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."