1 | 1 | | 84R2075 BEF-D |
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2 | 2 | | By: Huffines S.J.R. No. 6 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A JOINT RESOLUTION |
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6 | 6 | | proposing a constitutional amendment to provide qualifications for |
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7 | 7 | | and limit the time that a person may serve in certain offices. |
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8 | 8 | | BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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9 | 9 | | SECTION 1. Article III, Texas Constitution, is amended by |
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10 | 10 | | adding Section 7a to read as follows: |
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11 | 11 | | Sec. 7a. (a) Except as provided by Subsection (d) of this |
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12 | 12 | | section, a person is not eligible to be elected to the house of |
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13 | 13 | | representatives if at the time of election the person has |
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14 | 14 | | previously been elected as a member of the house of representatives |
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15 | 15 | | to six full terms. |
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16 | 16 | | (b) Except as provided by Subsection (d) of this section, a |
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17 | 17 | | person is not eligible to be elected to the senate if at the time of |
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18 | 18 | | election the person has previously been elected as a member of the |
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19 | 19 | | senate to three or more full four-year or full two-year terms |
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20 | 20 | | totaling 12 or more years. |
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21 | 21 | | (c) The following are not counted in determining whether a |
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22 | 22 | | person is disqualified from election to office under Subsection (a) |
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23 | 23 | | or (b) of this section: |
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24 | 24 | | (1) election to an unexpired term; or |
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25 | 25 | | (2) election to a full term before 2016. |
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26 | 26 | | (d) A person who would otherwise be disqualified from |
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27 | 27 | | holding an office under Subsection (a) or (b) of this section, as |
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28 | 28 | | applicable, may be elected to a new term in that office if at the |
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29 | 29 | | time of election two or more regular legislative sessions have |
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30 | 30 | | passed since the person last held that office. The limitations of |
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31 | 31 | | Subsection (a) or (b) of this section, as applicable, apply to the |
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32 | 32 | | new term of office beginning on the date the new term of office |
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33 | 33 | | begins. A person who qualifies for election to a new term of office |
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34 | 34 | | under this subsection receives no benefits of seniority in the |
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35 | 35 | | senate or house of representatives, as applicable, based on service |
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36 | 36 | | in that office before the new term of office begins. |
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37 | 37 | | SECTION 2. Section 9, Article III, Texas Constitution, is |
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38 | 38 | | amended by adding Subsections (b-1), (b-2), and (b-3) to read as |
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39 | 39 | | follows: |
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40 | 40 | | (b-1) A member of the House of Representatives is not |
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41 | 41 | | eligible to be elected as Speaker unless at the time of election the |
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42 | 42 | | member has served at least one full two-year term as a member of the |
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43 | 43 | | House of Representatives. |
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44 | 44 | | (b-2) A member of the House of Representatives is not |
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45 | 45 | | eligible to be elected as Speaker if at the time of election the |
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46 | 46 | | member has previously served as Speaker for 72 or more calendar |
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47 | 47 | | months regardless of whether the months the member served as |
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48 | 48 | | Speaker were concurrent. |
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49 | 49 | | (b-3) Service as Speaker before January 1, 2016, is not |
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50 | 50 | | counted in determining whether a member is disqualified from |
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51 | 51 | | election as Speaker under Subsection (b-2) of this section. |
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52 | 52 | | SECTION 3. Article III, Texas Constitution, is amended by |
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53 | 53 | | adding Section 9a to read as follows: |
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54 | 54 | | Sec. 9a. (a) A member of the senate or house of |
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55 | 55 | | representatives is not eligible to be designated as chair of a |
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56 | 56 | | standing committee if at the time of designation the member has |
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57 | 57 | | previously served as chair of that standing committee for 72 or more |
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58 | 58 | | calendar months regardless of whether the months the member served |
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59 | 59 | | as chair were concurrent. |
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60 | 60 | | (b) Service as chair of a standing committee before January |
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61 | 61 | | 1, 2016, is not counted in determining whether a member is |
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62 | 62 | | disqualified from designation as chair of that standing committee |
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63 | 63 | | under this section. |
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64 | 64 | | SECTION 4. Article IV, Texas Constitution, is amended by |
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65 | 65 | | adding Section 2a to read as follows: |
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66 | 66 | | Sec. 2a. (a) A person is not eligible for election or |
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67 | 67 | | appointment to an elective office listed in Section 1 of this |
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68 | 68 | | article, Sections 2 and 4 of Article V, Section 30(b) of Article |
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69 | 69 | | XVI, or to any other state office elected by the voters at a |
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70 | 70 | | statewide election if the person has previously been elected to |
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71 | 71 | | that office for two full terms. |
