| 1 | 1 | | 81R50 JRD-D |
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| 2 | 2 | | By: Carona S.J.R. No. 30 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A JOINT RESOLUTION |
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| 6 | 6 | | proposing a constitutional amendment to provide that the governor's |
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| 7 | 7 | | absence from the state, and the lieutenant governor's absence from |
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| 8 | 8 | | the state when acting as governor, do not affect the person's |
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| 9 | 9 | | ability to serve as governor if the person maintains effective |
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| 10 | 10 | | communication links with this state. |
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| 11 | 11 | | BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 16(c), Article IV, Texas Constitution, |
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| 13 | 13 | | is amended to read as follows: |
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| 14 | 14 | | (c) In the case of the temporary inability or temporary |
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| 15 | 15 | | disqualification of the Governor to serve or[,] the impeachment of |
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| 16 | 16 | | the Governor, [or the absence of the Governor from the State,] the |
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| 17 | 17 | | Lieutenant Governor shall exercise the powers and authority |
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| 18 | 18 | | appertaining to the office of Governor until the Governor becomes |
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| 19 | 19 | | able or qualified to resume serving or[,] is acquitted[, or returns |
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| 20 | 20 | | to the State]. The Governor's absence from the state does not affect |
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| 21 | 21 | | the Governor's ability to serve if the Governor maintains effective |
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| 22 | 22 | | communication links with this state during the absence. |
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| 23 | 23 | | SECTION 2. Section 17(a), Article IV, Texas Constitution, |
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| 24 | 24 | | is amended to read as follows: |
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| 25 | 25 | | (a) If, while exercising the powers and authority |
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| 26 | 26 | | appertaining to the office of Governor under Section 16(c) of this |
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| 27 | 27 | | article, the Lieutenant Governor becomes temporarily unable or |
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| 28 | 28 | | disqualified to serve or[,] is impeached, [or is absent from the |
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| 29 | 29 | | State,] the President pro tempore of the Senate, for the time being, |
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| 30 | 30 | | shall exercise the powers and authority appertaining to the office |
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| 31 | 31 | | of Governor until the Governor or Lieutenant Governor reassumes |
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| 32 | 32 | | those powers and duties. The absence of the Governor or Lieutenant |
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| 33 | 33 | | Governor from the state does not affect the person's ability to |
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| 34 | 34 | | serve as Governor if the person maintains effective communication |
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| 35 | 35 | | links with this state during the person's absence. |
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| 36 | 36 | | SECTION 3. This proposed constitutional amendment shall be |
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| 37 | 37 | | submitted to the voters at an election to be held November 3, 2009. |
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| 38 | 38 | | The ballot shall be printed to permit voting for or against the |
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| 39 | 39 | | proposition: "The constitutional amendment providing that the |
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| 40 | 40 | | governor's absence from the state, and the lieutenant governor's |
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| 41 | 41 | | absence from the state when acting as governor, do not affect the |
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| 42 | 42 | | person's ability to serve as governor if the person maintains |
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| 43 | 43 | | effective communication links with this state." |
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