By Madden H.J.R. No. 17
74R127 JSA-D
A JOINT RESOLUTION
1-1 proposing a constitutional amendment relating to failure to take
1-2 the oath of office and to the eligibility of a person elected to
1-3 the legislature for other offices.
1-4 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Article XVI of the Texas Constitution is amended
1-6 by adding Section 3 to read as follows:
1-7 Sec. 3. (a) A person elected to an office of this state or
1-8 a political subdivision of this state vacates the term of office to
1-9 which elected if the person fails to take the oath of office on or
1-10 before the seventh day after the date on which the term of the
1-11 office begins, unless the person fails to take the oath because of
1-12 illness, hardship, or duress.
1-13 (b) A person who fails to take the oath of office in the
1-14 time required by Subsection (a) of this section because of illness,
1-15 hardship, or duress vacates the term of office to which elected if
1-16 the person fails to take the oath on or before the third day after
1-17 the person is no longer subject to an illness, hardship, or duress
1-18 that prevents the person from taking the oath.
1-19 (c) For purposes of this section, the term of a person
1-20 elected to fill a vacancy begins on the date the person is declared
1-21 to have been elected to the office, unless a different date is
1-22 established by law as the earliest date on which the person may
1-23 take office.
1-24 (d) On application of a person elected to an office covered
2-1 by this section claiming to be unable to take the oath of office,
2-2 or of any person who resides in the area or district from which the
2-3 person was elected, the secretary of state shall determine whether
2-4 the person elected is unable to take the oath because of illness,
2-5 hardship, or duress. The secretary of state may not determine that
2-6 the person elected is able to take the oath unless the secretary of
2-7 state provides notice and an opportunity to be heard to the person
2-8 elected. A person authorized to make an application to the
2-9 secretary of state relating to a person for whom the secretary of
2-10 state makes a determination under this subsection may appeal the
2-11 determination of the secretary of state to the Supreme Court of
2-12 Texas. The court may reverse a determination of the secretary of
2-13 state under this subsection only if it is clearly erroneous.
2-14 SECTION 2. Article III, Section 18, of the Texas
2-15 Constitution is amended to read as follows:
2-16 Sec. 18. (a) No Senator or Representative or person elected
2-17 to a term as a Senator or Representative <shall>, during the term
2-18 for which <he was> elected, is <be> eligible to <(1)> any civil
2-19 office of profit under this State which shall have been created, or
2-20 the emoluments of which may have been increased, during that <such>
2-21 term.
2-22 (b) No Senator or Representative or person elected to a term
2-23 as a Senator or Representative, during the term for which elected,
2-24 is eligible to <or (2)> any office or place, the appointment to
2-25 which may be made, in whole or in part, by either branch of the
2-26 Legislature.
2-27 (c) For purposes of Subsections (a) and (b) of this section
3-1 <; provided, however>, the fact that the term of office of Senators
3-2 and Representatives does not end precisely on the last day of
3-3 December but extends a few days into January of the succeeding year
3-4 shall be considered as de minimis, and the ineligibility herein
3-5 created shall terminate on the last day in December of the last
3-6 full calendar year of the legislative term for which the person
3-7 <he> was elected.
3-8 (d) No member of either House shall vote for any other
3-9 member for any office whatever, which may be filled by a vote of
3-10 the Legislature, except in such cases as are in this Constitution
3-11 provided, nor shall any member of the Legislature be interested,
3-12 either directly or indirectly, in any contract with the State, or
3-13 any county thereof, authorized by any law passed during the term
3-14 for which the member <he> was elected.
3-15 SECTION 3. This proposed constitutional amendment shall be
3-16 submitted to the voters at an election to be held November 7, 1995.
3-17 The ballot shall be printed to provide for voting for or against
3-18 the following proposition: "The constitutional amendment to
3-19 provide that a person elected to public office gives up the office
3-20 if the person fails to take the official oath within a reasonable
3-21 time, and to prohibit a person elected to the legislature from
3-22 taking another office during the term to which elected."