81R11418 JRD-D
By: Homer H.J.R. No. 120
A JOINT RESOLUTION
proposing a constitutional amendment providing that a 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.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. 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 2. 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 3. 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
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."