By Allen H.J.R. No. 38
74R2192 JSA-D
A JOINT RESOLUTION
1-1 proposing a constitutional amendment relating to the terms,
1-2 service, and election of members of the legislature and state
1-3 executive officers.
1-4 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Sections 3 and 4, Article III, Texas
1-6 Constitution, are amended to read as follows:
1-7 Sec. 3. (a) The Senators shall be chosen by the qualified
1-8 electors for the term of six <four> years; but a new Senate shall
1-9 be chosen after every apportionment, and the Senators elected after
1-10 each apportionment shall be divided by lot into three <two>
1-11 classes. The seats of the Senators of the first class shall be
1-12 vacated at the expiration of the first two years, <and> those of
1-13 the second class at the expiration of four years, and those of the
1-14 third class at the expiration of six years, so that one-third
1-15 <one-half> of the Senators as nearly as possible shall be chosen
1-16 biennially thereafter.
1-17 (b) Senators shall take office following their election, on
1-18 the day set by law for the convening of the Regular Session of the
1-19 Legislature, and shall serve thereafter for the full term of years
1-20 to which elected and until their successors shall have been elected
1-21 and qualified.
1-22 (c) Senators continue to serve four-year terms as provided
1-23 by this section as it existed on January 1, 1995, until the next
1-24 time a new Senate is elected, at which time Senators shall draw
2-1 lots for terms as provided by Subsection (a). This subsection
2-2 expires January 1, 2004.
2-3 Sec. 4. (a) The Members of the House of Representatives
2-4 shall be chosen by the qualified electors for the term of four
2-5 <two> years. Elections for Representatives shall be conducted in
2-6 each even-numbered year in which the regular election for Governor
2-7 to a four-year term is not conducted.
2-8 (b) Representatives shall take office following their
2-9 election, on the day set by law for the convening of the Regular
2-10 Session of the Legislature, and shall serve thereafter for the full
2-11 term of years to which elected and until their successors shall
2-12 have been elected and qualified.
2-13 (c) Representatives serve four-year terms as provided by
2-14 Subsection (a) of this section beginning with the Representatives
2-15 elected to the 75th Legislature. Representatives elected to the
2-16 74th Legislature serve two-year terms. This subsection expires
2-17 January 1, 2001.
2-18 SECTION 2. Article III, Texas Constitution, is amended by
2-19 adding Section 7a to read as follows:
2-20 Sec. 7a. (a) A person is not eligible to be elected to the
2-21 house of representatives if the person served as a member of the
2-22 house during all or part of the six most recent regular sessions of
2-23 the legislature preceding the date of the election.
2-24 (b) A person is not eligible to be elected to the senate if
2-25 the person served as a member of the senate during all or part of
2-26 the six most recent regular sessions of the legislature preceding
2-27 the date of the election.
3-1 (c) For an election that occurs during a regular session of
3-2 the legislature, that session is not considered as a preceding
3-3 regular session for purposes of determining a person's eligibility
3-4 under this section to be elected at that election.
3-5 (d) Legislative service before the legislature convenes in
3-6 regular session in 1997 is not counted in determining whether a
3-7 person is disqualified from election to office under this section.
3-8 SECTION 3. Section 28, Article III, Texas Constitution, is
3-9 amended to read as follows:
3-10 Sec. 28. (a) The Legislature shall, at its first regular
3-11 session after the publication of each United States decennial
3-12 census, apportion the state into senatorial and representative
3-13 districts, agreeable to the provisions of Sections 25, 26, and 26-a
3-14 of this Article.
3-15 (b) In the event the Legislature shall at any such first
3-16 regular session following the publication of a United States
3-17 decennial census, fail to make such apportionment, same shall be
3-18 done by the Legislative Redistricting Board of Texas, which is
3-19 hereby created, and shall be composed of five (5) members, as
3-20 follows: The Lieutenant Governor, the Speaker of the House of
3-21 Representatives, the Attorney General, the Comptroller of Public
3-22 Accounts and the Commissioner of the General Land Office, a
3-23 majority of whom shall constitute a quorum.
3-24 (c) Said Board shall assemble in the City of Austin within
3-25 ninety (90) days after the final adjournment of such regular
3-26 session. The Board shall, within sixty (60) days after assembling,
3-27 apportion the state into senatorial and representative districts,
4-1 or into senatorial or representative districts, as the failure of
4-2 action of such Legislature may make necessary. Such apportionment
4-3 shall be in writing and signed by three (3) or more of the members
4-4 of the Board duly acknowledged as the act and deed of such Board,
4-5 and, when so executed and filed with the Secretary of State, shall
4-6 have force and effect of law. Such apportionment for the Senate
4-7 shall become effective at the next succeeding statewide general
4-8 election, and for the House of Representatives shall become
4-9 effective at the next succeeding statewide general election for
4-10 House members, as provided by Section 4(a) of this Article.
4-11 (d) The Supreme Court of Texas shall have jurisdiction to
4-12 compel such Board <Commission> to perform its duties in accordance
4-13 with the provisions of this section by writ of mandamus or other
4-14 extraordinary writs conformable to the usages of law.
4-15 (e) The Legislature shall provide necessary funds for
4-16 clerical and technical aid and for other expenses incidental to the
4-17 work of the Board, and the Lieutenant Governor and the Speaker of
4-18 the House of Representatives shall be entitled to receive per diem
4-19 and travel expense during the Board's session in the same manner
4-20 and amount as they would receive while attending a special session
4-21 of the Legislature. This amendment shall become effective January
4-22 1, 1951.
4-23 SECTION 4. Article IV, Texas Constitution, is amended by
4-24 adding Section 2a to read as follows:
4-25 Sec. 2a. (a) A person is not eligible to a full or partial
4-26 term in an elective office listed in Section 1 of this article
4-27 other than the office of lieutenant governor if on the date the
5-1 term begins the person has served in that office during any part of
5-2 each of the preceding eight calendar years.
5-3 (b) A person is not eligible to a full or partial term in
5-4 the office of lieutenant governor or any other state office, other
5-5 than a judicial office, elected by the voters at a statewide
5-6 election, if on the date the term begins the person has served in
5-7 that office during any part of the preceding 12 calendar years.
5-8 (c) For purposes of this section, service in more than one
5-9 elective position on the governing board of a state agency is
5-10 considered service in the same office. This subsection does not
5-11 apply to ex officio service on a governing board.
5-12 (d) Nothing in this section prohibits a person from
5-13 continuing to serve in an office covered by this section after the
5-14 end of a term as a holdover under Section 17, Article XVI, of this
5-15 constitution until a successor is qualified.
5-16 (e) For purposes of this section, a calendar year begins
5-17 January 1 and ends December 31.
5-18 (f) Service in office for a term that begins before January
5-19 1, 1997, does not count for purposes of determining whether a
5-20 person is disqualified from office under this section.
5-21 SECTION 5. This proposed constitutional amendment shall be
5-22 submitted to the voters at an election to be held November 7, 1995.
5-23 The ballot shall be printed to permit voting for or against the
5-24 following proposition: "The constitutional amendment to impose
5-25 term limits on members of the legislature and on elected statewide
5-26 officers in the executive branch of the state government and to
5-27 modify the terms of the members of the legislature."