Texas House Bill HJR136

Texas 2009 - 81st Regular

Caption

Proposing a constitutional amendment disqualifying certain persons from service in the Legislature.

Impact

The proposed amendment carries profound implications for state laws governing eligibility for legislative service in Texas. Should it be enacted, it would effectively bar all individuals with felony convictions from holding office indefinitely, irrespective of any rehabilitation measures they may have completed. This is expected to reduce the pool of eligible candidates for legislative positions and potentially impact representation for communities from which these individuals originate. Additionally, it indicates a shift in the electorate's perspective, emphasizing a zero-tolerance approach to felony convictions in the context of public service.

Summary

HJR136 proposes a significant change to the Texas Constitution by introducing a disqualification for individuals with felony convictions from serving in the Legislature. This bill aims to amend Article III of the Texas Constitution by adding Section 7-a, which states that no person can be a member of either House if they have been finally convicted of a felony, regardless of whether they have served their sentence, including any term of incarceration, parole, or probation. This proposal reflects a broader movement toward accountability and integrity in public office by preventing those with certain criminal backgrounds from participating in legislative activities.

Contention

The bill is likely to incite debate about the implications of such disqualifications, especially regarding rehabilitation and second chances. Proponents may argue that maintaining high standards for those in public office justifies the amendment as a means to ensure integrity in governance. Conversely, opponents might view it as an impediment to reform and reintegration into society for individuals with felony backgrounds, suggesting that such exclusions fail to acknowledge the complexities of criminal justice and the need for community-based solutions. The broader societal questions around justice, equity, and the right to serve after rehabilitation are central to discussions on HJR136.