1-1 By: Brown S.J.R. No. 17
1-2 (In the Senate - Filed February 11, 1993; February 15, 1993,
1-3 read first time and referred to Committee on Intergovernmental
1-4 Relations; April 15, 1993, reported favorably, as amended, by the
1-5 following vote: Yeas 8, Nays 0; April 15, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Armbrister x
1-9 Leedom x
1-10 Carriker x
1-11 Henderson x
1-12 Madla x
1-13 Moncrief x
1-14 Patterson x
1-15 Rosson x
1-16 Shapiro x
1-17 Wentworth x
1-18 Whitmire x
1-19 COMMITTEE AMENDMENT NO. 1 By: Patterson
1-20 Amend S.J.R. No. 17, Section 1 by striking the words "The next
1-21 regular municipal election must occur not later than the second
1-22 anniversary of the date of the vacancy" and inserting the words "If
1-23 the next regular municipal election does not occur by the second
1-24 anniversary of the date of the vacancy, then the municipality shall
1-25 call a special election".
1-26 SENATE JOINT RESOLUTION
1-27 proposing a constitutional amendment relating to the manner in
1-28 which vacancies are filled on the governing bodies of certain
1-29 municipalities.
1-30 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-31 SECTION 1. Article XI, Section 11, of the Texas Constitution
1-32 is amended to read as follows:
1-33 Sec. 11. A Home Rule City may provide by charter or charter
1-34 amendment, and a city, town or village operating under the general
1-35 laws may provide by majority vote of the qualified voters voting at
1-36 an election called for that purpose, for a longer term of office
1-37 than two (2) years for its officers, either elective or appointive,
1-38 or both, but not to exceed four (4) years; provided, however, that
1-39 tenure under Civil Service shall not be affected hereby.
1-40 Provided, however, if any of such officers, elective or
1-41 appointive, shall announce their candidacy, or shall in fact become
1-42 a candidate, in any general, special or primary election, for any
1-43 office of profit or trust under the laws of this State or the
1-44 United States other than the office then held, at any time when the
1-45 unexpired term of the office then held shall exceed one (1) year,
1-46 such announcement or such candidacy shall constitute an automatic
1-47 resignation of the office then held, and the vacancy thereby
1-48 created shall be filled pursuant to law in the same manner as other
1-49 vacancies for such office are filled.
1-50 A municipality so providing a term exceeding two (2) years
1-51 but not exceeding four (4) years for any of its non-civil service
1-52 officers must elect all of the members of its governing body by
1-53 majority vote of the qualified voters in such municipality, and any
1-54 vacancy or vacancies occurring on such governing body shall be
1-55 filled by appointment by the remaining members of the governing
1-56 body. The appointee serves until the next regular municipal
1-57 election that occurs on a date after the 60th day after the date
1-58 the vacancy occurs. The next regular municipal election must occur
1-59 not later than the second anniversary of the date of the vacancy
1-60 <not be filled by appointment but must be filled by majority vote
1-61 of the qualified voters at a special election called for such
1-62 purpose within one hundred and twenty (120) days after such vacancy
1-63 or vacancies occur>.
1-64 SECTION 2. This proposed constitutional amendment shall be
1-65 submitted to the voters at an election to be held on November 2,
1-66 1993. The ballot shall be printed to provide for voting for or
1-67 against the proposition: "The constitutional amendment to require
1-68 that a vacancy on a municipal governing body whose members serve
2-1 terms for more than two years but not more than four years is to be
2-2 filled by appointment by the remaining members of the governing
2-3 body."
2-4 * * * * *
2-5 Austin,
2-6 Texas
2-7 April 15, 1993
2-8 Hon. Bob Bullock
2-9 President of the Senate
2-10 Sir:
2-11 We, your Committee on Intergovernmental Relations to which was
2-12 referred S.J.R. No. 17, have had the same under consideration, and
2-13 I am instructed to report it back to the Senate with the
2-14 recommendation that it do pass, as amended, and be printed.
2-15 Armbrister,
2-16 Chairman
2-17 * * * * *
2-18 WITNESSES
2-19 FOR AGAINST ON
2-20 ___________________________________________________________________
2-21 Name: Firmin A. Hickey, Jr. x
2-22 Representing: City of Bellaire
2-23 City: Houston
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2-25 Name: Joy C. LeBlanc x
2-26 Representing: City of Bellaire
2-27 City: Houston
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