By: Brady H.J.R. No. 115
73R6759 JSA-D
A JOINT RESOLUTION
1-1 proposing a constitutional amendment providing for continuous
1-2 legislative oversight of state government, annual legislative
1-3 sessions, four-year terms for house members, the imposition of term
1-4 limits on members of the legislature, revised legislative
1-5 compensation, and other legislative matters.
1-6 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. Article III, Sections 1, 4, and 5, of the Texas
1-8 Constitution are amended to read as follows:
1-9 Sec. 1. (a) The Legislative power of this State shall be
1-10 vested in a Senate and House of Representatives, which together
1-11 shall be styled "The Legislature of the State of Texas."
1-12 (b) The Legislature shall exercise continuous oversight of
1-13 all offices, agencies, and activities of the government of this
1-14 State and of the expenditure of public money by all state offices
1-15 and agencies. The Legislature shall establish committees or other
1-16 offices within the Legislature to carry out this subsection.
1-17 Sec. 4. (a) The Members of the House of Representatives
1-18 shall be chosen by the qualified electors for the term of four
1-19 years, but a new House of Representatives shall be chosen after
1-20 every apportionment, and the Members elected after each
1-21 apportionment shall be divided by lot into two classes. The
1-22 Members of the first class shall vacate their seats two years after
1-23 the date on which their term of office begins, and the Members of
1-24 the second class shall vacate their seats four years after the date
2-1 on which their term of office begins, so that half of the Members
2-2 will be elected biennially <two years>.
2-3 (b) Representatives shall take office following their
2-4 election, on the day set by law for the convening of the Regular
2-5 Session of the Legislature, and shall serve thereafter for the full
2-6 term of years to which elected and until their successors shall
2-7 have been elected and qualified.
2-8 (c) Members of the House of Representatives shall be elected
2-9 to terms as provided by Subsection (a) of this section beginning
2-10 with the election of Members of the 74th Legislature, to convene in
2-11 1995. Members of the House elected to the 74th Legislature shall
2-12 draw lots for two-year and four-year terms as if elected after a
2-13 reapportionment. Members of the House of Representatives of the
2-14 73rd Legislature serve two-year terms as provided by the law in
2-15 effect when those Members were elected. This subsection expires
2-16 January 1, 2003.
2-17 Sec. 5. (a) The Legislature shall meet every year <two
2-18 years> at such time as may be provided by law and at other times
2-19 when convened by the Governor. The regular meeting of the
2-20 Legislature in an odd-numbered year shall be known as the Regular
2-21 Session of the Legislature. The regular meeting of the Legislature
2-22 in an even-numbered year shall be known as the Budget Session of
2-23 the Legislature.
2-24 (b) The Regular Session is limited in duration to 140
2-25 consecutive days. When convened in Regular <regular> Session, the
2-26 first thirty days thereof shall be devoted to the introduction of
2-27 bills and resolutions, acting upon emergency appropriations,
3-1 passing upon the confirmation of the recess appointees of the
3-2 Governor and such emergency matters as may be submitted by the
3-3 Governor in special messages to the Legislature; provided that
3-4 during the succeeding thirty days of the Regular Session <regular
3-5 session> of the Legislature the various committees of each House
3-6 shall hold hearings to consider all bills and resolutions and other
3-7 matters then pending; and such emergency matters as may be
3-8 submitted by the Governor; provided further that during the
3-9 following <sixty> days the Legislature shall act upon such bills
3-10 and resolutions as may be then pending and upon such emergency
3-11 matters as may be submitted by the Governor in special messages to
3-12 the Legislature; provided, however, either House may otherwise
3-13 determine its order of business by an affirmative vote of
3-14 four-fifths of its membership.
3-15 (c) The Budget Session is limited in duration to 60
3-16 consecutive days. When convened in Budget Session, a House of the
3-17 Legislature may not consider a bill or proposed constitutional
3-18 amendment unless it relates to appropriations or state revenue,
3-19 proposes a local or special law, or, if approved by a two-thirds
3-20 vote of the membership of each House, relates to an emergency
3-21 matter submitted by the Governor in a special message to the
3-22 Legislature.
3-23 (d) Unless the Legislature provides otherwise by general
3-24 law, the Legislature shall convene a Regular or Budget Session at
3-25 12 noon on the second Tuesday in January.
3-26 SECTION 2. Article III of the Texas Constitution is amended
3-27 by adding Sections 7a and 7b to read as follows:
4-1 Sec. 7a. (a) A person is not eligible to be elected to the
4-2 house of representatives if the person has served as a member of
4-3 the house during all or part of the four consecutive regular
4-4 sessions of the legislature that preceded the date of the election,
4-5 disregarding a regular session that is ongoing on the date of the
4-6 election.
