By: Brown S.J.R. No. 17
SENATE JOINT RESOLUTION
1-1 proposing a constitutional amendment relating to the manner in
1-2 which vacancies are filled on the governing bodies of certain
1-3 municipalities.
1-4 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Article XI, Section 11, of the Texas Constitution
1-6 is amended to read as follows:
1-7 Sec. 11. A Home Rule City may provide by charter or charter
1-8 amendment, and a city, town or village operating under the general
1-9 laws may provide by majority vote of the qualified voters voting at
1-10 an election called for that purpose, for a longer term of office
1-11 than two (2) years for its officers, either elective or appointive,
1-12 or both, but not to exceed four (4) years; provided, however, that
1-13 tenure under Civil Service shall not be affected hereby.
1-14 Provided, however, if any of such officers, elective or
1-15 appointive, shall announce their candidacy, or shall in fact become
1-16 a candidate, in any general, special or primary election, for any
1-17 office of profit or trust under the laws of this State or the
1-18 United States other than the office then held, at any time when the
1-19 unexpired term of the office then held shall exceed one (1) year,
1-20 such announcement or such candidacy shall constitute an automatic
1-21 resignation of the office then held, and the vacancy thereby
1-22 created shall be filled pursuant to law in the same manner as other
1-23 vacancies for such office are filled.
1-24 A municipality so providing a term exceeding two (2) years
2-1 but not exceeding four (4) years for any of its non-civil service
2-2 officers must elect all of the members of its governing body by
2-3 majority vote of the qualified voters in such municipality, and any
2-4 vacancy or vacancies occurring on such governing body shall be
2-5 filled by appointment by the remaining members of the governing
2-6 body. The appointee serves until the next regular municipal
2-7 election that occurs on a date after the 60th day after the date
2-8 the vacancy occurs. If the next regular municipal election does
2-9 not occur by the second anniversary of the date of the vacancy,
2-10 then the municipality shall call a special election <not be filled
2-11 by appointment but must be filled by a majority vote of the
2-12 qualified voters at a special election called for such purpose
2-13 within one hundred and twenty (120) days after such vacancy or
2-14 vacancies occur>.
2-15 SECTION 2. This proposed constitutional amendment shall be
2-16 submitted to the voters at an election to be held on November 2,
2-17 1993. The ballot shall be printed to provide for voting for or
2-18 against the proposition: "The constitutional amendment to require
2-19 that a vacancy on a municipal governing body whose members serve
2-20 terms for more than two years but not more than four years is to be
2-21 filled by appointment by the remaining members of the governing
2-22 body."