a nonpartisan election;
(F) appointment for a term by the Governor or
statewide or local judicial selection commission, and consent by
the senate, followed by a retention election;
(G) partisan election in judicial-only election;
(H) non-partisan election in judicial-only
election; and
(I) any other method or combination of methods
for selecting a judicial officer described in Subsection (a) of
this section; and
(3) other factors concerning selection of a judicial
officer, including:
(A) qualifications;
(B) campaign finance and other cost factors; and
(C) conflict of interest and other judicial
ethics considerations.
(c) The Interim Commission shall be composed of thirteen
members, consisting of the following:
(1) four members appointed by the Governor;
(2) three senators appointed by the Lieutenant
Governor;
(3) three members of the House of Representatives
appointed by the Speaker of the House of Representatives;
(4) two members appointed by the Chief Justice of the
Supreme Court of Texas; and
(5) one member appointed by the president of the State
Bar of Texas.
(d) The members appointed by the Governor must be
knowledgeable of and interested in the judicial system in Texas and
include at least:
(1) one person who is a member of the business or
industry community;
(2) one person who is a member of the civic community;
and
(3) one person who represents rural interests.
(e) The appointments made by the Lieutenant Governor and
Speaker of the House of Representatives must each consist of at
least one member of the Democratic Party and one member of the
Republican Party in both the Senate and the House of
Representatives.
(f) In making appointments under subsections (c)(1), (2),
(3), and (4), the Governor, Lieutenant Governor, Speaker of the
House of Representatives, and Chief Justice of the Supreme Court of
Texas shall coordinate to ensure that the membership of the Interim
Commission reflects, to the extent possible, the ethnic and
geographic diversity of Texas.
(g) PRESIDING OFFICER. The Governor shall designate the
presiding officer from among the Interim Commission members.
(h) The Interim Commission shall convene at the call of the
presiding officer.
(i) The Interim Commission 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 of
Representatives committees on administration.
(j) REPORT. Not later than January 11, 2021, the Interim
Commission shall report the Interim Commission's findings and
recommendations to the Lieutenant Governor, Governor, and the
Speaker of the House of Representative. The Interim Commission
shall include in its recommendations specific constitutional and
statutory changes that appear necessary from the results of the
Interims Commission's study.
(k) COMPENSATION AND REIMBURSEMENT. A member of the Interim
Commission is not entitled to compensation for service on the
Interim Commission but is entitled to reimbursement of the actual
and necessary expenses incurred in performing duties of the Interim
Commission. All such reimbursements, and other necessary expenses
of operation of the Interim Commission shall be paid from the
contingent expense fund of the Senate and the contingent expense
fund of the House of Representatives equally.
(l) PUBLIC MEETINGS AND PUBLIC INFORMATION.
(1) The Interim Commission may hold public meetings
and receive public information as needed to fulfill its duties.
(
2) The Interim Commission is subject to chapters 551
and 552, Government Code.
SECTION 2. ABOLITION OF Commission. The Interim Commission
is abolished and this Act expires January 18, 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.