Bill Text: TX HJR148 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Proposing a constitutional amendment providing for appointments to fill vacancies for certain judicial offices and for nonpartisan retention elections for those offices.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-04-15 - Left pending in committee [HJR148 Detail]
Download: Texas-2019-HJR148-Introduced.html
By: Landgraf | H.J.R. No. 148 |
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proposing a constitutional amendment providing for appointments to | ||
fill vacancies for certain judicial offices and for nonpartisan | ||
retention elections for those offices. | ||
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 2, Article V, Texas Constitution, is | ||
amended by amending Subsections (b) and (c) and adding Subsection | ||
(d) to read as follows: | ||
(b) No person shall be eligible to serve in the office of | ||
Chief Justice or Justice of the Supreme Court unless the person is | ||
licensed to practice law in this state and is, at the time of the | ||
appointment [ |
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state, and has attained the age of thirty-five years, and has been a | ||
practicing lawyer, or a lawyer and judge of a court of record | ||
together at least ten years. | ||
(c) The Chief Justice and [ |
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in accordance with Section 28(b) of this article. The Chief Justice | ||
and Justices shall be subject to retention or rejection on a | ||
nonpartisan ballot [ |
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qualified voters of the state as provided by the Legislature and [ |
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Section 28a of this article. [ |
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(d) The Chief Justice and Justices shall each receive the | ||
[ |
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SECTION 2. Section 4(a), Article V, Texas Constitution, is | ||
amended to read as follows: | ||
(a) The Court of Criminal Appeals shall consist of eight | ||
Judges and one Presiding Judge. The Judges shall have the same | ||
qualifications and receive the same compensation [ |
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[ |
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shall have the same qualifications and receive the same | ||
compensation [ |
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The Presiding Judge and the Judges shall be appointed in accordance | ||
with Section 28(b) of this article. The Presiding Judge and the | ||
Judges shall be subject to retention or rejection on a nonpartisan | ||
ballot [ |
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the Legislature [ |
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offices for a term provided by Section 28a of this article [ |
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SECTION 3. Sections 6(a) and (b), Article V, Texas | ||
Constitution, are amended to read as follows: | ||
(a) The state shall be divided into courts of appeals | ||
districts, with each district having a Chief Justice, two or more | ||
other Justices, and such other officials as may be provided by law. | ||
The Chief Justice and Justices shall have the qualifications | ||
prescribed for Justices of the Supreme Court and shall reside in the | ||
district the Chief Justice or Justice serves during the term of | ||
office. The Court of Appeals may sit in panels [ |
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authorized by law. The concurrence of a majority of the justices | ||
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The [ |
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co-extensive with the limits of their respective districts, which | ||
shall extend to all cases of which the District Courts or County | ||
Courts have original or appellate jurisdiction, under such | ||
restrictions and regulations as may be prescribed by law. | ||
Provided, that the decision of the [ |
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conclusive on all questions of fact brought before them on appeal or | ||
error. The [ |
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original and appellate, as may be prescribed by law. | ||
(b) Each Court [ |
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sessions at a place in its district to be designated by the | ||
Legislature, and at such time as may be prescribed by law. The | ||
Chief Justice and [ |
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with Section 28(b) of this article. The Chief Justice and Justices | ||
shall be subject to retention or rejection on a nonpartisan ballot | ||
[ |
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provided by the Legislature, [ |
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their offices for a term provided by Section 28a of this article, | ||
[ |
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compensation [ |
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SECTION 4. Section 7, Article V, Texas Constitution, is | ||
amended to read as follows: | ||
Sec. 7. (a) The State shall be divided into judicial | ||
districts, with each district having one or more Judges as may be | ||
provided by law or by this Constitution. | ||
(b) Except as provided by Subsection (c) of this section, | ||
each [ |
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at a General Election [ |
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term [ |
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filled under Section 28(a) of this article. | ||
(c) The initial appointment of a district judge shall be | ||
made under Section 28(b) of this article in a district that includes | ||
a county with a population above the threshold provided by the | ||
Legislature or a county where the voters have voted to have judicial | ||
offices filled under Section 28(b) of this article. After | ||
appointment, the district judge shall be subject to retention or | ||
rejection on a nonpartisan ballot by the qualified voters of the | ||
district as provided by the Legislature and shall hold their office | ||
for the term provided by Section 28a of this article. A vacancy in | ||
the office shall be filled under Section 28(a) of this article. | ||
(d) To be eligible for appointment or election to the office | ||
of district judge, a person shall be a citizen of the United States | ||
and a resident of this state who is licensed to practice law in this | ||
state, has been a practicing lawyer or a judge of a court of record, | ||
or both combined, for seven years preceding the judge's appointment | ||
or election, has attained the age of thirty-two, has resided in the | ||
