By:  Allen                                            H.J.R. No. 73
       73R4391 JSA-D
                                  A JOINT RESOLUTION
    1-1  proposing a constitutional amendment relating to the terms,
    1-2  service, and election of members of the legislature and state
    1-3  executive officers.
    1-4        BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Article III, Sections 3 and 4, of the Texas
    1-6  Constitution are amended to read as follows:
    1-7        Sec. 3.  (a)  The Senators shall be chosen by the qualified
    1-8  electors for the term of six <four> years; but a new Senate shall
    1-9  be chosen after every apportionment, and the Senators elected after
   1-10  each apportionment shall be divided by lot into three <two>
   1-11  classes.  The seats of the Senators of the first class shall be
   1-12  vacated at the expiration of the first two years, <and> those of
   1-13  the second class at the expiration of four years, and those of the
   1-14  third class at the expiration of six years, so that one-third
   1-15  <one-half> of the Senators as nearly as possible shall be chosen
   1-16  biennially thereafter.
   1-17        (b)  Senators shall take office following their election, on
   1-18  the day set by law for the convening of the Regular Session of the
   1-19  Legislature, and shall serve thereafter for the full term of years
   1-20  to which elected and until their successors shall have been elected
   1-21  and qualified.
   1-22        (c)  Senators elected in 1994 to the 74th Legislature shall
   1-23  draw lots as provided by Subsection (a) of this section if a new
   1-24  Senate is elected in 1994.  If a new Senate is not elected in 1994,
    2-1  Senators continue to serve four-year terms as provided by this
    2-2  section as it existed on January 1, 1993, until the next time a new
    2-3  Senate is elected, at which time Senators shall draw lots for terms
    2-4  as provided by Subsection (a).  This subsection expires January 1,
    2-5  2004.
    2-6        Sec. 4.  (a)  The Members of the House of Representatives
    2-7  shall be chosen by the qualified electors for the term of four
    2-8  <two> years.  Elections for Representatives shall be conducted in
    2-9  each even-numbered year in which the regular election for Governor
   2-10  to a four-year term is not conducted.
   2-11        (b)  Representatives shall take office following their
   2-12  election, on the day set by law for the convening of the Regular
   2-13  Session of the Legislature, and shall serve thereafter for the full
   2-14  term of years to which elected and until their successors shall
   2-15  have been elected and qualified.
   2-16        (c)  Representatives serve four-year terms as provided by
   2-17  Subsection (a) of this section beginning with the Representatives
   2-18  elected to the 75th Legislature.  Representatives elected to the
   2-19  74th Legislature serve two-year terms.  This subsection expires
   2-20  January 1, 2001.
   2-21        SECTION 2.  Article III of the Texas Constitution is amended
   2-22  by adding Section 7a to read as follows:
   2-23        Sec. 7a.  (a)  A person is not eligible to be elected to the
   2-24  house of representatives if the person served as a member of the
   2-25  house during all or part of the six regular sessions of the
   2-26  legislature immediately preceding the date of the election.
   2-27        (b)  A person is not eligible to be elected to the senate if
    3-1  the person served as a member of the senate during all or part of
    3-2  the six regular sessions of the legislature immediately preceding
    3-3  the date of the election.
    3-4        (c)  For an election that occurs during a regular session of
    3-5  the legislature, that session is not considered as a preceding
    3-6  regular session for purposes of determining a person's eligibility
    3-7  under this section to be elected at that election.
    3-8        (d)  Legislative service before the legislature convenes in
    3-9  regular session in 1995 is not counted in determining whether a
   3-10  person is disqualified from election to office under this section.
   3-11        SECTION 3.  Article III, Section 28, of the Texas
   3-12  Constitution is amended to read as follows:
   3-13        Sec. 28.  (a)  The Legislature shall, at its first regular
   3-14  session after the publication of each United States decennial
   3-15  census, apportion the state into senatorial and representative
   3-16  districts, agreeable to the provisions of Sections 25, 26, and 26-a
   3-17  of this Article.
