Bill Text: TX HJR61 | 2011-2012 | 82nd Legislature | Comm Sub


Bill Title: Proposing a constitutional amendment changing the terms of office of a district judge.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2011-05-05 - Statement(s) of vote recorded in Journal [HJR61 Detail]

Download: Texas-2011-HJR61-Comm_Sub.html
  82R17804 PMO-D
 
  By: Raymond H.J.R. No. 61
 
  Substitute the following for H.J.R. No. 61:
 
  By:  Hartnett C.S.H.J.R. No. 61
 
 
 
A JOINT RESOLUTION
  proposing a constitutional amendment changing the terms of office
  of a district judge.
         BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 7, Article V, Texas Constitution, is
  amended to read as follows:
         Sec. 7.  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. Each district judge shall be elected
  by the qualified voters at a General Election and shall be a citizen
  of the United States and of this State, who is licensed to practice
  law in this State and has been a practicing lawyer or a Judge of a
  Court in this State, or both combined, for four (4) years next
  preceding the judge's [his] election, who has resided in the
  district in which the judge [he] was elected for two (2) years next
  preceding the [his] election, and who shall reside in the [his]
  district during the judge's [his] term of office and hold the [his]
  office for the period of six (6) [four (4)] years, and who shall
  receive for the judge's [his] services an annual salary to be fixed
  by the Legislature. The Court shall conduct its proceedings at the
  county seat of the county in which the case is pending, except as
  otherwise provided by law. The judge [He] shall hold the regular
  terms of the judge's [his] Court at the County Seat of each County
  in the [his] district in such manner as may be prescribed by law.
  The Legislature shall have power by General or Special Laws to make
  such provisions concerning the terms or sessions of each Court as it
  may deem necessary.
         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 2.  Section 28, Article V, Texas Constitution, is
  amended by amending Subsection (a) and adding Subsection (c) to
  read as follows:
         (a)  A vacancy in the office of Chief Justice, Justice, or
  Judge of the Supreme Court, the Court of Criminal Appeals, or the
  Court of Appeals[, or the District Courts] shall be filled by 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.
         (c)  A vacancy in the office of Judge of a District Court
  shall be filled by the Governor until the next succeeding General
  Election for state officers, and at that election the voters shall
  fill the vacancy for a full term, as specified by Section 7, Article
  V, of this constitution.
         SECTION 3.  The following temporary provision is added to
  the Texas Constitution:
         TEMPORARY PROVISION. (a) This temporary provision applies
  to the constitutional amendment proposed by the 82nd Legislature,
  Regular Session, 2011, providing a six-year term for a district
  judge and providing that a person elected to fill a vacancy in the
  office of judge of a district court serves a full term.
         (b)  The amendments to Sections 7 and 28, Article V, of this
  constitution take effect January 1, 2012.  The amendment to Section
  7 applies only to the term of a district judge that begins on or
  after January 1, 2012. The term of a district judge who was elected
  or appointed before January 1, 2012, expires, unless the judge is
  otherwise removed as provided by law, at the end of the term to
  which the judge was elected or appointed.  On the expiration of that
  term, the length of the next elected term for the judge of that
  district is six years.
         (c)  This temporary provision expires January 1, 2016.
         SECTION 4.  This proposed constitutional amendment shall be
  submitted to the voters at an election to be held November 8, 2011.
  The ballot shall be printed to permit voting for or against the
  proposition: "The constitutional amendment to increase the term
  of a district judge to six years and to provide that a person
  elected to fill a vacancy in the office of judge of a district court
  serves a full term."
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