By: Lewis	H.J.R. No. 126

	A JOINT RESOLUTION
	proposing a constitutional amendment changing the eligibility
	requirements for and changing the terms of office of certain
	judicial offices.
	BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Sections 2(b) and (c), Article V, Texas
	Constitution, are amended 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 the [this] state of Texas and is, at the
	time of election, a citizen of the United States and of the [this]
	state of Texas, and has attained the age of thirty-five years, and
	has been a practicing lawyer licensed in the state of Texas for at
	least ten consecutive years, or has been a practicing lawyer
	licensed in the state of Texas and judge of a state court or county
	court established by the Legislature by statute for a combined
	total of [court of record together] at least ten consecutive years,
	during which time the person's license to practice law has not been
	revoked, suspended, or subject to a probated suspension.
	(c)  Said Justices shall be elected [(three of them each two
	years)] by the qualified voters of the state at a general election;
	shall hold their offices for staggered terms of eight [six] years;
	and shall each receive such compensation as shall be provided by
	law.
	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 salaries as the Associate
	Justices of the Supreme Court, and the Presiding Judge shall have
	the same qualifications and receive the same salary as the Chief
	Justice of the Supreme Court. The Presiding Judge and the Judges
	shall be elected by the qualified voters of the state at a general
	election and shall hold their offices for staggered terms [a term]
	of eight [six] years.
	SECTION 3.  Section 6(b), Article V, Texas Constitution, is
	amended to read as follows:
	(b)  Each of said Courts of Appeals shall hold its sessions
	at a place in its district to be designated by the Legislature, and
	at such time as may be prescribed by law. Said Justices shall be
	elected by the qualified voters of their respective districts at a
	general election, for staggered terms [a term] of eight [six] years
	and shall receive for their services the sum provided by law.
	SECTION 4.  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 5.  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 6.  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, changing the eligibility requirements for a
	justice of the supreme court, a judge of the court of criminal
	appeals, and a justice of a court of appeals and changing the terms
	of office of those justices and judges and district judges.
	(b)  The amendment to Section 2(b), Article V, of this
	constitution takes effect January 1, 2012, and applies only to a
	chief justice or other justice of the supreme court, presiding
	judge or other judge of the court of criminal appeals, or chief
	justice or other justice of a court of appeals who is elected for a
	term that begins on or after that date, or who is appointed on or
	after that date.
	(c)  The amendment to Section 2(c), Article V, of this
	constitution takes effect January 1, 2012, and applies only to the
	term of a chief justice or justice of the supreme court that begins
	on the expiration of the term the length of which is prescribed by
	the subdivisions of this subsection. The term of a chief justice or
	justice of the supreme court who was elected or appointed before
	January 1, 2012, expires, unless the justice is otherwise removed
	as provided by law, at the end of the term to which the justice was
	elected or appointed. On the expiration of that term, the length of
	the next elected term for the chief justice or justice, unless
	otherwise removed as provided by law, is as follows:
	(1)  the three persons serving as justices of the
	supreme court whose terms to which the persons were elected or
	appointed expire on December 31, 2012, shall draw lots to determine
	the two of their places on the court for which justices will be
	elected at the general election for state officers held in 2012 to
	serve six-year terms, and the one of their places on the court for
	which a justice will be elected at the general election for state
	officers held in 2012 to serve an eight-year term;
	(2)  the person elected to serve as chief justice of the
	supreme court at the general election for state officers held in
	2014 will serve an eight-year term;
	(3)  the other two persons serving as justices of the
	supreme court whose terms to which the persons were elected or
	appointed expire on December 31, 2014, shall draw lots to determine
	the one of their places on the court for which a justice will be
	elected at the general election for state officers held in 2014 to
	serve a six-year term, and the one of their places on the court for
	which a justice will be elected at the general election for state
	officers held in 2014 to serve an eight-year term; and
	(4)  the persons elected to serve as justices of the
	supreme court at the general election for state officers held in
	2016 will serve eight-year terms.
	(d)  The amendment to Section 4(a), Article V, of this
	constitution takes effect January 1, 2012, and applies only to the
	term of a presiding judge or other judge of the court of criminal
	appeals that begins on the expiration of the term the length of
	which is prescribed by the subdivisions of this subsection.  The
	term of a presiding judge or other judge of the court of criminal
	appeals 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 presiding judge or other judge, unless otherwise removed as
	provided by law, is as follows:
	(1)  the person elected to serve as presiding judge of
	the court of criminal appeals at the general election for state
	officers held in 2012 will serve an eight-year term;
	(2)  the other two persons elected to serve as judges of
	the court of criminal appeals at the general election for state
	officers held in 2012 will serve six-year terms;
	(3)  the three persons serving as judges of the court of
	criminal appeals whose terms to which the persons were elected or
	appointed expire on December 31, 2014, shall draw lots to determine
	the two of their places on the court for which judges will be
	elected at the general election for state officers held in 2014 to
	serve eight-year terms, and the one of their places on the court for
	which a judge will be elected at the general election for state
	officers held in 2014 to serve a six-year term; and
	(4)  the persons elected to serve as judges of the court
	of criminal appeals at the general election for state officers held
	in 2016 will serve eight-year terms.