   3-18        (b)  In the event the Legislature shall at any such first
   3-19  regular session following the publication of a United States
   3-20  decennial census, fail to make such apportionment, same shall be
   3-21  done by the Legislative Redistricting Board of Texas, which is
   3-22  hereby created, and shall be composed of five (5) members, as
   3-23  follows:  The Lieutenant Governor, the Speaker of the House of
   3-24  Representatives, the Attorney General, the Comptroller of Public
   3-25  Accounts and the Commissioner of the General Land Office, a
   3-26  majority of whom shall constitute a quorum.
   3-27        (c)  Said Board shall assemble in the City of Austin within
    4-1  ninety (90) days after the final adjournment of such regular
    4-2  session.  The Board shall, within sixty (60) days after assembling,
    4-3  apportion the state into senatorial and representative districts,
    4-4  or into senatorial or representative districts, as the failure of
    4-5  action of such Legislature may make necessary.  Such apportionment
    4-6  shall be in writing and signed by three (3) or more of the members
    4-7  of the Board duly acknowledged as the act and deed of such Board,
    4-8  and, when so executed and filed with the Secretary of State, shall
    4-9  have force and effect of law.  Such apportionment for the Senate
   4-10  shall become effective at the next succeeding statewide general
   4-11  election, and for the House of Representatives shall become
   4-12  effective at the next succeeding statewide general election for
   4-13  House members, as provided by Section 4(a) of this Article.
   4-14        (d)  The Supreme Court of Texas shall have jurisdiction to
   4-15  compel such Board <Commission> to perform its duties in accordance
   4-16  with the provisions of this section by writ of mandamus or other
   4-17  extraordinary writs conformable to the usages of law.
   4-18        (e)  The Legislature shall provide necessary funds for
   4-19  clerical and technical aid and for other expenses incidental to the
   4-20  work of the Board, and the Lieutenant Governor and the Speaker of
   4-21  the House of Representatives shall be entitled to receive per diem
   4-22  and travel expense during the Board's session in the same manner
   4-23  and amount as they would receive while attending a special session
   4-24  of the Legislature.  This amendment shall become effective January
   4-25  1, 1951.
   4-26        SECTION 4.  Article IV of the Texas Constitution is amended
   4-27  by adding Section 2a to read as follows:
    5-1        Sec. 2a.  (a)  A person is not eligible to a full or partial
    5-2  term in an elective office listed in Section 1 of this article
    5-3  other than the office of lieutenant governor if on the date the
    5-4  term begins the person has served in that office during any part of
    5-5  each of the preceding eight calendar years.
    5-6        (b)  A person is not eligible to a full or partial term in
    5-7  the office of lieutenant governor or any other state office, other
    5-8  than a judicial office, elected by the voters at a statewide
    5-9  election, if on the date the term begins the person has served in
   5-10  that office during any part of the preceding 12 calendar years.
   5-11        (c)  For purposes of this section, service in more than one
   5-12  elective position on the governing board of a state agency is
   5-13  considered service in the same office.  This subsection does not
   5-14  apply to ex officio service on a governing board.
   5-15        (d)  Nothing in this section prohibits a person from
   5-16  continuing to serve in an office covered by this section after the
   5-17  end of a term as a holdover under Article XVI, Section 17, of this
   5-18  constitution until a successor is qualified.
   5-19        (e)  For purposes of this section, a calendar year begins
   5-20  January 1 and ends December 31.
   5-21        (f)  Service in office before January 1, 1995, does not count
   5-22  for purposes of determining whether a person is disqualified from
   5-23  office under this section.
   5-24        SECTION 5.  This proposed constitutional amendment shall be
   5-25  submitted to the voters at an election to be held November 2, 1993.
   5-26  The ballot shall be printed to provide for voting for or against
   5-27  the following proposition:  "The constitutional amendment to impose
    6-1  term limits on members of the legislative and executive branches of
    6-2  the state government and to modify the terms of the members of the
    6-3  legislature."