By: Larson H.J.R. No. 3
A JOINT RESOLUTION
proposing a constitutional amendment providing that a member of the
legislature or person holding a statewide elective office
automatically vacates office on announcing a candidacy or becoming
a candidate for another elective office before December 1 of the
last full odd-numbered year of the person's term of office.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 18, Article III, Texas Constitution, is
amended to read as follows:
Sec. 18. (a) A [No] Senator or Representative is not
[shall], during the term for which the Senator or Representative
[he] was elected, [be] eligible to (1) any civil office of profit
under this State which shall have been created, or the emoluments of
which may have been increased, during such term, or (2) any office
or place, the appointment to which may be made, in whole or in part,
by either branch of the Legislature; provided, however, the fact
that the term of office of Senators and Representatives does not end
precisely on the last day of December but extends a few days into
January of the succeeding year shall be considered as de minimis,
and the ineligibility herein created shall terminate on the last
day in December of the last full calendar year of the term for which
the Senator or Representative [he] was elected.
(b) No member of either House shall vote for any other
member for any office whatever, which may be filled by a vote of the
Legislature, except in such cases as are in this Constitution
provided, nor shall any member of the Legislature be interested,
either directly or indirectly, in any contract with the State, or
any county thereof, authorized by any law passed during the term for
which the member [he] was elected.
(c) If a member of the Legislature announces the member's
candidacy, or in fact becomes a candidate, in any general, special,
or primary election for any office of profit or trust under the laws
of this State or the United States other than the office then held
at any time before December 1 of the last full odd-numbered year
before the term of office then held expires, that announcement or
candidacy constitutes an automatic resignation from the office then
held. The vacancy created by the automatic resignation shall be
filled as provided by Section 13 of this article.
SECTION 2. Article XVI, Texas Constitution, is amended by
adding Section 65-a to read as follows:
Sec. 65-a. If a person who holds a statewide elective office
announces the person's candidacy, or in fact becomes a candidate,
in any general, special, or primary election for any office of
profit or trust under the laws of this State or the United States
other than the office then held at any time before December 1 of the
last full odd-numbered year before the term of office then held
expires, that announcement or candidacy constitutes an automatic
resignation from the office then held.
SECTION 3. 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 providing that a member
of the legislature or a person holding a statewide elective office
automatically vacates office on announcing a candidacy or becoming
a candidate for another elective office before December 1 of the
last full odd-numbered year of the person's term of office."