district the judge will be appointed or elected to serve for at | ||
least two years preceding the date of the appointment or election, | ||
and continues to reside in the district during the judge's term of | ||
office. | ||
(e) A district judge [ |
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judge's [ |
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(f) A District [ |
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the county seat of the county in which the case is pending, except | ||
as otherwise provided by law. The District Court [ |
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the regular terms [ |
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in the District Court's [ |
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prescribed by law. The Legislature shall have power by General or | ||
Special Laws to make such provisions concerning the terms or | ||
sessions of each District Court as it may deem necessary. | ||
(g) The Legislature shall also provide for the holding of | ||
District Court when the Judge thereof is absent, or is from any | ||
cause disabled or disqualified from presiding. | ||
SECTION 5. Section 28, Article V, Texas Constitution, is | ||
amended to read as follows: | ||
Sec. 28. (a) Except as provided by Subsection (b), a [ |
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vacancy in the office of [ |
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the Governor until the next succeeding General Election for state | ||
officers, and at that election the voters shall fill the vacancy for | ||
the unexpired term. | ||
(b) | ||
A vacancy on the Supreme Court, the Court of Criminal | ||
Appeals, a Court of Appeals, a District Court in a district that | ||
includes a county with a population above the threshold provided by | ||
the Legislature, or a District Court in a district where the voters | ||
have voted to have district court vacancies filled by an | ||
appointment made under this subsection shall be filled by an | ||
appointment by the Governor with the advice and consent of the | ||
Senate and shall be subject to Section 28a of this article. Once a | ||
vacancy is filled by an appointment as provided by this subsection, | ||
a future vacancy shall be filled as provided by this subsection. | ||
(c) A vacancy in the office of County Judge or Justice of the | ||
Peace shall be filled by the Commissioners Court until the next | ||
succeeding General Election. | ||
SECTION 6. Article V, Texas Constitution, is amended by | ||
adding Sections 28a and 28b to read as follows: | ||
Sec. 28a. (a) A person appointed to fill a vacancy in a | ||
judicial office under Section 28(b) of this article may serve for an | ||
initial term that ends on January 1 of the first odd-numbered year | ||
occurring after the person takes office. The person may then serve | ||
without interruption for a term of 12 years following the initial | ||
term, subject to retention or rejection on a nonpartisan ballot by | ||
the qualified voters as provided by the Legislature. A position | ||
becomes vacant on December 31 of a person's 12th year in office. A | ||
person who completes a 12-year term may be reappointed to the | ||
office. | ||
(b) Unless a person dies, is declared ineligible, resigns, | ||
or withdraws from an election, the name of a person appointed to a | ||
judicial vacancy under Section 28(b) of this article shall appear | ||
on a nonpartisan ballot on the second and fourth general elections | ||
held in November of even-numbered years after the conclusion of the | ||
person's initial term in the office, at which the qualified voters | ||
of the state or district in which the person serves shall vote in a | ||
manner provided by the Legislature whether to retain the person in | ||
office. If the voters do not vote to retain a person in a judicial | ||
office, the office becomes vacant on December 31 of the year the | ||
election is held. A person who is not retained by the voters is not | ||
eligible for the next appointment to that office. | ||
Sec. 28b. (a) The Legislature shall provide for the | ||
membership, terms, and jurisdiction of one or more judicial | ||
appointments advisory boards to advise the Senate about a person's | ||
qualification to hold an office to which the person may be appointed | ||
under Section 28(b) of this article. | ||
(b) Notwithstanding Section 1, Article II, of this | ||
constitution, the members of a judicial appointments advisory board | ||
may be appointed by an official serving in any branch of the | ||
government as provided by law. | ||
(c) Before serving on the judicial appointments advisory | ||
board, a person shall take the following oath, "I swear or affirm | ||
that I will perform my duties on this board without prejudice and | ||
without regard to partisan affiliation, and my conclusions about | ||
the qualifications for a candidate for a position as a judge or | ||
justice will be based on the person's academic credentials, | ||
substantive legal experience, and reputation for competence, | ||
fairness, and integrity." | ||
SECTION 7. Section 30, Article V, Texas Constitution, is | ||
amended to read as follows: | ||
Sec. 30. Unless otherwise provided by this constitution, | ||
the [ |
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heretofore or hereafter created by the Legislature of this State, | ||
and all Criminal District Attorneys now or hereafter authorized by | ||
the laws of this State, shall be elected for a term of four years, | ||
and shall serve until their successors have qualified. | ||
SECTION 8. The following temporary provision is added to | ||
the Texas Constitution: | ||
TEMPORARY PROVISION. (a) This temporary provision applies | ||
to the constitutional amendment proposed by the 86th Legislature, | ||
Regular Session, 2019, providing for appointment to fill vacancies | ||
for certain judicial offices and for nonpartisan retention | ||
elections for those offices. | ||
(b) This constitutional amendment takes effect January 1, | ||
2020. | ||
(c) This temporary provision expires January 2, 2020. | ||
SECTION 9. This proposed constitutional amendment shall be | ||
submitted to the voters at an election to be held November 5, 2019. | ||
The ballot shall be printed to provide for voting for or against the | ||
proposition: "The constitutional amendment providing for | ||
appointments to fill vacancies in the offices of the supreme court, | ||
court of criminal appeals, courts of appeals, and certain district | ||
courts, for nonpartisan retention elections every four years for | ||
those offices, and for the creation of a judicial appointments | ||
advisory board." |