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A JOINT RESOLUTION
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proposing a constitutional amendment for filling vacancies in |
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appellate judicial offices by appointment and for nonpartisan |
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retention elections for those offices. |
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BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2, Article V, Texas Constitution, is |
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amended by amending Subsections (b) and (c) and adding Subsection |
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(d) to read as follows: |
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(b) No person shall be eligible to serve in the office of |
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Chief Justice or Justice of the Supreme Court unless the person is |
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licensed to practice law in this state and is, at the time of |
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election or appointment, a citizen of the United States and of this |
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state, and has attained the age of thirty-five years, and has been a |
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practicing lawyer, or a lawyer and judge of a court of record |
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together at least ten years. |
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(c) On appointment to a vacancy, a Chief Justice or Justice |
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serves an initial term that ends January 1 of the third odd-numbered |
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year that occurs after the Chief Justice or Justice takes the oath |
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of office. At the end of the appointed term and of each successive |
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term, the Chief Justice or Justice [Said Justices] shall be |
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subject, in the manner provided by law, to retention or rejection on |
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a nonpartisan ballot [elected (three of them each two years)] by the |
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qualified voters of the state at a general election and if |
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retained[;] shall hold office for a term of [their offices] six |
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years. |
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(d) The Chief Justice and Justices[; and] shall each receive |
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the [such] compensation [as shall be] provided by law. |
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SECTION 2. Subsection (a), Section 4, Article V, Texas |
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Constitution, is amended to read as follows: |
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(a) The Court of Criminal Appeals shall consist of eight |
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Judges and one Presiding Judge. The Judges shall have the same |
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qualifications and receive the same salaries as the Associate |
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Justices of the Supreme Court, and the Presiding Judge shall have |
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the same qualifications and receive the same salary as the Chief |
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Justice of the Supreme Court. On appointment to a vacancy, a |
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Presiding Judge or Judge serves an initial term that ends January 1 |
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of the third odd-numbered year that occurs after the Presiding |
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Judge or Judge takes the oath of office. At the end of the appointed |
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term and of each successive term, the [The] Presiding Judge or Judge |
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[and the Judges] shall be subject, in the manner provided by law, to |
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retention or rejection on a nonpartisan ballot [elected] by the |
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qualified voters of the state at a general election and if retained |
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shall hold office [their offices] for a term of six years. |
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SECTION 3. Subsection (b), Section 6, Article V, Texas |
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Constitution, is amended to read as follows: |
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(b) Each of said Courts of Appeals shall hold its sessions |
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at a place in its district to be designated by the Legislature, and |
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at such time as may be prescribed by law. On appointment to a |
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vacancy, a Chief Justice or Justice serves an initial term that ends |
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January 1 of the third odd-numbered year that occurs after the Chief |
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Justice or Justice takes the oath of office. At the end of the |
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appointed term and of each successive term, the Chief Justice or |
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Justice [Said Justices] shall be subject, in the manner provided by |
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law, to retention or rejection on a nonpartisan ballot [elected] by |
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the qualified voters of their respective districts at a general |
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election and if retained shall hold office[,] for a term of six |
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years. The Chief Justice and Justices [and] shall receive for their |
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services the compensation [sum] provided by law. |
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SECTION 4. Section 28, Article V, Texas Constitution, is |
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amended to read as follows: |
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(a) A vacancy in the office of Chief Justice, Justice, or |
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Judge of the Supreme Court, the Court of Criminal Appeals, or the |
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Court of Appeals [, or the District Courts] shall be filled by the |
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Governor. In exercising its duty to provide advice and consent on |
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an appointment made by the Governor under Section 12, Article IV, of |
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this constitution, the senate by rule may provide for the |
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confirmation or rejection of a person appointed to fill a vacancy |
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described by this subsection during a recess of the senate by a |
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two-thirds vote of the membership of a committee of the senate |
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designated for that purpose. Notwithstanding a temporary |
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confirmation as provided by this section, Section 12, Article IV, |
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of this constitution applies to the appointee when the senate next |
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convenes. |
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(b) A vacancy in the District Courts shall be filled by the |
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Governor until the next succeeding General Election for state |
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officers, and at that election the voters shall fill the vacancy for |
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the unexpired term. |
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(c) [(b)] A vacancy in the office of County Judge or Justice |
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of the Peace shall be filled by the Commissioners Court until the |
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next succeeding General Election. |
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SECTION 5. The following temporary provision is added to |
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the Texas Constitution: |
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TEMPORARY PROVISION. (a) This temporary provision applies |
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to the constitutional amendment proposed by the 81st Legislature, |
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Regular Session, 2009, providing for appointment to fill vacancies |
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in appellate judicial offices and for nonpartisan retention |
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elections for those offices. |
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(b) The constitutional amendment takes effect January 1, |
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2010. |
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(c) This temporary provision expires January 2, 2010. |
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SECTION 6. This proposed constitutional amendment shall be |
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submitted to the voters at an election to be held November 3, 2009. |
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The ballot shall be printed to provide for voting for or against the |
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proposition: "The constitutional amendment providing for |
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appointment to fill vacancies in the offices of the justices and |
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judges of the appellate courts and for nonpartisan retention |
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elections for those offices." |