By Talton                                             H.J.R. No. 56
       74R3019 JSA-D
                                  A JOINT RESOLUTION
    1-1  proposing a constitutional amendment to limit the time that a
    1-2  person may serve in legislative office or in a statewide elective
    1-3  executive office.
    1-4        BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Article III, Texas Constitution, is amended by
    1-6  adding Section 7a to read as follows:
    1-7        Sec. 7a.  (a)  A person is not eligible to be elected to the
    1-8  house of representatives if, on the date of the election, the
    1-9  person has served as a member of the house during all or part of
   1-10  four regular sessions of the legislature.
   1-11        (b)  A person is not eligible to be elected to the senate if,
   1-12  on the date of the election, the person has served as a member of
   1-13  the senate during all or part of four regular sessions of the
   1-14  legislature.
   1-15        (c)  Legislative service before the legislature convenes in
   1-16  regular session in 1997 is not considered in determining whether a
   1-17  person is disqualified from election to office under this section.
   1-18        SECTION 2.  Section 4, Article IV, Texas Constitution, is
   1-19  amended to read as follows:
   1-20        Sec. 4.   (a)  The Governor elected at the general election
   1-21  in 1974, and thereafter, shall be installed on the first Tuesday
   1-22  after the organization of the Legislature, or as soon thereafter as
   1-23  practicable, and shall hold his office for the term of four years,
   1-24  or until his successor shall be duly installed.  He shall be at
    2-1  least thirty years of age, a citizen of the United States, and
    2-2  shall have resided in this State at least five years immediately
    2-3  preceding his election.
    2-4        (b)  A person who has served two four-year terms as Governor
    2-5  is not eligible to serve again as Governor, except to the extent
    2-6  that the person serves until the person's successor is duly
    2-7  installed.  For purposes of this subsection, a person is considered
    2-8  to have served a term if the person served at least three years of
    2-9  the term, or if the person is serving on January 1 of the last year
   2-10  of the term and on that date the person has already served at least
   2-11  two years of the term.  Service as Governor because of the
   2-12  Governor's absence from the State under Section 16 or 17, Article
   2-13  IV, of this Constitution or service as Governor during a term that
   2-14  began before 1999 is not counted in determining whether a person is
   2-15  disqualified from serving as Governor under this subsection.
   2-16        SECTION 3.  Section 16,  Article IV,  Texas Constitution, is
   2-17  amended to read as follows:
   2-18        Sec. 16.   (a)  There shall also be a Lieutenant Governor,
   2-19  who shall be chosen  at every election for Governor by the same
   2-20  electors, in the same manner, continue in office for the same time,
   2-21  and possess the same qualifications.  The electors shall
   2-22  distinguish for whom they vote as Governor and for whom as
   2-23  Lieutenant Governor.  The Lieutenant Governor, shall by virtue of
   2-24  his office, be President of the Senate, and shall have, when in
   2-25  Committee of the Whole, a right to debate and vote on all
   2-26  questions; and when the Senate is equally divided to give the
   2-27  casting vote.  In case of the death, resignation, removal from
    3-1  office, inability or refusal of the Governor to serve, or of his
    3-2  impeachment or absence from the State, the Lieutenant Governor
    3-3  shall exercise the powers and authority appertaining to the office
    3-4  of Governor until another be chosen at the periodical election,
    3-5  and be duly qualified; or until the Governor impeached, absent or
    3-6  disabled, shall be acquitted, return, or his disability be removed.
    3-7        (b)  A person who has served two four-year terms as
    3-8  Lieutenant Governor is not eligible to serve again as Lieutenant
    3-9  Governor, except to the extent that the person serves until the
   3-10  person's successor is duly qualified.  For purposes of this
   3-11  subsection, a person is considered to have served a term if the
   3-12  person served at least three years of the term, or if the person is
   3-13  serving on January 1 of the last year of the term and on that date
   3-14  the person has already served at least two years of the term.
   3-15  Service as Lieutenant Governor during a term that began before 1999
   3-16  is not counted in determining whether a person is disqualified from
   3-17  serving as Lieutenant Governor under this subsection.  Service as
   3-18  Lieutenant  Governor under Section 9, Article III, of this
   3-19  Constitution is not counted in determining whether a person is
   3-20  disqualified from serving as Lieutenant Governor under this
   3-21  subsection.
