By: Munoz, Jr. H.J.R. No. 87
A JOINT RESOLUTION
proposing a constitutional amendment authorizing a home-rule
municipality to provide in its charter the procedure to fill a
vacancy on its governing body for which the unexpired term is 1
2
months or less.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 11, Article XI, Texas Constitution, is
amended by amending Subsection (b) and adding Subsection (c) to
read as follows:
(b) A municipality so providing a term exceeding two (2)
years but not exceeding four (4) years for any of its non-civil
service officers must elect all of the members of its governing body
by majority vote of the qualified voters in such municipality.
(c) Any[, and any] vacancy or vacancies occurring on such
governing body shall not be filled by appointment but must be filled
by majority vote of the qualified voters at a special election
called for such purpose within one hundred and twenty (120) days
after such vacancy or vacancies occur except that the municipality
may provide by charter or charter amendment the procedure for
filling a vacancy occurring on its governing body for an unexpired
term of 12 months or less.
SECTION 2. This proposed constitutional amendment shall be
submitted to the voters at an election to be held November 5, 2013.
The ballot shall be printed to provide for voting for or against the
proposition: "The constitutional amendment authorizing a
home-rule municipality to provide in its charter the procedure to
fill a vacancy on its governing body for which the unexpired term is
12 months or less."