4-7 (b) A person is not eligible to be elected to the senate if
4-8 the person has served as a member of the senate during all or part
4-9 of the four consecutive regular sessions of the legislature that
4-10 preceded the date of the election, disregarding a regular session
4-11 that is ongoing on the date of the election.
4-12 (c) Legislative service before the legislature convenes in
4-13 regular session in 1995 is not counted in determining whether a
4-14 person is disqualified from election to office under this section.
4-15 Sec. 7b. The legislature by general law shall establish a
4-16 program providing for continuing education for members of the
4-17 legislature. The program must require each member to complete a
4-18 minimum amount of continuing education each year in matters
4-19 relevant to service in the legislature.
4-20 SECTION 3. Article III, Sections 24, 28, and 49a, of the
4-21 Texas Constitution are amended to read as follows:
4-22 Sec. 24. (a) For 1995, each member <Members> of the
4-23 Legislature shall receive from the Public Treasury a salary of
4-24 $48,400, payable in monthly installments <Six Hundred Dollars
4-25 ($600) per month, unless a greater amount is recommended by the
4-26 Texas Ethics Commission and approved by the voters of this State in
4-27 which case the salary is that amount>. For each subsequent year,
5-1 the salary may be increased or decreased from that of the preceding
5-2 year at a percentage not to exceed the percent increase or
5-3 decrease, as applicable, in the average annual compensation of a
5-4 full-time teacher in the public primary and secondary schools of
5-5 this state for the most recent school year as compared to the
5-6 preceding school year, as determined by the comptroller of public
5-7 accounts. <Each member shall also receive a per diem set by the
5-8 Texas Ethics Commission for each day during each Regular and
5-9 Special Session of the Legislature.>
5-10 (b) A member who serves less than an entire year shall
5-11 receive a salary at the same daily rate as other members for that
5-12 year. <No Regular Session shall be of longer duration than one
5-13 hundred and forty (140) days.>
5-14 <(c) In addition to the per diem the Members of each House
5-15 shall be entitled to mileage at the same rate as prescribed by law
5-16 for employees of the State of Texas.>
5-17 Sec. 28. The Legislature shall, at its first Regular Session
5-18 <regular session> after the publication of each United States
5-19 decennial census, apportion the state into senatorial and
5-20 representative districts, agreeable to the provisions of Sections
5-21 25, 26, and 26-a of this Article. In the event the Legislature
5-22 shall at any such first Regular Session <regular session> following
5-23 the publication of a United States decennial census, fail to make
5-24 such apportionment, same shall be done by the Legislative
5-25 Redistricting Board of Texas, which is hereby created, and shall be
5-26 composed of five (5) members, as follows: The Lieutenant Governor,
5-27 the Speaker of the House of Representatives, the Attorney General,
6-1 the Comptroller of Public Accounts and the Commissioner of the
6-2 General Land Office, a majority of whom shall constitute a quorum.
6-3 Said Board shall assemble in the City of Austin within ninety (90)
6-4 days after the final adjournment of such Regular Session <regular
6-5 session>. The Board shall, within sixty (60) days after
6-6 assembling, apportion the state into senatorial and representative
6-7 districts, or into senatorial or representative districts, as the
6-8 failure of action of such Legislature may make necessary. Such
6-9 apportionment shall be in writing and signed by three (3) or more
6-10 of the members of the Board duly acknowledged as the act and deed
6-11 of such Board, and, when so executed and filed with the Secretary
6-12 of State, shall have force and effect of law. Such apportionment
6-13 shall become effective at the next succeeding statewide general
6-14 election. The Supreme Court of Texas shall have jurisdiction to
6-15 compel such Board <Commission> to perform its duties in accordance
6-16 with the provisions of this section by writ of mandamus or other
6-17 extraordinary writs conformable to the usages of law. The
6-18 Legislature shall provide necessary funds for clerical and
6-19 technical aid and for other expenses incidental to the work of the
6-20 Board, and the Lieutenant Governor and the Speaker of the House of
6-21 Representatives shall be entitled to receive per diem and travel
6-22 expense during the Board's session in the same manner and amount as
6-23 they would receive while attending a special session of the
6-24 Legislature. <This amendment shall become effective January 1,
6-25 1951.>
6-26 Sec. 49a. (a) It shall be the duty of the Comptroller of
6-27 Public Accounts in advance of each Regular Session and Budget
7-1 Session of the Legislature to prepare and submit to the Governor
7-2 and to the Legislature upon its convening a statement under oath
7-3 showing fully the financial condition of the State Treasury at the
7-4 close of the last fiscal period and an estimate of the probable
7-5 receipts and disbursements for the then current fiscal year. There
7-6 shall also be contained in said statement an itemized estimate of
7-7 the anticipated revenue based on the laws then in effect that will
7-8 be received by and for the State from all sources showing the fund
7-9 accounts to be credited during each of the next two fiscal years
7-10 <the succeeding biennium> and said statement shall contain such
7-11 other information as may be required by law. Supplemental
7-12 statements shall be submitted at any Special Session of the
7-13 Legislature and at such other times as may be necessary to show
7-14 probable changes.
