Bill Text: TX HB3061 | 2019-2020 | 86th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to an interim study regarding the method by which certain trial and appellate judges are selected.
Spectrum: Partisan Bill (Republican 12-0)
Status: (Introduced - Dead) 2019-04-25 - Committee report sent to Calendars [HB3061 Detail]
Download: Texas-2019-HB3061-Introduced.html
Bill Title: Relating to an interim study regarding the method by which certain trial and appellate judges are selected.
Spectrum: Partisan Bill (Republican 12-0)
Status: (Introduced - Dead) 2019-04-25 - Committee report sent to Calendars [HB3061 Detail]
Download: Texas-2019-HB3061-Introduced.html
By: Allison | H.B. No. 3061 |
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relating to an interim study 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. INTERIM COMMISSION; STUDY. (a) The Texas | ||
Interim 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; | ||
(3) justices of the courts of appeal; | ||
(4) justices of the Court of Criminal Appeals; and | ||
(5) justices of the Supreme Court of Texas. | ||
(b) The Commission must consider: | ||
(1) the fairness, effectiveness, and desirability of | ||
selecting a judicial officer described in Subsection (a) of this | ||
section through appointment elections or other means; | ||
(2) the relative merits of alternative methods for | ||
selecting a judicial officer described in Subsection (a) of this | ||
section, including: | ||
(A) maintaining the current system; | ||
(B) lifetime appointment by the Governor or | ||
statewide or local judicial selection commission, and consent by | ||
the senate; | ||
(C) appointment for a term by the Governor or | ||
statewide or local judicial selection commission, and consent by | ||
the senate; | ||
(D) appointment for a term by the Governor or | ||
statewide or local judicial selection commission, and consent by | ||
the senate, followed by a partisan election; | ||
(E) appointment for a term by the Governor or | ||
statewide or local judicial selection commission, and consent by | ||
the senate, followed by a nonpartisan election; | ||
(F) appointment for a term by the Governor or | ||
statewide or local judicial selection commission, and consent by | ||
the senate, followed by a retention election; | ||
(G) partisan election in judicial-only election; | ||
(H) non-partisan election in judicial-only | ||
election; and | ||
(I) any other method or combination of methods | ||
for selecting a judicial officer described in Subsection (a) of | ||
this section; and | ||
(3) other factors concerning selection of a judicial | ||
officer, including: | ||
(A) qualifications; | ||
(B) campaign finance and other cost factors; and | ||
(C) conflict of interest and other judicial | ||
ethics considerations. | ||
(c) The Interim Commission shall be composed of thirteen | ||
members, consisting of the following: | ||
(1) four members appointed by the Governor; | ||
(2) three senators appointed by the Lieutenant | ||
Governor; | ||
(3) three members of the House of Representatives | ||
appointed by the Speaker of the House of Representatives; | ||
(4) two members appointed by the Chief Justice of the | ||
Supreme Court of Texas; and | ||
(5) one member appointed by the president of the State | ||
Bar of Texas. | ||
(d) The members appointed by the Governor must be | ||
knowledgeable of and interested in the judicial system in Texas and | ||
include at least: | ||
(1) one person who is a member of the business or | ||
industry community; | ||
(2) one person who is a member of the civic community; | ||
and | ||
(3) one person who represents rural interests. | ||
(e) The appointments made by the Lieutenant Governor and | ||
Speaker of the House of Representatives must each consist of at | ||
least one member of the Democratic Party and one member of the | ||
Republican Party in both the Senate and the House of | ||
Representatives. | ||
(f) In making appointments under subsections (c)(1), (2), | ||
(3), and (4), the Governor, Lieutenant Governor, Speaker of the | ||
House of Representatives, and Chief Justice of the Supreme Court of | ||
Texas shall coordinate to ensure that the membership of the Interim | ||
Commission reflects, to the extent possible, the ethnic and | ||
geographic diversity of Texas. | ||
(g) PRESIDING OFFICER. The Governor shall designate the | ||
presiding officer from among the Interim Commission members. | ||
(h) The Interim Commission shall convene at the call of the | ||
presiding officer. | ||
(i) The Interim Commission has all other powers and duties | ||
provided to a special or select committee by the rules of the Senate | ||
and House of Representatives, by Subchapter B, Chapter 301, | ||
Government Code, and by policies of the Senate and House of | ||
Representatives committees on administration. | ||
(j) REPORT. Not later than January 11, 2021, the Interim | ||
Commission shall report the Interim Commission's findings and | ||
recommendations to the Lieutenant Governor, Governor, and the | ||
Speaker of the House of Representative. The Interim Commission | ||
shall include in its recommendations specific constitutional and | ||
statutory changes that appear necessary from the results of the | ||
Interims Commission's study. | ||
(k) COMPENSATION AND REIMBURSEMENT. A member of the Interim | ||
Commission is not entitled to compensation for service on the | ||
Interim Commission but is entitled to reimbursement of the actual | ||
and necessary expenses incurred in performing duties of the Interim | ||
Commission. All such reimbursements, and other necessary expenses | ||
of operation of the Interim Commission shall be paid from the | ||
contingent expense fund of the Senate and the contingent expense | ||
fund of the House of Representatives equally. | ||
(l) PUBLIC MEETINGS AND PUBLIC INFORMATION. | ||
(1) The Interim Commission may hold public meetings | ||
and receive public information as needed to fulfill its duties. | ||
( | ||
2) The Interim Commission is subject to chapters 551 | ||
and 552, Government Code. | ||
SECTION 2. ABOLITION OF Commission. The Interim Commission | ||
is abolished and this Act expires January 18, 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. |