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

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

Spectrum: Slight Partisan Bill (Republican 10-5)

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

Download: Texas-2011-HJR61-Comm_Sub.html

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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."