85R12945 CAE-D     By: Smithee H.J.R. No. 10       A JOINT RESOLUTION   proposing a constitutional amendment changing the eligibility   requirements for and 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 State of Texas [this state] and is,   at the time of election, a citizen of the United States and of the   State of Texas [this state], 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of record together] at least ten   consecutive years, during which time the person's license to   practice law has not been revoked, suspended, or subject to a   probated suspension.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 [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 85th Legislature,   Regular Session, 2017, 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, 2018, and applies only to a   chief justice or other justice of the supreme court 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, 2018, 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, 2018, 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, 2018, 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 2018 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 2018 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   2020 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, 2020, 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 2020 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 2020 to serve an eight-year term; and                (4)  the three persons serving as justices of the   supreme court whose terms to which the persons were elected or   appointed expire on December 31, 2022, 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 2022 to   serve a six-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 2022 to serve an eight-year term.          (d)  The amendment to Section 4(a), Article V, of this   constitution takes effect January 1, 2018, 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, 2018,   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 2018 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 2018 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, 2020, 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 2020 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 2020 to serve a six-year term; and                (4)  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, 2022, 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 2022 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 2022 to serve a six-year term.          (e)  The amendment to Section 6(b), Article V, of this   constitution takes effect January 1, 2018, 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, 2018, 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, 2018, 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 2018 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   2018 to serve eight-year terms;                      (B)  the persons elected to serve as justices at   the general election for state officers held in 2020 will serve   eight-year terms;                      (C)  the person elected to serve as chief justice   at the general election for state officers held in 2022 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 2022 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 2018 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, 2018, 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 2018 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 2018 to serve six-year terms;                      (C)  the persons elected to serve as justices at   the general election for state officers held in 2020 will serve   eight-year terms; and                      (D)  the person elected to serve as a justice at   the general election for state officers held in 2022 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, 2018, 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 2018 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   2018 to serve eight-year terms;                      (B)  the person elected to serve as chief justice   at the general election for state officers held in 2020 will serve   an eight-year term; and                      (C)  the person elected to serve as a justice at   the general election for state officers held in 2022 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, 2018, 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 2018 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   2018 to serve eight-year terms;                      (B)  the person elected to serve as chief justice   at the general election for state officers held in 2020 will serve   an eight-year term; and                      (C)  the person elected to serve as a justice at   the general election for state officers held in 2022 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 2018 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, 2018, 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 2018 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   2018 to serve eight-year terms;                      (C)  the persons elected to serve as justices at   the general election for state officers held in 2020 will serve an   eight-year term; and                      (D)  the persons elected to serve as justices at   the general election for state officers held in 2022 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 2018 will serve an   eight-year term;                      (B)  the person elected to serve as a justice at   the general election for state officers held in 2020 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 2022 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, 2018, 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 2018 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   2018 to serve an eight-year term;                      (B)  the person elected to serve as chief justice   at the general election for state officers held in 2020 will serve   an eight-year term; and                      (C)  the person elected to serve as a justice at   the general election for state officers held in 2022 will serve an   eight-year term;                (8)  for the Eighth Court of Appeals:                      (A)  the person elected to serve as a justice at   the general election for state officers held in 2018 will serve an   eight-year term;                      (B)  the person elected to serve as a justice at   the general election for state officers held in 2022 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 2020 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, 2018, 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 2018 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   2018 to serve an eight-year term;                      (B)  the person elected to serve as chief justice   at the general election for state officers held in 2020 will serve   an eight-year term; and                      (C)  the person elected to serve as a justice at   the general election for state officers held in 2022 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 2018 will serve   an eight-year term;                      (B)  the person elected to serve as a justice at   the general election for state officers held in 2020 will serve an   eight-year term; and                      (C)  the person elected to serve as a justice at   the general election for state officers held in 2022 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 2018 will serve   an eight-year term;                      (B)  the person elected to serve as justice at the   general election for state officers held in 2020 will serve an   eight-year term; and                      (C)  the person elected to serve as a justice at   the general election for state officers held in 2022 will serve an   eight-year term;                (12)  for the Twelfth Court of Appeals:                      (A)  the person elected to serve as a justice at   the general election for state officers held in 2018 will serve an   eight-year term;                      (B)  the person elected to serve as chief justice   at the general election for state officers held in 2020 will serve   an eight-year term; and                      (C)  the person elected to serve as a justice at   the general election for state officers held in 2022 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 2018 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, 2018, 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 2018 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   2018 to serve an eight-year term;                      (C)  the person elected to serve as a justice at   the general election for state officers held in 2020 will serve an   eight-year term; and                      (D)  the person elected to serve as a justice at   the general election for state officers held in 2022 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, 2018, 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 2018 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   2018 to serve eight-year terms;                      (B)  the person elected to serve as chief justice   at the general election for state officers held in 2020 will serve   an eight-year term;                      (C)  the person elected to serve as justice at the   general election for state officers held in 2020 will serve an   eight-year term; and                      (D)  the persons elected to serve as justices at   the general election for state officers held in 2022 will serve   eight-year terms.          (f)  The amendments to Sections 7 and 28, Article V, of this   constitution take effect January 1, 2018.  The amendment to Section   7 applies only to the term of a district judge that begins on or   after January 1, 2018. The term of a district judge who was elected   or appointed before January 1, 2018, 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.          (g)  This temporary provision expires January 1, 2032.          SECTION 7.  This proposed constitutional amendment shall be   submitted to the voters at an election to be held November 7, 2017.   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."