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."