	(e)  The amendment to Section 6(b), Article V, of this
	constitution takes effect January 1, 2012, and applies only to the
	term of a chief justice or other justice of a court of appeals that
	begins on the expiration of the term the length of which is
	prescribed by the subdivisions of this subsection. The term of a
	chief justice or other justice of a court of appeals who was elected
	or appointed before January 1, 2012, expires, unless the justice is
	otherwise removed as provided by law, at the end of the term to
	which the justice was elected or appointed. On the expiration of
	that term, the length of the next elected term for the chief justice
	or other justice, unless otherwise removed as provided by law, is as
	follows:
	(1)  for the First Court of Appeals:
	(A)  the five persons serving as justices whose
	terms to which the persons were elected or appointed expire on
	December 31, 2012, shall draw lots to determine the two of their
	places on the court for which justices will be elected at the
	general election for state officers held in 2012 to serve six-year
	terms, and the three of their places on the court for which justices
	will be elected at the general election for state officers held in
	2012 to serve eight-year terms;
	(B)  the persons elected to serve as justices at
	the general election for state officers held in 2014 will serve
	eight-year terms;
	(C)  the person elected to serve as chief justice
	at the general election for state officers held in 2016 will serve
	an eight-year term; and
	(D)  the other person elected to serve as a
	justice at the general election for state officers held in 2016 will
	serve an eight-year term;
	(2)  for the Second Court of Appeals:
	(A)  the person elected to serve as chief justice
	at the general election for state officers held in 2012 will serve
	an eight-year term;
	(B)  the other three persons serving as justices
	whose terms to which the persons were elected or appointed expire on
	December 31, 2012, shall draw lots to determine the one of their
	places on the court for which a justice will be elected at the
	general election for state officers held in 2012 to serve an
	eight-year term, and the two of their places on the court for which
	justices will be elected at the general election for state officers
	held in 2012 to serve six-year terms;
	(C)  the persons elected to serve as justices at
	the general election for state officers held in 2014 will serve
	eight-year terms; and
	(D)  the person elected to serve as justice at the
	general election for state officers held in 2016 will serve an
	eight-year term;
	(3)  for the Third Court of Appeals:
	(A)  the four persons serving as justices whose
	terms to which the persons were elected or appointed expire on
	December 31, 2012, shall draw lots to determine the two of their
	places on the court for which justices will be elected at the
	general election for state officers held in 2012 to serve six-year
	terms, and the two of their places on the court for which justices
	will be elected at the general election for state officers held in
	2012 to serve eight-year terms;
	(B)  the person elected to serve as chief justice
	at the general election for state officers held in 2014 will serve
	an eight-year term; and
	(C)  the person elected to serve as justice at the
	general election for state officers held in 2016 will serve an
	eight-year term;
	(4)  for the Fourth Court of Appeals:
	(A)  the five persons serving as justices whose
	terms to which the persons were elected or appointed expire on
	December 31, 2012, shall draw lots to determine the two of their
	places on the court for which justices will be elected at the
	general election for state officers held in 2012 to serve six-year
	terms, and the three of their places on the court for which justices
	will be elected at the general election for state officers held in
	2012 to serve eight-year terms;
	(B)  the person elected to serve as chief justice
	at the general election for state officers held in 2014 will serve
	an eight-year term; and
	(C)  the person elected to serve as justice at the
	general election for state officers held in 2016 will serve an
	eight-year term;
	(5)  for the Fifth Court of Appeals:
	(A)  the person elected to serve as chief justice
	at the general election for state officers held in 2012 will serve
	an eight-year term;
	(B)  the other seven persons serving as justices
	whose terms to which the persons were elected or appointed expire on
	December 31, 2012, shall draw lots to determine the four of their
	places on the court for which justices will be elected at the
	general election for state officers held in 2012 to serve six-year
	terms, and the three of their places on the court for which justices
	will be elected at the general election for state officers held in
	2012 to serve eight-year terms;
	(C)  the persons elected to serve as justices at
	the general election for state officers held in 2014 will serve an
	eight-year term; and
	(D)  the persons elected to serve as justices at
	the general election for state officers held in 2016 will serve
	eight-year terms;
	(6)  for the Sixth Court of Appeals:
	(A)  the person elected to serve as a justice at
	the general election for state officers held in 2012 will serve an
	eight-year term;
	(B)  the person elected to serve as a justice at
	the general election for state officers held in 2014 will serve an
	eight-year term; and
	(C)  the person elected to serve as chief justice
	at the general election for state officers held in 2016 will serve
	an eight-year term;
	(7)  for the Seventh Court of Appeals:
	(A)  the two persons serving as justices whose
	terms to which the persons were elected or appointed expire on
	December 31, 2012, shall draw lots to determine the one of their
