Bill Text: TX SJR47 | 2021-2022 | 87th Legislature | Enrolled

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Bill Title: Proposing a constitutional amendment changing the eligibility requirements for certain judicial offices.

Spectrum: Slight Partisan Bill (Republican 4-2)

Status: (Passed) 2021-05-20 - Filed with the Secretary of State [SJR47 Detail]

Download: Texas-2021-SJR47-Enrolled.html

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S.J.R. No. 47

proposing a constitutional amendment changing the eligibility
requirements for certain judicial offices.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2(b), Article V, Texas Constitution, is
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:
(1) is licensed to practice law in the State of Texas;
(2) [this state and] is, at the time of election, a
citizen of the United States and a resident of the State of Texas;
(3) [this state, and] has attained the age of
thirty-five years;
(4) [, and] has been either:
(A) a practicing lawyer licensed in the State of
Texas for at least ten years;[,] or
(B) 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 years; and
(5) during the time required by Subdivision (4) of
this subsection has not had the person's license to practice law
revoked, suspended, or subject to a probated suspension.
SECTION 2. Section 7, Article V, Texas Constitution, is
amended to read as follows:
Sec. 7. (a) 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.
(b) Each district judge shall be elected by the qualified
voters at a General Election. To be eligible for appointment or
election as a district judge, a person must:
(1) [and shall] be a citizen of the United States and a
resident of this State;
(2) be[, who is] licensed to practice law in this
State;
(3) have [and has] been a practicing lawyer or a Judge
of a Court in this State, or both combined, for eight [four (4)]
years next preceding the judge's [his] election, during which time
the judge's license to practice law has not been revoked,
suspended, or subject to a probated suspension;
(4) have [who has] resided in the district in which the
judge [he] was elected for two [(2)] years next preceding the [his]
election;[,] and
(5) [who shall] reside in the [his] district during
the judge's [his] term of office.
(c) A district judge shall [and] hold the [his] office for
the term [period] of four [(4)] years[,] and [who] shall receive for
the judge's [his] services an annual salary to be fixed by the
Legislature.
(d) A District [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 Court [He] shall hold the regular
terms [of his Court] at the County Seat of each County in the
Court's [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 District
Court as it may deem necessary.
(e) 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 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 87th Legislature,
Regular Session, 2021, changing the eligibility requirements for a
justice of the supreme court, a judge of the court of criminal
appeals, a justice of a court of appeals, and a district judge.
(b) The amendment to Section 2(b), Article V, of this
constitution takes effect January 1, 2022, and applies only to a
chief justice or other justice of the supreme court, a presiding
judge or other judge of the court of criminal appeals, or a chief
justice or other justice of a court of appeals who is first elected
for a term that begins on or after January 1, 2025, or who is
appointed on or after that date.
(c) The amendment to Section 7, Article V, of this
constitution takes effect January 1, 2022, and applies only to a
district judge who is first elected for a term that begins on or
after January 1, 2025, or who is appointed on or after that date.
(d) This temporary provision expires January 1, 2026.
SECTION 4. This proposed constitutional amendment shall be
submitted to the voters at an election to be held November 2, 2021.
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, a
judge of the court of criminal appeals, a justice of a court of
appeals, and a district judge."
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.J.R. No. 47 was adopted by the Senate
on April 27, 2021, by the following vote: Yeas 30, Nays 1.
______________________________
Secretary of the Senate
I hereby certify that S.J.R. No. 47 was adopted by the House
on May 18, 2021, by the following vote: Yeas 120, Nays 19, one
present not voting.
______________________________
Chief Clerk of the House
Received:
______________________________
Date
______________________________
Secretary of State