By: Duncan, Carona S.J.R. No. 36
SENATE JOINT RESOLUTION
SENATE JOINT RESOLUTION
proposing a constitutional amendment to provide that the governor,
and the lieutenant governor when acting as governor, retain
executive authority unless the person becomes unavailable as
provided by law.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsections (c) and (d), Section 16, Article IV,
Texas Constitution, are amended to read as follows:
(c) In the case of the temporary inability or temporary
disqualification of the Governor to serve or[,] the impeachment of
the Governor, or when the [absence of the] Governor becomes
unavailable as provided by law [from the State], the Lieutenant
Governor shall exercise the powers and authority appertaining to
the office of Governor until the Governor becomes able or qualified
to resume serving, is acquitted, or becomes available [returns to
the State].
(d) If the Governor refuses to serve or becomes permanently
unable to serve, or if the office of Governor becomes vacant, the
Lieutenant Governor becomes Governor for the remainder of the term
being served by the Governor who refused or became permanently
unable to serve or vacated the office. On becoming Governor, the
person vacates the office of Lieutenant Governor, and the resulting
vacancy in the office of Lieutenant Governor shall be filled in the
manner provided by Section 9, Article III, of this Constitution.
SECTION 2. Subsection (a), Section 17, Article IV, Texas
Constitution, is amended to read as follows:
(a) If, while exercising the powers and authority
appertaining to the office of Governor under Section 16(c) of this
article, the Lieutenant Governor becomes temporarily unable or
disqualified to serve, is impeached, or becomes unavailable as
provided by law [is absent from the State], the President pro
tempore of the Senate, for the time being, shall exercise the powers
and authority appertaining to the office of Governor until the
Governor or Lieutenant Governor reassumes those powers and duties.
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 the
governor, and the lieutenant governor when acting as governor,
retain executive authority unless the person becomes unavailable as
provided by law."