1 | 1 | | 86R1754 SRS-D |
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2 | 2 | | By: Zaffirini S.J.R. No. 35 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A JOINT RESOLUTION |
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6 | 6 | | proposing a constitutional amendment increasing the amount of time |
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7 | 7 | | a person must have been a practicing lawyer or judge to be eligible |
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8 | 8 | | to serve as a supreme court justice, court of criminal appeals |
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9 | 9 | | judge, court of appeals justice, or district court judge. |
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10 | 10 | | BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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11 | 11 | | SECTION 1. Section 2(b), Article V, Texas Constitution, is |
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12 | 12 | | amended to read as follows: |
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13 | 13 | | (b) No person shall be eligible to serve in the office of |
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14 | 14 | | Chief Justice or Justice of the Supreme Court unless the person is |
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15 | 15 | | licensed to practice law in this state and is, at the time of |
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16 | 16 | | election, a citizen of the United States and of this state, and has |
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17 | 17 | | attained the age of thirty-five years, and has been a practicing |
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18 | 18 | | lawyer, or a lawyer and judge of a court of record together at least |
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19 | 19 | | 12 [ten] years. |
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20 | 20 | | SECTION 2. Section 7, Article V, Texas Constitution, is |
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21 | 21 | | amended to read as follows: |
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22 | 22 | | Sec. 7. The State shall be divided into judicial districts, |
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23 | 23 | | with each district having one or more Judges as may be provided by |
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24 | 24 | | law or by this Constitution. Each district judge shall be elected |
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25 | 25 | | by the qualified voters at a General Election and shall be a citizen |
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26 | 26 | | of the United States and of this State, who is licensed to practice |
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27 | 27 | | law in this State and has been a practicing lawyer or a Judge of a |
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28 | 28 | | Court in this State, or both combined, for eight [four (4)] years |
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29 | 29 | | next preceding the judge's [his] election, who has resided in the |
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30 | 30 | | district in which the judge [he] was elected for two [(2)] years |
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31 | 31 | | next preceding the judge's [his] election, and who shall reside in |
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32 | 32 | | the [his] district during the judge's [his] term of office and hold |
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33 | 33 | | [his] office for the period of four [(4)] years, and who shall |
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34 | 34 | | receive for the judge's [his] services an annual salary to be fixed |
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35 | 35 | | by the Legislature. The Court shall conduct its proceedings at the |
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36 | 36 | | county seat of the county in which the case is pending, except as |
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37 | 37 | | otherwise provided by law. The judge [He] shall hold the regular |
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38 | 38 | | terms of [his] Court at the County Seat of each County in the [his] |
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39 | 39 | | district in such manner as may be prescribed by law. The |
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40 | 40 | | Legislature shall have power by General or Special Laws to make such |
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41 | 41 | | provisions concerning the terms or sessions of each Court as it may |
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42 | 42 | | deem necessary. |
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43 | 43 | | The Legislature shall also provide for the holding of |
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44 | 44 | | District Court when the Judge thereof is absent, or is from any |
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45 | 45 | | cause disabled or disqualified from presiding. |
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46 | 46 | | SECTION 3. The following temporary provision is added to |
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47 | 47 | | the Texas Constitution: |
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48 | 48 | | TEMPORARY PROVISION. (a) This temporary provision applies |
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49 | 49 | | to the constitutional amendment proposed by the 86th Legislature, |
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50 | 50 | | Regular Session, 2019, increasing the amount of time a person must |
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51 | 51 | | have been a practicing lawyer or judge to be eligible to serve as a |
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52 | 52 | | supreme court justice, court of criminal appeals judge, court of |
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53 | 53 | | appeals justice, or district court judge. The constitutional |
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54 | 54 | | amendment takes effect January 1, 2020, and applies only to a person |
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55 | 55 | | elected on or after that date. |
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56 | 56 | | (b) This temporary provision expires January 1, 2027. |
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57 | 57 | | SECTION 4. This proposed constitutional amendment shall be |
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58 | 58 | | submitted to the voters at an election to be held November 5, 2019. |
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59 | 59 | | The ballot shall be printed to permit voting for or against the |
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60 | 60 | | proposition: "The constitutional amendment increasing the amount |
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61 | 61 | | of time a person must have been a practicing lawyer or judge to be |
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62 | 62 | | eligible to serve as a supreme court justice, court of criminal |
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63 | 63 | | appeals judge, court of appeals justice, or district court judge." |
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