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72 | 72 | | (b) Nothing in this section prohibits a person from |
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73 | 73 | | continuing to serve in an office covered by this section after the |
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74 | 74 | | end of a term as a holdover under Section 17, Article XVI, of this |
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75 | 75 | | constitution until a successor is qualified. |
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76 | 76 | | (c) The following are not counted in determining whether a |
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77 | 77 | | person is disqualified from election to office under this section: |
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78 | 78 | | (1) election or appointment to or assumption of an |
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79 | 79 | | unexpired term; or |
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80 | 80 | | (2) election to a full term before 2016. |
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81 | 81 | | SECTION 5. Article XVI, Texas Constitution, is amended by |
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82 | 82 | | adding Section 29 to read as follows: |
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83 | 83 | | Sec. 29. (a) In this section, "local elective office" |
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84 | 84 | | means every district office or office of a political subdivision of |
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85 | 85 | | this state that is filled by popular election. |
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86 | 86 | | (b) A person is not eligible for election or appointment to |
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87 | 87 | | a local elective office if on the date the term begins the person |
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88 | 88 | | has served in that office during any part of each of eight or more |
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89 | 89 | | calendar years. |
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90 | 90 | | (c) For purposes of this section, service in more than one |
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91 | 91 | | elective position on a governing body is considered service in the |
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92 | 92 | | same office. This subsection does not apply to ex officio service |
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93 | 93 | | on a governing body. |
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94 | 94 | | (d) Nothing in this section prohibits a person from |
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95 | 95 | | continuing to serve in an office covered by this section after the |
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96 | 96 | | end of a term as a holdover under Section 17 of this article until a |
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97 | 97 | | successor is qualified. |
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98 | 98 | | (e) For purposes of this section, a calendar year begins |
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99 | 99 | | January 1 and ends December 31. |
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100 | 100 | | (f) Service in office before January 1, 2016, does not count |
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101 | 101 | | for purposes of determining whether a person is disqualified from |
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102 | 102 | | election to office under this section. |
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103 | 103 | | (g) This section does not prohibit the legislature by |
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104 | 104 | | general law or a political subdivision of this state by charter, |
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105 | 105 | | ordinance, order, or other appropriate means from imposing a more |
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106 | 106 | | restrictive limit on the time or number of terms that a person may |
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107 | 107 | | serve in an elective office. |
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108 | 108 | | (h) This section does not apply to an office for which |
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109 | 109 | | another provision of this constitution imposes a limit on the time |
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110 | 110 | | or number of terms that a person may serve in the office. |
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111 | 111 | | SECTION 6. Article XVI, Texas Constitution, is amended by |
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112 | 112 | | adding Section 29a to read as follows: |
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113 | 113 | | Sec. 29a. (a) A person is not eligible for appointment to an |
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114 | 114 | | office that is filled by appointment of the governor with the advice |
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115 | 115 | | and consent of the senate and whose duties include serving as the |
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116 | 116 | | head of a state agency if at the time of appointment the person has |
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117 | 117 | | previously served in that office for a cumulative period of four or |
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118 | 118 | | more years. |
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119 | 119 | | (b) Nothing in this section prohibits a person from |
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120 | 120 | | continuing to serve in an office covered by this section after the |
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121 | 121 | | end of a term as a holdover under Section 17 of this article until a |
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122 | 122 | | successor is qualified. |
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123 | 123 | | (c) Service in office before January 1, 2016, is not counted |
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124 | 124 | | in determining whether a person is disqualified from appointment to |
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125 | 125 | | office under this section. |
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126 | 126 | | (d) This section does not prohibit the legislature by |
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127 | 127 | | general law from imposing a more restrictive limit on the time or |
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128 | 128 | | number of terms that a person may serve in an office. |
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129 | 129 | | (e) This section does not apply to an office for which |
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130 | 130 | | another provision of this constitution or general law imposes a |
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131 | 131 | | more restrictive limit on the time or number of terms that a person |
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132 | 132 | | may serve in the office. |
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133 | 133 | | SECTION 7. This proposed constitutional amendment shall be |
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134 | 134 | | submitted to the voters at an election to be held November 3, 2015. |
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135 | 135 | | The ballot shall be printed to provide for voting for or against the |
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136 | 136 | | proposition: "The constitutional amendment to provide |
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137 | 137 | | qualifications for and limit the time that a person may serve in |
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138 | 138 | | certain offices." |
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