7-15 (b) Except <From and after January 1, 1945, save> in the
7-16 case of emergency and imperative public necessity and with a
7-17 four-fifths vote of the total membership of each House, no
7-18 appropriation in excess of the cash and anticipated revenue of the
7-19 funds from which such appropriation is to be made shall be valid.
7-20 No <From and after January 1, 1945, no> bill containing an
7-21 appropriation shall be considered as passed or be sent to the
7-22 Governor for consideration until and unless the Comptroller of
7-23 Public Accounts endorses his certificate thereon showing that the
7-24 amount appropriated is within the amount estimated to be available
7-25 in the affected funds. When the Comptroller finds an appropriation
7-26 bill exceeds the estimated revenue he shall endorse such finding
7-27 thereon and return to the House in which same originated. Such
8-1 information shall be immediately made known to both the House of
8-2 Representatives and the Senate and the necessary steps shall be
8-3 taken to bring such appropriation to within the revenue, either by
8-4 providing additional revenue or reducing the appropriation.
8-5 <For the purpose of financing the outstanding obligations of
8-6 the General Revenue Fund of the State and placing its current
8-7 accounts on a cash basis the Legislature of the State of Texas is
8-8 hereby authorized to provide for the issuance, sale, and retirement
8-9 of serial bonds, equal in principal to the total outstanding,
8-10 valid, and approved obligations owing by said fund on September 1,
8-11 1943, provided such bonds shall not draw interest in excess of two
8-12 (2) per cent per annum and shall mature within twenty (20) years
8-13 from date.>
8-14 SECTION 4. Article III, Section 49-g, Subsections (k) and
8-15 (l), of the Texas Constitution, as proposed by H.J.R. No. 2, 70th
8-16 Legislature, Regular Session, 1987, are amended to read as follows:
8-17 (k) Amounts from the economic stabilization fund may be
8-18 appropriated during a Regular Session of the Legislature <regular
8-19 legislative session> only for a purpose for which an appropriation
8-20 from general revenue was made by the preceding legislature.
8-21 Amounts from the fund may be appropriated during a Budget Session
8-22 only for a purpose for which an appropriation from general revenue
8-23 was made at a previous session of the legislature for the fiscal
8-24 year or biennium in which the Budget Session begins. Amounts from
8-25 the fund <and> may be appropriated in a special session only for a
8-26 purpose for which an appropriation from general revenue was made in
8-27 a preceding legislative session of the same legislature. An
9-1 appropriation from the economic stabilization fund may be made only
9-2 if the comptroller certifies that appropriations from general
9-3 revenue made by the preceding legislature for the current biennium
9-4 exceed available general revenues and cash balances for the
9-5 remainder of that biennium. The amount of an appropriation from
9-6 the economic stabilization fund may not exceed the difference
9-7 between the comptroller's estimate of general revenue for the
9-8 current biennium or, if the legislature has not established a
9-9 current biennium, for the current fiscal year at the time the
9-10 comptroller receives for certification the bill making the
9-11 appropriation and the amount of general revenue appropriations for
9-12 that biennium or fiscal year previously certified by the
9-13 comptroller. Appropriations from the economic stabilization fund
9-14 under this subsection may not extend beyond the last day of the
9-15 current biennium or, if the legislature has not established a
9-16 current biennium, the last day of the current fiscal year. An
9-17 appropriation from the economic stabilization fund must be approved
9-18 by a three-fifths vote of the members present in each house of the
9-19 legislature.
