| 1 | 1 | | 81R31491 JRD-D |
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| 2 | 2 | | By: Homer, Harless H.J.R. No. 119 |
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| 3 | 3 | | Substitute the following for H.J.R. No. 119: |
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| 4 | 4 | | By: Gallego C.S.H.J.R. No. 119 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A JOINT RESOLUTION |
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| 8 | 8 | | proposing a constitutional amendment providing that a member of the |
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| 9 | 9 | | legislature automatically vacates the office held on announcing a |
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| 10 | 10 | | candidacy or becoming a candidate for another elective office in a |
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| 11 | 11 | | general or primary election when the unexpired portion of the |
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| 12 | 12 | | member's term of office exceeds one year and providing that a person |
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| 13 | 13 | | who holds another office is not eligible to serve in the legislature |
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| 14 | 14 | | during the term of the office held unless, on announcing a candidacy |
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| 15 | 15 | | or becoming a candidate for the legislature in a general or primary |
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| 16 | 16 | | election, the person resigned that office. |
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| 17 | 17 | | BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 18 | 18 | | SECTION 1. Sections 18 and 19, Article III, Texas |
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| 19 | 19 | | Constitution, are amended to read as follows: |
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| 20 | 20 | | Sec. 18. (a) A [No] Senator or Representative is not |
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| 21 | 21 | | [shall], during the term for which the Senator or Representative |
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| 22 | 22 | | [he] was elected, [be] eligible to: |
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| 23 | 23 | | (1) any appointed civil office of profit under this |
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| 24 | 24 | | State which shall have been created, or the emoluments of which may |
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| 25 | 25 | | have been increased, during such term; [,] or |
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| 26 | 26 | | (2) any office or place, the appointment to which may |
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| 27 | 27 | | be made, in whole or in part, by either branch of the Legislature. |
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| 28 | 28 | | (b) For purposes of Subsection (a)(1) of this section, [; |
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| 29 | 29 | | provided, however,] the fact that the term of office of Senators and |
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| 30 | 30 | | Representatives does not end precisely on the last day of December |
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| 31 | 31 | | but extends a few days into January of the succeeding year is [shall |
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| 32 | 32 | | be] considered as de minimis, and the ineligibility [herein] |
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| 33 | 33 | | created by that subsection ends [shall terminate] on the last day in |
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| 34 | 34 | | December of the last full calendar year of the term for which the |
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| 35 | 35 | | Senator or Representative [he] was elected. |
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| 36 | 36 | | (c) If a member of the Legislature announces the member's |
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| 37 | 37 | | candidacy, or in fact becomes a candidate, in any general or primary |
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| 38 | 38 | | election for any office of profit or trust under the laws of this |
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| 39 | 39 | | State or the United States other than the office then held, at any |
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| 40 | 40 | | time when the unexpired term of the office then held exceeds one |
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| 41 | 41 | | year, that announcement or candidacy constitutes an automatic |
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| 42 | 42 | | resignation of the office then held. The vacancy created by the |
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| 43 | 43 | | automatic resignation shall be filled as provided by Section 13 of |
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| 44 | 44 | | this article. |
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| 45 | 45 | | (d) No member of either House shall vote for any other |
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| 46 | 46 | | member for any office whatever, which may be filled by a vote of the |
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| 47 | 47 | | Legislature, except in such cases as are in this Constitution |
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| 48 | 48 | | provided. |
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| 49 | 49 | | (e) A [, nor shall any] member of the Legislature may not be |
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| 50 | 50 | | interested, either directly or indirectly, in any contract with the |
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| 51 | 51 | | State, or any county thereof, authorized by any law passed during |
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| 52 | 52 | | the term for which the member [he] was elected. |
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| 53 | 53 | | Sec. 19. A [No] judge of any court, Secretary of State, |
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| 54 | 54 | | Attorney General, clerk of any court of record, or other [any] |
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| 55 | 55 | | person holding a lucrative office under the United States, [or] |
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| 56 | 56 | | this State, or any foreign government is not, [shall] during the |
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| 57 | 57 | | term for which the person [he] is elected or appointed, [be] |
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| 58 | 58 | | eligible to serve in the Legislature unless, at the time the person |
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| 59 | 59 | | announced the person's candidacy, or in fact became a candidate, in |
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| 60 | 60 | | any general or primary election for the Legislature, the person |
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| 61 | 61 | | resigned the office then held. |
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| 62 | 62 | | SECTION 2. This proposed constitutional amendment shall be |
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| 63 | 63 | | submitted to the voters at an election to be held November 3, 2009. |
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| 64 | 64 | | The ballot shall be printed to permit voting for or against the |
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| 65 | 65 | | proposition: "The constitutional amendment providing that a member |
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| 66 | 66 | | of the legislature automatically vacates the office held on |
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| 67 | 67 | | announcing a candidacy or becoming a candidate for another elective |
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| 68 | 68 | | office in a general or primary election when the unexpired portion |
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| 69 | 69 | | of the member's term of office exceeds one year and providing that a |
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| 70 | 70 | | person who holds another office is not eligible to serve in the |
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| 71 | 71 | | legislature during the term of the office held unless, on |
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| 72 | 72 | | announcing a candidacy or becoming a candidate for the legislature |
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| 73 | 73 | | in a general or primary election, the person resigned that office." |
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