By: Huffman, Lucio S.B. No. 1728
(In the Senate - Filed March 6, 2019; March 14, 2019, read
first time and referred to Committee on State Affairs;
April 4, 2019, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 7, Nays 2; April 4, 2019,
sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 1728 By: Huffman
A BILL TO BE ENTITLED
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; and
(3) appellate justices and judges.
(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 senators appointed by the lieutenant
governor, including:
(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 of the house of representatives
appointed by the speaker of the house of representatives,
including:
(A) one representative who is a member of the
political party with which the speaker of the house is affiliated;
and
(B) one representatives 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. 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.
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