9-20 (l) If an estimate of total anticipated revenues for the
9-21 next two fiscal years <a succeeding biennium> prepared by the
9-22 comptroller pursuant to Article III, Section 49a, of this
9-23 constitution is less than the total revenues that are estimated at
9-24 the same time by the comptroller to be available for the current
9-25 fiscal year and that were available for the preceding fiscal year
9-26 <biennium>, the legislature may, by a three-fifths vote of the
9-27 members present in each house, appropriate for the succeeding
10-1 biennium from the economic stabilization fund an amount not to
10-2 exceed this difference. If the legislature makes appropriations
10-3 for a period that is less than the entire succeeding biennium, the
10-4 amount that may be appropriated from the fund shall be reduced
10-5 proportionately. Following each fiscal year, the actual amount of
10-6 revenue shall be computed, and if the estimated difference exceeds
10-7 the actual difference, the comptroller shall transfer the amount
10-8 necessary from general revenue to the economic stabilization fund
10-9 so that the actual difference shall not be exceeded. If all or a
10-10 portion of the difference in revenue <from one biennium to the
10-11 next> results, at least in part, from a change in a tax rate or
10-12 base adopted by the legislature, the computation of revenue
10-13 difference shall be adjusted to the amount that would have been
10-14 available had the rate or base not been changed.
10-15 SECTION 5. Article IV, Sections 3 and 9, of the Texas
10-16 Constitution are amended to read as follows:
10-17 Sec. 3. The returns of every election for said executive
10-18 officers, until otherwise provided by law, shall be made out,
10-19 sealed up, and transmitted by the returning officers prescribed by
10-20 law, to the seat of Government, directed to the Secretary of State,
10-21 who shall deliver the same to the Speaker of the House of
10-22 Representatives, as soon as the Speaker shall be chosen, and the
10-23 said Speaker shall, during the first week of the Regular Session
10-24 <session> of the Legislature, open and publish them in the presence
10-25 of both Houses of the Legislature. The person, voted for at said
10-26 election, having the highest number of votes for each of said
10-27 offices respectively, and being constitutionally eligible, shall be
11-1 declared by the Speaker, under sanction of the Legislature, to be
11-2 elected to said office. But, if two or more persons shall have the
11-3 highest and an equal number of votes for either of said offices,
11-4 one of them shall be immediately chosen to such office by joint
11-5 vote of both Houses of the Legislature. Contested elections for
11-6 either of said offices, shall be determined by both Houses of the
11-7 Legislature in joint session.
11-8 Sec. 9. The Governor shall, at the commencement of each
11-9 session of the Legislature, and at the close of his term of office,
11-10 give to the Legislature information, by message, of the condition
11-11 of the State; and he shall recommend to the Legislature such
11-12 measures as he may deem expedient. He shall account to the
11-13 Legislature for all public moneys received and paid out by him,
11-14 from any funds subject to his order, with vouchers; and shall
11-15 accompany his message with a statement of the same. And at the
11-16 commencement of each Regular Session and Budget Session <regular
11-17 session>, he shall present estimates of the amount of money
11-18 required to be raised by taxation for all purposes.
11-19 SECTION 6. Article IV, Section 12, Subsections (d) and (e),
11-20 of the Texas Constitution are amended to read as follows:
11-21 (d) If the Senate, at any <special> session other than a
11-22 Regular Session, does not take final action to confirm or reject a
11-23 previously unconfirmed recess appointee or another person nominated
11-24 to fill the vacancy for which the appointment was made:
11-25 (1) the Governor after the session may appoint another
11-26 person to fill the vacancy; and
11-27 (2) the appointee, if otherwise qualified and if not
12-1 removed as provided by law, is entitled to continue in office until
12-2 the earlier of the following occurs:
12-3 (A) the Senate rejects the appointee at a
12-4 subsequent session; or
12-5 (B) the Governor appoints another person to fill
12-6 the vacancy under Subdivision (1) of this subsection.
12-7 (e) If the Senate, at a Regular Session <regular session>,
12-8 does not take final action to confirm or reject a previously
12-9 unconfirmed recess appointee or another person nominated to fill
12-10 the vacancy for which the appointment was made, the appointee or
12-11 other person, as appropriate, is considered to be rejected by the
12-12 Senate when the Senate session ends.
12-13 SECTION 7. Article V, Section 7a, Subsection (d), of the
12-14 Texas Constitution is amended to read as follows:
12-15 (d) The reapportionment powers of the board shall be
12-16 exercised in the interims between Regular Sessions <regular
12-17 sessions> of the legislature, except that a reapportionment may not
12-18 be ordered by the board during an interim immediately following a
12-19 Regular Session <regular session> of the legislature in which a
12-20 valid and subsisting statewide apportionment of judicial districts
12-21 is enacted by the legislature. The board has other powers and
12-22 duties as provided by the legislature and shall exercise its powers
12-23 under the policies, rules, standards, and conditions, not
12-24 inconsistent with this section, that the legislature provides.
