Texas House Bill HJR119

Texas 2009 - 81st Regular

• Out of House Committee: 5/11/09

Caption

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 in a general or primary election 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, on announcing a candidacy or becoming a candidate for the legislature in a general or primary election, the person resigned that office.

Impact

If enacted, HJR119 would alter existing rules governing the eligibility of legislative members and their capacity to hold office concurrently with other positions. Currently, legislators can sometimes run for other offices while still serving their terms, leading to questions about their commitment and availability. This bill, by mandating resignation upon candidacy announcement, would ensure that the legislature is not in a state of transition or potential distraction during critical periods of governance. Supporters argue that this provision would foster greater accountability among lawmakers and mitigate any ethical concerns regarding divided loyalties.

Summary

HJR119 proposes a constitutional amendment that requires members of the Texas legislature to vacate their positions upon announcing their candidacy for another elective office when the unexpired portion of their current term exceeds one year. This proposal is designed to create a more defined procedure regarding the eligibility of sitting legislators who wish to run for other offices, thereby ensuring that those who are seeking to transition to new roles are no longer serving in the legislature. The amendment aims to clarify the responsibilities and commitment of legislative members to their current offices, especially during election cycles.

Contention

The discussion surrounding HJR119 may center around the implications of enforcing such a resignation requirement. Critics might argue that it could discourage qualified candidates from seeking legislative positions, as they would have to choose between their current roles and the uncertainties of election campaigns. Moreover, there could be concerns about the timing of elections and the implications of sudden vacancies within the legislature, particularly when such decisions are made close to election deadlines. This aspect of the bill could lead to debates about the accessibility of public office and the representation of various constituencies during elections.