By:  Brown                                            S.J.R. No. 17
       73R2864 CAG-F
                                  A 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.  The next regular municipal election must occur
    2-9  not later than the second anniversary of the date of the vacancy
   2-10  <not be filled by appointment but must be filled by majority vote
   2-11  of the qualified voters at a special election called for such
   2-12  purpose within one hundred and twenty (120) days after such vacancy
   2-13  or vacancies occur>.
   2-14        SECTION 2.  This proposed constitutional amendment shall be
   2-15  submitted to the voters at an election to be held on November 2,
   2-16  1993.  The ballot shall be printed to provide for voting for or
   2-17  against the proposition:  "The constitutional amendment to require
   2-18  that a vacancy on a municipal governing body whose members serve
   2-19  terms for more than two years but not more than four years is to be
   2-20  filled by appointment by the remaining members of the governing
   2-21  body."