Texas 2021 - 87th Regular

Texas Senate Bill SJR47 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.J.R. No. 47
	1	+	By: Huffman, et al. S.J.R. No. 47
	2	+	(Landgraf)
2	3
3	4
4	5		proposing a constitutional amendment changing the eligibility
5	6		requirements for certain judicial offices.
6	7		BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
7	8		SECTION 1. Section 2(b), Article V, Texas Constitution, is
8	9		amended to read as follows:
9	10		(b) No person shall be eligible to serve in the office of
10	11		Chief Justice or Justice of the Supreme Court unless the person:
11	12		(1) is licensed to practice law in the State of Texas;
12	13		(2) [this state and] is, at the time of election, a
13	14		citizen of the United States and a resident of the State of Texas;
14	15		(3) [this state, and] has attained the age of
15	16		thirty-five years;
16	17		(4) [, and] has been either:
17	18		(A) a practicing lawyer licensed in the State of
18	19		Texas for at least ten years;[,] or
19	20		(B) a practicing lawyer licensed in the State of
20	21		Texas and judge of a state court or county court established by the
21	22		Legislature by statute for a combined total of [court of record
22	23		together] at least ten years; and
23	24		(5) during the time required by Subdivision (4) of
24	25		this subsection has not had the person's license to practice law
25	26		revoked, suspended, or subject to a probated suspension.
26	27		SECTION 2. Section 7, Article V, Texas Constitution, is
27	28		amended to read as follows:
28	29		Sec. 7. (a) The State shall be divided into judicial
29	30		districts, with each district having one or more Judges as may be
30	31		provided by law or by this Constitution.
31	32		(b) Each district judge shall be elected by the qualified
32	33		voters at a General Election. To be eligible for appointment or
33	34		election as a district judge, a person must:
34	35		(1) [and shall] be a citizen of the United States and a
35	36		resident of this State;
36	37		(2) be[, who is] licensed to practice law in this
37	38		State;
38	39		(3) have [and has] been a practicing lawyer or a Judge
39	40		of a Court in this State, or both combined, for eight [four (4)]
40	41		years next preceding the judge's [his] election, during which time
41	42		the judge's license to practice law has not been revoked,
42	43		suspended, or subject to a probated suspension;
43	44		(4) have [who has] resided in the district in which the
44	45		judge [he] was elected for two [(2)] years next preceding the [his]
45	46		election;[,] and
46	47		(5) [who shall] reside in the [his] district during
47	48		the judge's [his] term of office.
48	49		(c) A district judge shall [and] hold the [his] office for
49	50		the term [period] of four [(4)] years[,] and [who] shall receive for
50	51		the judge's [his] services an annual salary to be fixed by the
51	52		Legislature.
52	53		(d) A District [The] Court shall conduct its proceedings at
53	54		the county seat of the county in which the case is pending, except
54	55		as otherwise provided by law. The Court [He] shall hold the regular
55	56		terms [of his Court] at the County Seat of each County in the
56	57		Court's [his] district in such manner as may be prescribed by law.
57	58		The Legislature shall have power by General or Special Laws to make
58	59		such provisions concerning the terms or sessions of each District
59	60		Court as it may deem necessary.
60	61		(e) The Legislature shall also provide for the holding of
61	62		District Court when the Judge thereof is absent, or is from any
62	63		cause disabled or disqualified from presiding.
63	64		SECTION 3. The following temporary provision is added to
64	65		the Texas Constitution:
65	66		TEMPORARY PROVISION. (a) This temporary provision applies
66	67		to the constitutional amendment proposed by the 87th Legislature,
67	68		Regular Session, 2021, changing the eligibility requirements for a
68	69		justice of the supreme court, a judge of the court of criminal
69	70		appeals, a justice of a court of appeals, and a district judge.
70	71		(b) The amendment to Section 2(b), Article V, of this
71	72		constitution takes effect January 1, 2022, and applies only to a
72	73		chief justice or other justice of the supreme court, a presiding
73	74		judge or other judge of the court of criminal appeals, or a chief
74	75		justice or other justice of a court of appeals who is first elected
75	76		for a term that begins on or after January 1, 2025, or who is
76	77		appointed on or after that date.
77	78		(c) The amendment to Section 7, Article V, of this
78	79		constitution takes effect January 1, 2022, and applies only to a
79	80		district judge who is first elected for a term that begins on or
80	81		after January 1, 2025, or who is appointed on or after that date.
81	82		(d) This temporary provision expires January 1, 2026.
82	83		SECTION 4. This proposed constitutional amendment shall be
83	84		submitted to the voters at an election to be held November 2, 2021.
84	85		The ballot shall be printed to provide for voting for or against the
85	86		proposition: "The constitutional amendment changing the
86	87		eligibility requirements for a justice of the supreme court, a
87	88		judge of the court of criminal appeals, a justice of a court of
88	89		appeals, and a district judge."
89		-	______________________________ ______________________________
90		-	President of the Senate Speaker of the House
91		-	I hereby certify that S.J.R. No. 47 was adopted by the Senate
92		-	on April 27, 2021, by the following vote: Yeas 30, Nays 1.
93		-	______________________________
94		-	Secretary of the Senate
95		-	I hereby certify that S.J.R. No. 47 was adopted by the House
96		-	on May 18, 2021, by the following vote: Yeas 120, Nays 19, one
97		-	present not voting.
98		-	______________________________
99		-	Chief Clerk of the House
100		-	Received:
101		-	______________________________
102		-	Date
103		-	______________________________
104		-	Secretary of State