| 1 | 1 | | By: Huffman S.J.R. No. 22 |
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| 2 | 2 | | (In the Senate - Filed January 29, 2013; February 5, 2013, |
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| 3 | 3 | | read first time and referred to Committee on State Affairs; |
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| 4 | 4 | | March 26, 2013, reported favorably by the following vote: Yeas 8, |
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| 5 | 5 | | Nays 1; March 26, 2013, sent to printer.) |
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| 6 | 6 | | |
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| 7 | 7 | | |
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| 8 | 8 | | SENATE JOINT RESOLUTION |
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| 9 | 9 | | proposing a constitutional amendment to provide that the governor, |
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| 10 | 10 | | and the lieutenant governor when acting as governor, retain |
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| 11 | 11 | | executive authority unless unavailable as provided by law. |
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| 12 | 12 | | BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Subsections (c) and (d), Section 16, Article IV, |
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| 14 | 14 | | Texas Constitution, are amended to read as follows: |
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| 15 | 15 | | (c) In the case of the temporary inability or temporary |
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| 16 | 16 | | disqualification of the Governor to serve or[,] the impeachment of |
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| 17 | 17 | | the Governor, or when the [absence of the] Governor is unavailable |
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| 18 | 18 | | as provided by law [from the State], the Lieutenant Governor shall |
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| 19 | 19 | | exercise the powers and authority appertaining to the office of |
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| 20 | 20 | | Governor until the Governor becomes able or qualified to resume |
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| 21 | 21 | | serving, is acquitted, or is available [returns to the State]. For |
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| 22 | 22 | | purposes of this subsection, unless the legislature provides |
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| 23 | 23 | | otherwise by statute, the Governor is unavailable if the Governor |
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| 24 | 24 | | is absent from the state. |
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| 25 | 25 | | (d) If the Governor refuses to serve or becomes permanently |
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| 26 | 26 | | unable to serve, or if the office of Governor becomes vacant, the |
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| 27 | 27 | | Lieutenant Governor becomes Governor for the remainder of the term |
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| 28 | 28 | | being served by the Governor who refused or became permanently |
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| 29 | 29 | | unable to serve or vacated the office. On becoming Governor, the |
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| 30 | 30 | | person vacates the office of Lieutenant Governor, and the resulting |
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| 31 | 31 | | vacancy in the office of Lieutenant Governor shall be filled in the |
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| 32 | 32 | | manner provided by Section 9, Article III, of this Constitution. |
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| 33 | 33 | | SECTION 2. Subsection (a), Section 17, Article IV, Texas |
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| 34 | 34 | | Constitution, is amended to read as follows: |
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| 35 | 35 | | (a) If, while exercising the powers and authority |
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| 36 | 36 | | appertaining to the office of Governor under Section 16(c) of this |
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| 37 | 37 | | article, the Lieutenant Governor becomes temporarily unable or |
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| 38 | 38 | | disqualified to serve, is impeached, or is unavailable as provided |
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| 39 | 39 | | by law [is absent from the State], the President pro tempore of the |
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| 40 | 40 | | Senate, for the time being, shall exercise the powers and authority |
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| 41 | 41 | | appertaining to the office of Governor until the Governor or |
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| 42 | 42 | | Lieutenant Governor reassumes those powers and duties. For |
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| 43 | 43 | | purposes of this subsection, unless the legislature provides |
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| 44 | 44 | | otherwise by statute, the Lieutenant Governor is unavailable if the |
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| 45 | 45 | | Lieutenant Governor is absent from the state. |
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| 46 | 46 | | SECTION 3. This proposed constitutional amendment shall be |
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| 47 | 47 | | submitted to the voters at an election to be held November 5, 2013. |
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| 48 | 48 | | The ballot shall be printed to permit voting for or against the |
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| 49 | 49 | | proposition: "The constitutional amendment providing that the |
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| 50 | 50 | | governor, and the lieutenant governor when acting as governor, |
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| 51 | 51 | | retain executive authority unless unavailable as provided by law." |
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| 52 | 52 | | * * * * * |
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