81R11417 JRD-D
By: Homer H.J.R. No. 119
A JOINT RESOLUTION
proposing a constitutional amendment providing that a member of the
legislature automatically vacates the office held on announcing a
candidacy or becoming a candidate for another elective office when
the unexpired portion of the member'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. 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 automatically vacates the office held on
announcing a candidacy or becoming a candidate for another elective
office when the unexpired portion of the member'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."