By: Maxey H.J.R. No. 122
73R6574 KLL-D
A JOINT RESOLUTION
1-1 proposing a constitutional amendment to increase the number of
1-2 members on the Texas Ethics Commission, to provide their
1-3 qualifications, and to provide deadlines for filling vacancies.
1-4 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Article III, Section 24a, of the Texas
1-6 Constitution is amended by amending Subsections (a) and (c) and
1-7 adding Subsections (g)-(i) to read as follows:
1-8 (a) The Texas Ethics Commission is a state agency consisting
1-9 of the following nine <eight> members:
1-10 (1) two members of different political parties
1-11 appointed by the governor from a list of at least 10 names
1-12 submitted by the members of the house of representatives from each
1-13 political party required by law to hold a primary;
1-14 (2) two members of different political parties
1-15 appointed by the governor from a list of at least 10 names
1-16 submitted by the members of the senate from each political party
1-17 required by law to hold a primary;
1-18 (3) two members of different political parties
1-19 appointed by the speaker of the house of representatives from a
1-20 list of at least 10 names submitted by the members of the house
1-21 from each political party required by law to hold a primary; <and>
1-22 (4) two members of different political parties
1-23 appointed by the lieutenant governor from a list of at least 10
1-24 names submitted by the members of the senate from each political
2-1 party required by law to hold a primary; and
2-2 (5) one member appointed by the governor who has never
2-3 been a candidate for elective public office or an officer of the
2-4 state, a political subdivision, a political party, or a political
2-5 committee.
2-6 (c) Commission <With the exception of the initial
2-7 appointees, commission> members serve for staggered four-year
2-8 terms. <Each appointing official will make one initial appointment
2-9 for a two-year term and one initial appointment for a four-year
2-10 term.> A vacancy on the commission shall be filled for the
2-11 unexpired portion of the term in the same manner as the original
2-12 appointment, and shall be filled as expeditiously as possible but
2-13 not later than the 90th day after the date on which the vacancy
2-14 occurs. The members of the legislature who are required to submit
2-15 a list to the official making the appointment to fill the vacancy
2-16 shall submit the list as expeditiously as possible but not later
2-17 than the 30th day after the date on which the vacancy occurs. If
2-18 the governor is the appointing official and rejects all names on
2-19 the list, a new list must be submitted not later than the 30th day
2-20 after the date of the rejection. A member who has served for one
2-21 term and any part of a second term is not eligible for
2-22 reappointment.
2-23 (g) A person may not be appointed to the commission if at
2-24 the time of appointment the person is:
2-25 (1) an officer of the state in a capacity other than
2-26 as a member of the commission;
2-27 (2) an officer of a political subdivision, political
3-1 party, or political committee;
3-2 (3) a member of the legislature; or
3-3 (4) a candidate or campaign treasurer subject to Title
3-4 15, Election Code, or its successor.
3-5 (h) A member of the commission shall be removed if the
3-6 member:
3-7 (1) was ineligible for appointment under Subsection
3-8 (a)(5) or (g) of this section;
3-9 (2) becomes an officer, member, candidate, or campaign
3-10 treasurer described by Subsection (g) of this section;
3-11 (3) cannot discharge the member's duties for a
3-12 substantial part of the term for which the member is appointed
3-13 because of illness or disability;
3-14 (4) is absent from two consecutive regularly scheduled
3-15 commission meetings that the member is eligible to attend during a
3-16 calendar year unless the absence is excused by majority vote of the
3-17 commission; or
3-18 (5) has a final conviction for a violation of Chapter
3-19 36, Penal Code, or its successor.
3-20 (i) The validity of an action of the commission is not
3-21 affected by the fact that it is taken when a ground for removal of
3-22 a commission member exists. If the chairman of the commission has
3-23 knowledge that a potential ground for removal of a member exists,
3-24 the chairman shall notify the appropriate appointing authority of
3-25 the ground. If any two commission members have knowledge that a
3-26 potential ground for removal of the chairman exists, the members
3-27 shall notify the appropriate appointing authority of the ground.
4-1 SECTION 2. The following temporary provision is added to the
4-2 Texas Constitution:
4-3 TEMPORARY PROVISION. (a) This temporary provision applies
4-4 to the constitutional amendment proposed by the 73rd Legislature,
4-5 Regular Session, 1993, to increase the number of members on the
4-6 Texas Ethics Commission.
4-7 (b) The first member of the Texas Ethics Commission
4-8 appointed under Article III, Section 24a(a)(5), of this
4-9 constitution serves for a four-year term.
4-10 (c) This temporary provision expires January 1, 1999.
4-11 SECTION 3. This proposed constitutional amendment shall be
4-12 submitted to the voters at an election to be held on November 2,
4-13 1993. The ballot shall be printed to provide for voting for or
4-14 against the proposition: "The constitutional amendment adding one
4-15 additional member who is nonpartisan to the Texas Ethics Commission
4-16 to prevent deadlocks from occurring, providing qualifications for
4-17 members of the commission, and providing deadlines for filling
4-18 vacancies."