	places on the court for which a justice will be elected at the
	general election for state officers held in 2012 to serve a six-year
	term, and the one of their places on the court for which a justice
	will be elected at the general election for state officers held in
	2012 to serve an eight-year term;
	(B)  the person elected to serve as chief justice
	at the general election for state officers held in 2014 will serve
	an eight-year term; and
	(C)  the person elected to serve as justice at the
	general election for state officers held in 2016 will serve an
	eight-year term;
	(8)  for the Eighth Court of Appeals:
	(A)  the two persons serving as justices whose
	terms to which the persons were elected or appointed expire on
	December 31, 2012, shall draw lots to determine the one of their
	places on the court for which a justice will be elected at the
	general election for state officers held in 2012 to serve a six-year
	term, and the one of their places on the court for which a justice
	will be elected at the general election for state officers held in
	2012 to serve an eight-year term; and
	(B)  the person elected to serve as chief justice
	at the general election for state officers held in 2014 will serve
	an eight-year term;
	(9)  for the Ninth Court of Appeals:
	(A)  the two persons serving as justices whose
	terms to which the persons were elected or appointed expire on
	December 31, 2012, shall draw lots to determine the one of their
	places on the court for which a justice will be elected at the
	general election for state officers held in 2012 to serve a six-year
	term, and the one of their places on the court for which a justice
	will be elected at the general election for state officers held in
	2012 to serve an eight-year term;
	(B)  the person elected to serve as chief justice
	at the general election for state officers held in 2014 will serve
	an eight-year term; and
	(C)  the person elected to serve as justice at the
	general election for state officers held in 2016 will serve an
	eight-year term;
	(10)  for the Tenth Court of Appeals:
	(A)  the person elected to serve as chief justice
	at the general election for state officers held in 2012 will serve
	an eight-year term;
	(B)  the person elected to serve as justice at the
	general election for state officers held in 2014 will serve an
	eight-year term; and
	(C)  the person elected to serve as justice at the
	general election for state officers held in 2016 will serve an
	eight-year term;
	(11)  for the Eleventh Court of Appeals:
	(A)  the person elected to serve as chief justice
	at the general election for state officers held in 2012 will serve
	an eight-year term;
	(B)  the person elected to serve as justice at the
	general election for state officers held in 2014 will serve an
	eight-year term; and
	(C)  the person elected to serve as justice at the
	general election for state officers held in 2016 will serve an
	eight-year term;
	(12)  for the Twelfth Court of Appeals:
	(A)  the person elected to serve as justice at the
	general election for state officers held in 2012 will serve an
	eight-year term;
	(B)  the person elected to serve as chief justice
	at the general election for state officers held in 2014 will serve
	an eight-year term; and
	(C)  the person elected to serve as justice at the
	general election for state officers held in 2016 will serve an
	eight-year term;
	(13)  for the Thirteenth Court of Appeals:
	(A)  the person elected to serve as chief justice
	at the general election for state officers held in 2012 will serve
	an eight-year term;
	(B)  the other three persons serving as justices
	whose terms to which the persons were elected or appointed expire on
	December 31, 2012, shall draw lots to determine the two of their
	places on the court for which justices will be elected at the
	general election for state officers held in 2012 to serve six-year
	terms, and the one of their places on the court for which a justice
	will be elected at the general election for state officers held in
	2012 to serve an eight-year term;
	(C)  the person elected to serve as justice at the
	general election for state officers held in 2014 will serve an
	eight-year term; and
	(D)  the person elected to serve as justice at the
	general election for state officers held in 2016 will serve an
	eight-year term; and
	(14)  for the Fourteenth Court of Appeals:
	(A)  the five persons serving as justices whose
	terms to which the persons were elected or appointed expire on
	December 31, 2012, shall draw lots to determine the two of their
	places on the court for which justices will be elected at the
	general election for state officers held in 2012 to serve six-year
	terms, and the three of their places on the court for which justices
	will be elected at the general election for state officers held in
	2012 to serve eight-year terms;
	(B)  the person elected to serve as chief justice
	at the general election for state officers held in 2014 will serve
	an eight-year term;
	(C)  the person elected to serve as justice at the
	general election for state officers held in 2014 will serve an
	eight-year term; and
	(D)  the persons elected to serve as justices at
	the general election for state officers held in 2016 will serve
	eight-year terms.
	(f)  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 eight years.
	(g)  This temporary provision expires January 1, 2026.
	SECTION 7.  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 provide for voting for or against the
	proposition: "The constitutional amendment changing the
	eligibility requirements for a justice of the supreme court, judge
	of the court of criminal appeals, and justice of a court of appeals
	and changing the terms of office of those justices and judges and
	district judges."