BILL ANALYSIS
C.S.H.J.R. 1
By: Marchant
05-06-95
Committee Report (Substituted)
BACKGROUND
Lately, there has been increased debate over term limitations for
elected officials. Advocates of term limitations believe that it
will enhance representation and participation in the political
process, balance public and private interests and safeguard the
public trust. Several states have passed legislation or citizen
based initiatives regarding term limits.
PURPOSE
HJR 1 requires the submission to the voters of a constitutional
amendment authorizing term limits for all persons elected to the
Texas Legislature, a statewide office, board or commission, and the
United States Congress.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency, or institution.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Article III of the Texas Constitution by adding
Section 7a as follows:
Sec. 7a.(a) A person would not be eligible to be
elected to the House of Representatives if that person had
served as a member of the house
during all or part of six regular
sessions of the legislature.
(b) A person would not be eligible to be elected to the
Senate if that person had served or been a member of the
Senate for all or part of six regular sessions of the
legislature.
(c) Legislative service prior to the 1997 regular
session is not considered in determining a person's
eligibility.
SECTION 2. Amends XVI of the Texas Constitution by adding Section
13 as follows:
Sec. 13. (a) A person would not be eligible to be a
candidate in an election to be a member of the United
States Senate from this state
if the person had previously
served two full six-year terms
as a member of the United
States Senate.
(b) A person would not be eligible to be a
candidate in an election to be a member of
the
United
States
House
of
Representatives
from
this
state
if
the
person had
previously
served six
full
two-year
terms
as a
member of
the
United
States
House
of
Representatives.
(c) Each election to a full term of office before this
section takes effect is counted in the same manner as
election to a full term of office on or after the date
takes effect.
SECTION 3. Amends Article IV, Texas Constitution, by adding Section
2a, as follows:
Sec. 2a. (a) Provides that a person is ineligible for
a full or partial term in any statewide elected office,
other than a judicial office, if on the date the term
begins, the person has served in that office for any
part of each of 12 calendar years or more.
(b) Provides that a person is ineligible for a full or
partial term as a member of a state board, commission,
or other governing body, the members of which are
elected by the voters of the entire state, if on the
date the term begins the person has served as a member
of the board, commission, or body during any part of
each of 12 calendar years or more.
(c) For purposes of determining eligibility of a person
to be elected to the office of lieutenant governor,
prior service as a member of the senate counts as prior
service as lieutenant governor.
(d) For purposes of determining eligibility under this
section, all service in office before the date this
section takes effect is counted in the same manner as
service in office on or after the date this section
takes effect.
(e) Provides that a person is not prohibited from
continuing to serve as a holdover until a successor is
qualified.
(f) Defines dates of a calendar year.
SECTION 4. Requires this constitutional amendment be submitted to
the voters at an election to be held on November 7, 1995.
Sets forth language for the
ballot.
COMPARISON OF ORIGINAL TO SUBSTITUTE
The original bill only established term limits for members of the
Texas Legislature and the Texas members of the US Congress. The
substitute adds term limits for all statewide elected state office,
other than a judicial office, and for all members of a state board,
commission, or other governing body, that are elected by the voters
of the entire state.
The original bill also provided that service in office before the
effective date of the act did not count towards the 12 year limits.
The substitute provides that previous service in the office before
the effective date of the bill counts toward the 12 year limits.
The substitute also adds a provision that makes prior service in
the Senate counts toward the term limits for Lt. Governor.
SUMMARY OF COMMITTEE ACTION
Pursuant to posting of public notice, the Committee on State
Affairs convened in a public hearing on April 24, 1995 to consider
HJR 1. The Chair laid out HJR 1 and recognized Rep. Marchant to
explain the resolution. The following person testified for the
resolution: Gregory D. Watson representing himself. The following
person testified against the resolution: Richard F. Reynolds
representing himself. The Chair left HJR 1 pending. HJR 1 was
considered by the committee in a formal meeting on May 5, 1995.
The Chair laid out HJR 1. A complete committee substitute was
considered. The substitute was adopted without objection. HJR 1
was reported favorably as substituted with the recommendation that
it do pass and be printed which prevailed by a record vote of 14
ayes, 0 nays, 0 pnv, 1 absent.