HBA-EDN H.J.R. 17 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.J.R. 17
By: Gallego
Judicial Affairs
2/21/2001
Introduced



BACKGROUND AND PURPOSE 

Under current rules of the Texas Supreme Court, a judge must resign from
office upon becoming a candidate for public elective office, other than a
judicial office.   House Joint Resolution 17 proposes to amend the Texas
Constitution by defining when a judicial office becomes vacant and
codifying a rule promulgated by the Texas Supreme Court.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this resolution
does not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Joint Resolution 17 amends the Texas Constitution  to provide that a
person holding a judicial office who announces the person's candidacy or
otherwise becomes a candidate in any general, special, or primary  election
for any office of profit or trust under the laws of this state or the
United States, other than the office held or another judicial office,
vacates the judicial office on the date of the announcement or candidacy.
The resolution authorizes a person to continue to hold a judicial office if
the person becomes a candidate for or serves as a delegate in a state
constitutional convention.  The resolution provides that a vacancy created
under these terms is filled in the same manner as other vacancies in the
judicial office.  

FOR ELECTION

This proposed constitutional amendment shall be submitted to the voters at
an election to be held November 6, 2001.