Texas 2009 - 81st Regular

Texas House Bill HJR120 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R11418 JRD-D
2	2	By: Homer H.J.R. No. 120
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4	4
5	5	A JOINT RESOLUTION
6	6	proposing a constitutional amendment providing that a person who
7	7	holds elective office, other than a municipal office with a term of
8	8	two years or less, automatically vacates the office held on
9	9	announcing a candidacy or becoming a candidate for another elective
10	10	office when the unexpired portion of the person's term of office
11	11	exceeds one year.
12	12	BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 11(a), Article XI, Texas Constitution,
14	14	is amended to read as follows:
15	15	(a) A Home Rule City may provide by charter or charter
16	16	amendment, and a city, town or village operating under the general
17	17	laws may provide by majority vote of the qualified voters voting at
18	18	an election called for that purpose, for a longer term of office
19	19	than two [(2)] years for its officers, either elective or
20	20	appointive, or both, but not to exceed four [(4)] years. This
21	21	subsection does not affect [; provided, however, that] tenure under
22	22	Civil Service. City [shall not be affected hereby; provided,
23	23	however, that such] officers, elective or appointive, whose terms
24	24	exceed two years are subject to Section 65 [65(b)], Article XVI, of
25	25	this Constitution, providing for automatic resignation in certain
26	26	circumstances [, in the same manner as a county or district officer
27	27	to which that section applies].
28	28	SECTION 2. Section 65, Article XVI, Texas Constitution, is
29	29	amended to read as follows:
30	30	Sec. 65. (a) [This section applies to the following
31	31	offices: District Clerks; County Clerks; County Judges; Judges of
32	32	the County Courts at Law, County Criminal Courts, County Probate
33	33	Courts and County Domestic Relations Courts; County Treasurers;
34	34	Criminal District Attorneys; County Surveyors; County
35	35	Commissioners; Justices of the Peace; Sheriffs; Assessors and
36	36	Collectors of Taxes; District Attorneys; County Attorneys; Public
37	37	Weighers; and Constables.
38	38	[(b)] If a person holding an elective public office created
39	39	under this constitution or other law of this state announces the
40	40	person's [any of the officers named herein shall announce their]
41	41	candidacy, or [shall] in fact becomes [become] a candidate, in any
42	42	General, Special or Primary Election, for any office of profit or
43	43	trust under the laws of this State or the United States other than
44	44	the office then held, at any time when the unexpired term of the
45	45	office then held exceeds [shall exceed] one [(1)] year, such
46	46	announcement or such candidacy constitutes [shall constitute] an
47	47	automatic resignation of the office then held. The [, and the]
48	48	vacancy [thereby] created by the automatic resignation shall be
49	49	filled pursuant to law in the same manner as other vacancies for
50	50	such office are filled.
51	51	(b) Subsection (a) of this section does not apply to a
52	52	person who holds a municipal office with a term of two years or
53	53	less.
54	54	SECTION 3. This proposed constitutional amendment shall be
55	55	submitted to the voters at an election to be held November 3, 2009.
56	56	The ballot shall be printed to permit voting for or against the
57	57	proposition: "The constitutional amendment providing that a
58	58	person who holds elective office, other than a municipal office
59	59	with a term of two years or less, automatically vacates the office
60	60	held on announcing a candidacy or becoming a candidate for another
61	61	elective office when the unexpired portion of the person's term of
62	62	office exceeds one year."