1 | 1 | | 87R9260 JCG-D |
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2 | 2 | | By: Slaton H.J.R. No. 142 |
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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 requiring the secretary of |
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7 | 7 | | state to be elected by the qualified voters at a general election |
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8 | 8 | | instead of appointed by the governor. |
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9 | 9 | | BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 10 | | SECTION 1. Sections 2, 21, and 23, Article IV, Texas |
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11 | 11 | | Constitution, are amended to read as follows: |
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12 | 12 | | Sec. 2. All the above officers of the Executive Department |
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13 | 13 | | [(except Secretary of State)] shall be elected by the qualified |
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14 | 14 | | voters of the State at the time and places of election for members |
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15 | 15 | | of the Legislature. |
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16 | 16 | | Sec. 21. The [There shall be a] Secretary of State[, who |
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17 | 17 | | shall be appointed by the Governor, by and with the advice and |
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18 | 18 | | consent of the Senate, and who shall continue in office during the |
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19 | 19 | | term of service of the Governor. He] shall authenticate the |
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20 | 20 | | publication of the laws, and keep a fair register of all official |
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21 | 21 | | acts and proceedings of the Governor, and shall, when required, lay |
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22 | 22 | | the same and all papers, minutes and vouchers relative thereto, |
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23 | 23 | | before the Legislature, or either House thereof, and shall perform |
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24 | 24 | | such other duties as may be required [of him] by law. [He shall |
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25 | 25 | | receive for his services an annual salary in an amount to be fixed |
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26 | 26 | | by the Legislature.] |
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27 | 27 | | Sec. 23. The Comptroller of Public Accounts, the Secretary |
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28 | 28 | | of State, the Commissioner of the General Land Office, the Attorney |
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29 | 29 | | General, and any statutory State officer who is elected by the |
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30 | 30 | | electorate of Texas at large, unless a term of office is otherwise |
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31 | 31 | | specifically provided in this Constitution, shall each hold office |
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32 | 32 | | for the term of four years. Each shall receive an annual salary in |
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33 | 33 | | an amount to be fixed by the Legislature and perform such duties as |
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34 | 34 | | are or may be required by law. They [and the Secretary of State] |
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35 | 35 | | shall not receive to their own use any fees, costs or perquisites of |
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36 | 36 | | office. All fees that may be payable by law for any service |
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37 | 37 | | performed by any officer specified in this section or in the |
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38 | 38 | | officer's office, shall be paid, when received, into the State |
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39 | 39 | | Treasury. |
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40 | 40 | | SECTION 2. Section 2, Article XV, Texas Constitution, is |
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41 | 41 | | amended to read as follows: |
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42 | 42 | | Sec. 2. Impeachment of the Governor, Lieutenant Governor, |
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43 | 43 | | Attorney General, Commissioner of the General Land Office, |
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44 | 44 | | Secretary of State, Comptroller and the Judges of the Supreme |
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45 | 45 | | Court, Court of Appeals and District Court shall be tried by the |
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46 | 46 | | Senate. |
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47 | 47 | | SECTION 3. The following temporary provision is added to |
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48 | 48 | | the Texas Constitution: |
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49 | 49 | | TEMPORARY PROVISION. (a) This temporary provision applies |
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50 | 50 | | to the constitutional amendment proposed by the 87th Legislature, |
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51 | 51 | | Regular Session, 2021, requiring the secretary of state to be |
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52 | 52 | | elected by the qualified voters at a general election instead of |
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53 | 53 | | appointed by the governor. |
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54 | 54 | | (b) Unless otherwise removed as provided by law, the |
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55 | 55 | | secretary of state serving on the date that the adoption of the |
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56 | 56 | | amendment by the voters is shown by the official canvass of returns |
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57 | 57 | | shall continue in office under the former law and that former law is |
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58 | 58 | | continued in effect for that purpose. |
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59 | 59 | | (c) This temporary provision expires January 1, 2026. |
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60 | 60 | | SECTION 4. This proposed constitutional amendment shall be |
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61 | 61 | | submitted to the voters at an election to be held November 2, 2021. |
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62 | 62 | | The ballot shall be printed to provide for voting for or against the |
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63 | 63 | | proposition: "The constitutional amendment requiring the |
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64 | 64 | | secretary of state to be elected by the qualified voters at a |
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65 | 65 | | general election instead of appointed by the governor." |
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