87R9260 JCG-D
By: Slaton H.J.R. No. 142
A JOINT RESOLUTION
proposing a constitutional amendment requiring the secretary of
state to be elected by the qualified voters at a general election
instead of appointed by the governor.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 2, 21, and 23, Article IV, Texas
Constitution, are amended to read as follows:
Sec. 2. All the above officers of the Executive Department
[(except Secretary of State)] shall be elected by the qualified
voters of the State at the time and places of election for members
of the Legislature.
Sec. 21. The [There shall be a] Secretary of State[, who
shall be appointed by the Governor, by and with the advice and
consent of the Senate, and who shall continue in office during the
term of service of the Governor. He] shall authenticate the
publication of the laws, and keep a fair register of all official
acts and proceedings of the Governor, and shall, when required, lay
the same and all papers, minutes and vouchers relative thereto,
before the Legislature, or either House thereof, and shall perform
such other duties as may be required [of him] by law. [He shall
receive for his services an annual salary in an amount to be fixed
by the Legislature.]
Sec. 23. The Comptroller of Public Accounts, the Secretary
of State, the Commissioner of the General Land Office, the Attorney
General, and any statutory State officer who is elected by the
electorate of Texas at large, unless a term of office is otherwise
specifically provided in this Constitution, shall each hold office
for the term of four years. Each shall receive an annual salary in
an amount to be fixed by the Legislature and perform such duties as
are or may be required by law. They [and the Secretary of State]
shall not receive to their own use any fees, costs or perquisites of
office. All fees that may be payable by law for any service
performed by any officer specified in this section or in the
officer's office, shall be paid, when received, into the State
Treasury.
SECTION 2. Section 2, Article XV, Texas Constitution, is
amended to read as follows:
Sec. 2. Impeachment of the Governor, Lieutenant Governor,
Attorney General, Commissioner of the General Land Office,
Secretary of State, Comptroller and the Judges of the Supreme
Court, Court of Appeals and District Court shall be tried by the
Senate.
SECTION 3. The following temporary provision is added to
the Texas Constitution:
TEMPORARY PROVISION. (a) This temporary provision applies
to the constitutional amendment proposed by the 87th Legislature,
Regular Session, 2021, requiring the secretary of state to be
elected by the qualified voters at a general election instead of
appointed by the governor.
(b) Unless otherwise removed as provided by law, the
secretary of state serving on the date that the adoption of the
amendment by the voters is shown by the official canvass of returns
shall continue in office under the former law and that former law is
continued in effect for that purpose.
(c) This temporary provision expires January 1, 2026.
SECTION 4. This proposed constitutional amendment shall be
submitted to the voters at an election to be held November 2, 2021.
The ballot shall be printed to provide for voting for or against the
proposition: "The constitutional amendment requiring the
secretary of state to be elected by the qualified voters at a
general election instead of appointed by the governor."