By: Duncan S.J.R. No. 20
SENATE JOINT RESOLUTION
1-1 proposing a constitutional amendment to abolish the Judicial
1-2 Districts Board.
1-3 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 7a, Article V, Texas Constitution, is
1-5 amended to read as follows:
1-6 Sec. 7a. (a) The Legislative Redistricting Board
1-7 established by Article III, Section 28, of this constitution shall
1-8 make a statewide reapportionment of [Judicial Districts Board is
1-9 created to reapportion] the judicial districts authorized by
1-10 Article V, Section 7, of this constitution as provided by this
1-11 section.
1-12 (b) [The membership of the board consists of the Chief
1-13 Justice of the Texas Supreme Court who serves as chairman, the
1-14 presiding judge of the Texas Court of Criminal Appeals, the
1-15 presiding judge of each of the administrative judicial districts of
1-16 the state, the president of the Texas Judicial Council, and one
1-17 person who is licensed to practice law in this state appointed by
1-18 the governor with the advice and consent of the senate for a term
1-19 of four years. In the event of a vacancy in the appointed
1-20 membership, the vacancy is filled for the unexpired term in the
1-21 same manner as the original appointment.]
1-22 [(c)] A majority of the total membership of the board
1-23 constitutes a quorum for the transaction of business. The adoption
1-24 of a reapportionment order requires a majority vote of the total
2-1 membership of the board.
2-2 (c) [(d) The reapportionment powers of the board shall be
2-3 exercised in the interims between regular sessions of the
2-4 legislature, except that a reapportionment may not be ordered by
2-5 the board during an interim immediately following a regular session
2-6 of the legislature in which a valid and subsisting statewide
2-7 apportionment of judicial districts is enacted by the legislature.]
2-8 The board has other powers and duties as provided by the
2-9 legislature and shall exercise its powers under the policies,
2-10 rules, standards, and conditions, not inconsistent with this
2-11 section, that the legislature provides.
2-12 (d) [(e)] Unless the legislature enacts a statewide
2-13 reapportionment of the judicial districts following each federal
2-14 decennial census on or before June 1 of the third year following
2-15 the year in which the federal decennial census is taken, the board
2-16 shall convene not later than the first Monday of that June [of the
2-17 third year following the year in which the federal decennial census
2-18 is taken] to make a statewide reapportionment of the judicial
2-19 districts. The board shall complete its work on the
2-20 reapportionment and file its order with the secretary of state not
2-21 later than August 31 of the same year. [If the Judicial Districts
2-22 Board fails to make a statewide apportionment by that date, the
2-23 Legislative Redistricting Board established by Article III, Section
2-24 28, of this constitution shall make a statewide reapportionment of
2-25 the judicial districts not later than the 150th day after the final
2-26 day for the Judicial Districts Board to make the reapportionment.]
3-1 [(f) In addition to the statewide reapportionment, the board
3-2 may reapportion the judicial districts of the state as the
3-3 necessity for reapportionment appears by redesignating, in one or
3-4 more reapportionment orders, the county or counties that comprise
3-5 the specific judicial districts affected by those reapportionment
3-6 orders. In modifying any judicial district, no county having a
3-7 population as large or larger than the population of the judicial
3-8 district being reapportioned shall be added to the judicial
3-9 district.]
3-10 (e) [(g)] Except as provided by Subsection (f) [(i)] of this
3-11 section, this section does not limit the power of the legislature
3-12 to reapportion the judicial districts of the state, to increase the
3-13 number of judicial districts, or to provide for consequent matters
3-14 on reapportionment. The legislature may provide for the effect of
3-15 a reapportionment made by the board on pending cases or the
3-16 transfer of pending cases, for jurisdiction of a county court where
3-17 county court jurisdiction has been vested by law in a district
3-18 court affected by the reapportionment, for terms of the courts upon
3-19 existing officers and their duties, and for all other matters
3-20 affected by the reapportionment. The legislature may delegate any
3-21 of these powers to the board. The legislature shall provide for
3-22 the necessary expenses of the board.
3-23 (f) [(h) Any judicial reapportionment order adopted by the
3-24 board must be approved by a record vote of the majority of the
3-25 membership of both the senate and house of representatives before
3-26 such order can become effective and binding.]
4-1 [(i)] The legislature[, the Judicial Districts Board,] or
4-2 the Legislative Redistricting Board may not redistrict the judicial
4-3 districts to provide for any judicial district smaller in size than
4-4 an entire county except as provided by this subsection [section].
4-5 Judicial districts smaller in size than the entire county may be
4-6 created subsequent to a general election where a majority of the
4-7 persons voting on the proposition adopt the proposition "to allow
4-8 the division of ____________ County into judicial districts
4-9 composed of parts of ____________ County." No redistricting plan
4-10 may be proposed or adopted by the legislature[, the Judicial
4-11 Districts Board,] or the Legislative Redistricting Board in
4-12 anticipation of a future action by the voters of any county.
4-13 SECTION 2. This proposed constitutional amendment shall be
4-14 submitted to the voters at an election to be held on November 2,
4-15 1999. The ballot shall be printed to permit voting for or against
4-16 the following proposition: "The constitutional amendment to
4-17 abolish the Judicial Districts Board."
1998-1999
Texas Judicial Council Annual Report