| 1 | 1 | | By: Duncan, Carona S.J.R. No. 36 |
|---|
| 2 | 2 | | SENATE JOINT RESOLUTION |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | SENATE JOINT RESOLUTION |
|---|
| 6 | 6 | | proposing a constitutional amendment to provide that the governor, |
|---|
| 7 | 7 | | and the lieutenant governor when acting as governor, retain |
|---|
| 8 | 8 | | executive authority unless the person becomes unavailable as |
|---|
| 9 | 9 | | provided by law. |
|---|
| 10 | 10 | | BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 11 | 11 | | SECTION 1. Subsections (c) and (d), Section 16, Article IV, |
|---|
| 12 | 12 | | Texas Constitution, are amended to read as follows: |
|---|
| 13 | 13 | | (c) In the case of the temporary inability or temporary |
|---|
| 14 | 14 | | disqualification of the Governor to serve or[,] the impeachment of |
|---|
| 15 | 15 | | the Governor, or when the [absence of the] Governor becomes |
|---|
| 16 | 16 | | unavailable as provided by law [from the State], the Lieutenant |
|---|
| 17 | 17 | | Governor shall exercise the powers and authority appertaining to |
|---|
| 18 | 18 | | the office of Governor until the Governor becomes able or qualified |
|---|
| 19 | 19 | | to resume serving, is acquitted, or becomes available [returns to |
|---|
| 20 | 20 | | the State]. |
|---|
| 21 | 21 | | (d) If the Governor refuses to serve or becomes permanently |
|---|
| 22 | 22 | | unable to serve, or if the office of Governor becomes vacant, the |
|---|
| 23 | 23 | | Lieutenant Governor becomes Governor for the remainder of the term |
|---|
| 24 | 24 | | being served by the Governor who refused or became permanently |
|---|
| 25 | 25 | | unable to serve or vacated the office. On becoming Governor, the |
|---|
| 26 | 26 | | person vacates the office of Lieutenant Governor, and the resulting |
|---|
| 27 | 27 | | vacancy in the office of Lieutenant Governor shall be filled in the |
|---|
| 28 | 28 | | manner provided by Section 9, Article III, of this Constitution. |
|---|
| 29 | 29 | | SECTION 2. Subsection (a), Section 17, Article IV, Texas |
|---|
| 30 | 30 | | Constitution, is amended to read as follows: |
|---|
| 31 | 31 | | (a) If, while exercising the powers and authority |
|---|
| 32 | 32 | | appertaining to the office of Governor under Section 16(c) of this |
|---|
| 33 | 33 | | article, the Lieutenant Governor becomes temporarily unable or |
|---|
| 34 | 34 | | disqualified to serve, is impeached, or becomes unavailable as |
|---|
| 35 | 35 | | provided by law [is absent from the State], the President pro |
|---|
| 36 | 36 | | tempore of the Senate, for the time being, shall exercise the powers |
|---|
| 37 | 37 | | and authority appertaining to the office of Governor until the |
|---|
| 38 | 38 | | Governor or Lieutenant Governor reassumes those powers and duties. |
|---|
| 39 | 39 | | SECTION 3. This proposed constitutional amendment shall be |
|---|
| 40 | 40 | | submitted to the voters at an election to be held November 3, 2009. |
|---|
| 41 | 41 | | The ballot shall be printed to permit voting for or against the |
|---|
| 42 | 42 | | proposition: "The constitutional amendment providing that the |
|---|
| 43 | 43 | | governor, and the lieutenant governor when acting as governor, |
|---|
| 44 | 44 | | retain executive authority unless the person becomes unavailable as |
|---|
| 45 | 45 | | provided by law." |
|---|