By: Nelson S.J.R. No. 39
SENATE JOINT RESOLUTION
1-1 relating to the adoption of a constitutional amendment to limit the
1-2 number of times a person shall be elected to the Congress of the
1-3 United States.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Article XVI of the Texas Constitution is amended
1-6 by adding to read Section 71, to read as follows:
1-7 Section 71. LIMITATION OF BALLOT ACCESS BY FEDERAL
1-8 LEGISLATIVE CANDIDATES. (a) FEDERAL LEGISLATIVE CANDIDATES;
1-9 BALLOT ACCESS. Notwithstanding any other provision of law, the
1-10 Secretary of State, or other election official authorized by law,
1-11 shall not accept or verify the signatures on any nomination paper
1-12 for any person, nor shall he or she certify or place on the list of
1-13 certified candidates, nor print or cause to be printed on any
1-14 ballot, pamphlet, sample ballot, or ballot label for a period of
1-15 four years the name of any person, who either:
1-16 (1) seeks to become a candidate for a seat in the
1-17 United States House of Representatives, and who, by the end of the
1-18 current term of office will have served three consecutive two-year
1-19 terms as a member of the United States House of Representatives
1-20 representing any portion or district of the State of Texas; or
1-21 (2) Seeks to become a candidate for a seat in the
1-22 United States Senate, and who, by the end of the then current term
1-23 of office will have served two consecutive six-year terms, as a
2-1 member of the United States Senate representing the State of Texas.
2-2 (b) TRIGGER MECHANISM. No candidate will be restricted from
2-3 the ballot under the provisions of this section until some form of
2-4 term limitation has been applied to the congressional delegation of
2-5 at least twenty-five other states. Congressional term limitations
2-6 enacted in other states having similar trigger mechanisms shall be
2-7 counted toward the twenty-five state requirement for the purpose of
2-8 subsection (c).
2-9 (c) "WRITE-IN" CANDIDACIES. Nothing in this section shall
2-10 be construed as preventing or prohibiting the name of any qualified
2-11 voter of this state from casting a ballot for any person by writing
2-12 the name of that person on the ballot, or from having such a ballot
2-13 counted or tabulated, nor shall any provision of this article be
2-14 construed as preventing or prohibiting any person from standing or
2-15 campaigning for any elective office by means of a "write-in"
2-16 campaign.
2-17 (d) CONSTRUCTION. Nothing in this section shall be
2-18 construed to prevent or to prohibit the name of any person from
2-19 appearing on the ballot at any direct primary or general election
2-20 unless that person is specifically prohibited from doing so by the
2-21 provisions of subsection (b) of this section, and for this purpose
2-22 the provisions of subsection (b) shall be strictly construed.
2-23 (e) INSTRUCTION. The members of the United States House of
2-24 Representatives and United States Senate representing any district
2-25 or portion of Texas are instructed to use their best efforts to
3-1 attain such a limitation on terms nationwide by amendment to the
3-2 United States Constitution.
3-3 (f) APPLICATION. This section shall take effect and be
3-4 applicable to federal legislative candidates whose terms of office
3-5 begin on or after January 1, 1995. Service prior to January 1,
3-6 1995 shall not be counted for the purpose of this section.
3-7 SECTION 2. This proposed constitutional amendment shall be
3-8 submitted to the voters at an election to be held November 2, 1993.
3-9 The ballot shall be printed to provide for voting for or against
3-10 the proposition: "The constitutional amendment to limit the number
3-11 of times a person shall be elected to the Congress of the United
3-12 States."