BILL ANALYSIS


                                                         S.B. 277
                                                   By: Armbrister
                                                    State Affairs
                                                          3- 6-95
                                     Committee Report (Unamended)
BACKGROUND

No laws exist to limit the number of times that a congressperson
may be elected from Texas.  In the previous election, over 93
percent of all national representatives and senators were
reelected, and yet voters in 16 out of 18 states in which the
question was on the ballot chose to limit the number of terms to
which representatives and senators may be elected. 

PURPOSE

As proposed, S.B. 277 sets forth eligibility limits for members of
the United States Senate or House of Representatives to be a
candidate for the same office.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Title 9, Election Code, by adding Chapter 147,
as follows:

        CHAPTER 147.  CANDIDATE FOR UNITED STATES CONGRESS

     Sec. 147.001.  CERTAIN PERSONS INELIGIBLE AS CANDIDATE TO
     UNITED STATES SENATE.  Provides that a person is ineligible to
     be a candidate for United States senator if the person is
     serving as a member of the United States Senate and, upon
     completing the term, the person will have served all of two
     consecutive terms as United States senator.
     
     Sec. 147.002.  CERTAIN PERSONS INELIGIBLE AS CANDIDATE TO THE
     UNITED STATES HOUSE OF REPRESENTATIVES.  Provides that a
     person is ineligible to be a candidate for the United States
     representative if the person is serving as a member of the
     United States House of Representatives and, upon completing
     the term, the person will have served all of three consecutive
     terms as United States representative.
     
     Sec. 147.003.  WRITE-IN CANDIDACY PERMITTED.  Provides that
     Sections 147.001 and 147.002 do not make a person ineligible
     to be a write-in candidate for either office.
     
     Sec. 147.004.  EFFECTIVE DATES.  (a) Provides that Section
     147.001 takes effect on the date the secretary of state
     (secretary) makes a certification to the governor, with an
     exception.
     
     (b) Provides that Section 147.002 takes effect on the date
       the secretary makes a certification to the governor, with an
       exception.
       
       (c) Requires the secretary to take steps to determine
       whether each state that elects United States senators has by
       law provided that a person is ineligible, disregarding
       write-in candidates, to be elected to or to serve in the
       office of United States senator or representative because of
       the person's prior service in that office, and to maintain
       a record of which states have done so.
       
       (d)-(e) Require the secretary to certify in writing to the
       governor on the earliest date the secretary determines that
       25 states or more have adopted a law described by Subsection
       (c) applicable to the office of United States senator or
       representative.
       
       (f) Requires the secretary to file a notice of the
       certification for publication in the Texas Register when the
       secretary makes a certification to the governor.
       
       (g) Provides that a state is considered to have adopted a
       law described by Subsection (c) even if the law is
       contingent on the adoption of a similar law by other states.
     Sec 147.005.  CERTAIN SERVICE EXCLUDED.  Provides that service
     as a United States senator or representative for a term
     beginning before January 1, 1997, does not count in
     determining the eligibility of a person to be a candidate for
     either office.
     
SECTION 2. Effective date:  September 1, 1995.

SECTION 3. Emergency clause.