12-25 SECTION 8. Article VII, Section 17, Subsection (a), of the
12-26 Texas Constitution is amended to read as follows:
12-27 (a) In the fiscal year beginning September 1, 1985, and each
13-1 fiscal year thereafter, there is hereby appropriated out of the
13-2 first money coming into the state treasury not otherwise
13-3 appropriated by the constitution $100 million to be used by
13-4 eligible agencies and institutions of higher education for the
13-5 purpose of acquiring land either with or without permanent
13-6 improvements, constructing and equipping buildings or other
13-7 permanent improvements, major repair or rehabilitation of buildings
13-8 or other permanent improvements, and acquisition of capital
13-9 equipment, library books and library materials. During the Regular
13-10 Session or Budget Session <regular session> of the legislature that
13-11 is nearest, but preceding, the beginning of each fifth fiscal year
13-12 dating from September 1, 1985, the legislature may by two-thirds
13-13 vote of the membership of each house adjust the amount of the
13-14 constitutional appropriation for the ensuing five years but may not
13-15 adjust the appropriation in such a way as to impair any obligation
13-16 created by the issuance of bonds or notes in accordance with this
13-17 section.
13-18 SECTION 9. Article VIII, Section 6, of the Texas
13-19 Constitution is amended to read as follows:
13-20 Sec. 6. (a) No money shall be drawn from the Treasury but
13-21 in pursuance of specific appropriations made by law.
13-22 (b) No<; nor shall any> appropriation of money may be made
13-23 for a longer term than two years<, except by the first Legislature
13-24 to assemble under this Constitution, which may make the necessary
13-25 appropriations to carry on the government until the assemblage of
13-26 the sixteenth Legislature>.
13-27 SECTION 10. Article XVII, Section 1, of the Texas
14-1 Constitution is amended to read as follows:
14-2 Sec. 1. (a) The Legislature, at any Regular Session
14-3 <regular session>, or at any Budget Session or special session when
14-4 the matter is included within the purposes for which the session is
14-5 convened, may propose amendments revising the Constitution, to be
14-6 voted upon by the qualified electors for statewide offices and
14-7 propositions, as defined in the Constitution and statutes of this
14-8 State. The date of the elections shall be specified by the
14-9 Legislature. The proposal for submission must be approved by a
14-10 vote of two-thirds of all the members elected to each House,
14-11 entered by yeas and nays on the journals.
14-12 (b) A brief explanatory statement of the nature of a
14-13 proposed amendment, together with the date of the election and the
14-14 wording of the proposition as it is to appear on the ballot, shall
14-15 be published twice in each newspaper in the State which meets
14-16 requirements set by the Legislature for the publication of official
14-17 notices of officers and departments of the state government. The
14-18 explanatory statement shall be prepared by the Secretary of State
14-19 and shall be approved by the Attorney General. The Secretary of
14-20 State shall send a full and complete copy of the proposed amendment
14-21 or amendments to each county clerk who shall post the same in a
14-22 public place in the courthouse at least 30 days prior to the
14-23 election on said amendment. The first notice shall be published
14-24 not more than 60 days nor less than 50 days before the date of the
14-25 election, and the second notice shall be published on the same day
14-26 in the succeeding week. The Legislature shall fix the standards
14-27 for the rate of charge for the publication, which may not be higher
15-1 than the newspaper's published national rate for advertising per
15-2 column inch.
15-3 (c) The election shall be held in accordance with procedures
15-4 prescribed by the Legislature, and the returning officer in each
15-5 county shall make returns to the Secretary of State of the number
15-6 of legal votes cast at the election for and against each amendment.
15-7 If it appears from the returns that a majority of the votes cast
15-8 have been cast in favor of an amendment, it shall become a part of
15-9 this Constitution, and proclamation thereof shall be made by the
15-10 Governor.
15-11 SECTION 11. Article XI, Section 13, Subsection (b), of the
15-12 Texas Constitution is repealed.
15-13 SECTION 12. This proposed constitutional amendment shall be
15-14 submitted to the voters at an election to be held on November 2,
15-15 1993. The ballot shall be printed to provide for voting for or
15-16 against the proposition: "The constitutional amendment providing
15-17 for continuous legislative oversight of state government, annual
15-18 sessions of the legislature for budgetary purposes, four-year terms
15-19 for members of the house of representatives, term limits for
15-20 service in the legislature, continuing education for legislators,
15-21 and revised legislative compensation."