   3-22        SECTION 4.  Section 22, Article IV, Texas Constitution, is
   3-23  amended to read as follows:
   3-24        Sec. 22.   (a)  The Attorney General elected at the general
   3-25  election in 1974, and thereafter, shall hold office for the term of
   3-26  four years and until his successor is duly qualified.  He shall
   3-27  represent the State in all suits and pleas in the Supreme Court of
    4-1  the State in which the State may be a party, and shall especially
    4-2  inquire into the charter rights of all private corporations, and
    4-3  from time to time, in the name of the State, take such action in
    4-4  the courts as may be proper and necessary to prevent any private
    4-5  corporation from exercising any power or demanding or collecting
    4-6  any species of taxes, tolls, freight or wharfage not authorized by
    4-7  law.  He shall, whenever sufficient cause exists, seek a judicial
    4-8  forfeiture of such charters, unless otherwise expressly directed by
    4-9  law, and give legal advice in writing to the Governor and other
   4-10  executive officers, when requested by them, and perform such other
   4-11  duties as may be required by law.  He shall reside at the seat of
   4-12  government during his continuance in office.  He shall receive for
   4-13  his services an annual salary in an amount to be fixed by the
   4-14  Legislature.
   4-15        (b)  A person who has served two four-year terms as Attorney
   4-16  General is not eligible to serve again as Attorney General, except
   4-17  to the extent that the person serves until the person's successor
   4-18  is duly qualified.  For purposes of this subsection, a person is
   4-19  considered to have served a term if the person served at least
   4-20  three years of the term, or if the person is serving on January 1
   4-21  of the last year of the term and on that date the person has
   4-22  already served at least two years of the term.  Service as Attorney
   4-23  General during a term that began before 1999 is not counted in
   4-24  determining whether a person is disqualified from serving as
   4-25  Attorney General under this subsection.
   4-26        SECTION 5.  Section 23, Article IV, Texas Constitution, is
   4-27  amended to read as follows:
    5-1        Sec. 23.   (a)  The comptroller of Public Accounts, the
    5-2  Treasurer, the Commissioner of the General Land Office, and any
    5-3  statutory State officer who is elected by the electorate of Texas
    5-4  at large, unless a term of office is otherwise specifically
    5-5  provided in this Constitution, shall each hold office for the term
    5-6  of four years and until his successor is qualified.  The four-year
    5-7  term applies to these officers who are elected at the general
    5-8  election in 1974 or thereafter.  Each shall receive an annual
    5-9  salary in an amount to be fixed by the Legislature; reside at the
   5-10  Capital of the State during his continuance in office, and perform
   5-11  such duties as are or may be required by law.  They and the
   5-12  Secretary of State shall not receive to their own use any fees,
   5-13  costs or perquisites of office.  All fees that may be payable by
   5-14  law for any service performed by any officer specified in this
   5-15  section or in his office, shall be paid, when received, into the
   5-16  State Treasury.
   5-17        (b)  A person who has served two four-year terms in an office
   5-18  covered under this section is not eligible to serve again in that
   5-19  office, except to the extent that the person serves until the
   5-20  person's successor is qualified.  For purposes of this subsection,
   5-21  a person is considered to have served a term if the person served
   5-22  at least three years of the term, or if the person is serving on
   5-23  January 1 of the last year of the term and on that date the person
   5-24  has already served at least two years of the term.  Service in an
   5-25  office covered by this section during a term that began before 1999
   5-26  is not counted in determining whether a person is disqualified from
   5-27  serving in the office under this subsection.
    6-1        SECTION 6.  Subsection (b), Section 30, Article XVI, Texas
    6-2  Constitution, is amended to read as follows:
    6-3        (b)  When a Railroad Commission is created by law it shall be
    6-4  composed of three Commissioners who shall be elected by the people
    6-5  at a general election for State officers, and their terms of office
    6-6  shall be six years.  Railroad Commissioners first elected after
    6-7  this amendment goes into effect shall hold office as follows:  One
    6-8  shall serve two years, and one four years, and one six years; their
    6-9  terms to be decided by lot immediately after they shall have
   6-10  qualified.  And one Railroad Commissioner shall be elected every
   6-11  two years thereafter.  In case of vacancy in said office the
   6-12  Governor of the State shall fill  said vacancy by appointment until
   6-13  the next general election.  A person who has served two six-year
   6-14  terms as a Railroad Commissioner is not eligible to serve again as
   6-15  a Railroad Commissioner, except to the extent that the person
   6-16  serves until the person's successor is qualified.  For purposes of
   6-17  this subsection, a person is considered to have served a term if
   6-18  the person served at least three years of the term, or if the
   6-19  person is serving on January 1 of the last year of the term and on
   6-20  that date the person has already served at least two years of the
   6-21  term.  Service as a Railroad Commissioner during a term that began
   6-22  before 1999 is not counted in determining whether a person is
   6-23  disqualified from serving as a Railroad Commissioner under this
   6-24  subsection.
   6-25        SECTION 7.  This proposed constitutional amendment shall be
   6-26  submitted to the voters at an election to be held November 7, 1995.
   6-27  The ballot shall be printed to permit voting for or against the
    7-1  proposition:  "The constitutional amendment to impose term limits
    7-2  on members of the Texas Legislature, on the offices of governor and
    7-3  lieutenant governor, and on other statewide elected offices in the
    7-4  executive branch."