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A JOINT RESOLUTION
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proposing a constitutional amendment changing the terms of office |
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of a district judge. |
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BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 7, Article V, Texas Constitution, is |
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amended to read as follows: |
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Sec. 7. The State shall be divided into judicial districts, |
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with each district having one or more Judges as may be provided by |
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law or by this Constitution. Each district judge shall be elected |
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by the qualified voters at a General Election and shall be a citizen |
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of the United States and of this State, who is licensed to practice |
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law in this State and has been a practicing lawyer or a Judge of a |
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Court in this State, or both combined, for four (4) years next |
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preceding the judge's [his] election, who has resided in the |
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district in which the judge [he] was elected for two (2) years next |
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preceding the [his] election, and who shall reside in the [his] |
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district during the judge's [his] term of office and hold the [his] |
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office for the period of six (6) [four (4)] years, and who shall |
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receive for the judge's [his] services an annual salary to be fixed |
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by the Legislature. The Court shall conduct its proceedings at the |
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county seat of the county in which the case is pending, except as |
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otherwise provided by law. The judge [He] shall hold the regular |
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terms of the judge's [his] Court at the County Seat of each County |
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in the [his] district in such manner as may be prescribed by law. |
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The Legislature shall have power by General or Special Laws to make |
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such provisions concerning the terms or sessions of each Court as it |
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may deem necessary. |
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The Legislature shall also provide for the holding of |
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District Court when the Judge thereof is absent, or is from any |
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cause disabled or disqualified from presiding. |
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SECTION 2. Section 28, Article V, Texas Constitution, is |
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amended by amending Subsection (a) and adding Subsection (c) to |
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read as follows: |
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(a) A vacancy in the office of Chief Justice, Justice, or |
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Judge of the Supreme Court, the Court of Criminal Appeals, or the |
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Court of Appeals[, or the District Courts] shall be filled by the |
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Governor until the next succeeding General Election for state |
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officers, and at that election the voters shall fill the vacancy for |
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the unexpired term. |
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(c) A vacancy in the office of Judge of a District Court |
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shall be filled by the Governor until the next succeeding General |
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Election for state officers, and at that election the voters shall |
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fill the vacancy for a full term, as specified by Section 7, Article |
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V, of this constitution. |
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SECTION 3. The following temporary provision is added to |
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the Texas Constitution: |
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TEMPORARY PROVISION. (a) This temporary provision applies |
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to the constitutional amendment proposed by the 84th Legislature, |
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Regular Session, 2015, providing a six-year term for a district |
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judge and providing that a person elected to fill a vacancy in the |
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office of judge of a district court serves a full term. |
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(b) The amendments to Sections 7 and 28, Article V, of this |
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constitution take effect January 1, 2016. The amendment to Section |
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7 applies only to the term of a district judge that begins on or |
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after January 1, 2016. The term of a district judge who was elected |
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or appointed and began serving before January 1, 2016, expires, |
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unless the judge is otherwise removed as provided by law, at the end |
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of the term to which the judge was elected or appointed. On the |
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expiration of that term, the length of the next elected term for the |
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judge of that district is six years. |
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(c) This temporary provision expires January 1, 2020. |
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SECTION 4. This proposed constitutional amendment shall be |
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submitted to the voters at an election to be held November 3, 2015. |
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The ballot shall be printed to permit voting for or against the |
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proposition: "The constitutional amendment to increase the term |
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of a district judge to six years and to provide that a person |
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elected to fill a vacancy in the office of judge of a district court |
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serves a full term." |