82R2986 JSA-D
By: Crownover H.J.R. No. 65
A JOINT RESOLUTION
proposing a constitutional amendment to provide that the governor,
and the lieutenant governor when acting as governor, retain
executive authority unless unavailable as provided by law.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 16(c) and (d), 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 is 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 is available [returns to the State]. For
purposes of this subsection, unless the Legislature provides
otherwise by statute, the Governor is unavailable if the Governor
is absent from 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. Section 17(a), 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 is 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. For
purposes of this subsection, unless the Legislature provides
otherwise by statute, the Lieutenant Governor is unavailable if the
Lieutenant Governor is absent from the state.
SECTION 3. This proposed constitutional amendment shall be
submitted to the voters at an election to be held November 8, 2011.
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 unavailable as provided by law."