81R11416 JRD-D
By: Homer H.J.R. No. 118
A JOINT RESOLUTION
proposing a constitutional amendment providing that a member of the
legislature or other person who holds elective office, other than a
municipal office with a term of two years or less, automatically
vacates the office held on announcing a candidacy or becoming a
candidate for another elective office when the unexpired portion of
the person's term of office exceeds one year and providing that a
person who holds another office is not eligible to serve in the
legislature during the term of the office held unless the person
resigned that office on announcing a candidacy or becoming a
candidate for the legislature.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 18 and 19, Article III, Texas
Constitution, are amended to read as follows:
Sec. 18. (a) A [No] Senator or Representative is not
[shall], during the term for which the Senator or Representative
[he] was elected, [be] eligible to:
(1) any appointed civil office of profit under this
State which shall have been created, or the emoluments of which may
have been increased, during such term; [,] or
(2) any office or place, the appointment to which may
be made, in whole or in part, by either branch of the Legislature.
(b) For purposes of Subsection (a)(1) of this section, [;
provided, however,] the fact that the term of office of Senators and
Representatives does not end precisely on the last day of December
but extends a few days into January of the succeeding year is [shall
be] considered as de minimis, and the ineligibility [herein]
created by that subsection ends [shall terminate] on the last day in
December of the last full calendar year of the term for which the
Senator or Representative [he] was elected.
(c) If a member of the Legislature announces the member's
candidacy, or in fact 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 then held,
at any time when the unexpired term of the office then held exceeds
one year, that announcement or candidacy constitutes an automatic
resignation of the office then held. The vacancy created by the
automatic resignation shall be filled as provided by Section 13 of
this article.
(d) No member of either House shall vote for any other
member for any office whatever, which may be filled by a vote of the
Legislature, except in such cases as are in this Constitution
provided.
(e) A [, nor shall any] member of the Legislature may not be
interested, either directly or indirectly, in any contract with the
State, or any county thereof, authorized by any law passed during
the term for which the member [he] was elected.
Sec. 19. A [No] judge of any court, Secretary of State,
Attorney General, clerk of any court of record, or other [any]
person holding a lucrative office under the United States, [or]
this State, or any foreign government is not, [shall] during the
term for which the person [he] is elected or appointed, [be]
eligible to serve in the Legislature unless, at the time the person
announced the person's candidacy, or in fact became a candidate, in
any general, special, or primary election for the Legislature, the
person resigned the office then held.
SECTION 2. Section 11(a), Article XI, Texas Constitution,
is amended to read as follows:
(a) A Home Rule City may provide by charter or charter
amendment, and a city, town or village operating under the general
laws may provide by majority vote of the qualified voters voting at
an election called for that purpose, for a longer term of office
than two [(2)] years for its officers, either elective or
appointive, or both, but not to exceed four [(4)] years. This
subsection does not affect [; provided, however, that] tenure under
Civil Service. City [shall not be affected hereby; provided,
however, that such] officers, elective or appointive, whose terms
exceed two years are subject to Section 65 [65(b)], Article XVI, of
this Constitution, providing for automatic resignation in certain
circumstances [, in the same manner as a county or district officer
to which that section applies].
SECTION 3. Section 65, Article XVI, Texas Constitution, is
amended to read as follows:
Sec. 65. (a) [This section applies to the following
offices: District Clerks; County Clerks; County Judges; Judges of
the County Courts at Law, County Criminal Courts, County Probate
Courts and County Domestic Relations Courts; County Treasurers;
Criminal District Attorneys; County Surveyors; County
Commissioners; Justices of the Peace; Sheriffs; Assessors and
Collectors of Taxes; District Attorneys; County Attorneys; Public
Weighers; and Constables.
[(b)] If a person holding an elective public office created
under this Constitution or other law of this State announces the
person's [any of the officers named herein shall announce their]
candidacy, or [shall] in fact becomes [become] 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 then held, at any time when the unexpired term of the
office then held exceeds [shall exceed] one [(1)] year, such
announcement or such candidacy constitutes [shall constitute] an
automatic resignation of the office then held. The [, and the]
vacancy [thereby] created by the automatic resignation shall be
filled pursuant to law in the same manner as other vacancies for
such office are filled.
(b) Subsection (a) of this section does not apply to a
person who holds a municipal office with a term of two years or
less.
SECTION 4. This proposed constitutional amendment shall be
submitted to the voters at an election to be held November 3, 2009.
The ballot shall be printed to permit voting for or against the
proposition: "The constitutional amendment providing that a member
of the legislature or other person who holds elective office, other
than a municipal office with a term of two years or less,
automatically vacates the office held on announcing a candidacy or
becoming a candidate for another elective office when the unexpired
portion of the person's term of office exceeds one year and
providing that a person who holds another office is not eligible to
serve in the legislature during the term of the office held unless
the person resigned that office on announcing a candidacy or
becoming a candidate for the legislature."