By Wolens H.J.R. No. 76
A JOINT RESOLUTION
1-1 proposing an amendment to limit the number of terms to which a
1-2 person may be elected to the Texas Legislature, the United States
1-3 House of Representatives, the United States Senate, or statewide
1-4 elective executive office.
1-5 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Article III, Texas Constitution, is amended by
1-7 adding Section 7a to read as follows:
1-8 Sec. 7a. (a) A person is not eligible to be elected to the
1-9 house of representatives if, on the date of the election, the
1-10 person has served as a member of the house during all or part of
1-11 six regular sessions of the legislature.
1-12 (b) A person is not eligible to be elected to the senate if,
1-13 on the date of the election, the person has served as a member of
1-14 the senate during all or part of six regular sessions of the
1-15 legislature.
1-16 (c) Legislative service before the legislature convenes in
1-17 regular session in 1997 is not considered in determining whether a
1-18 person is disqualified from election to office under this section.
1-19 SECTION 2. Article XVI, Texas Constitution, is amended by
1-20 adding Section 13 to read as follows:
1-21 Sec. 13. (a) A person is not eligible to be a candidate in
1-22 an election to be a member of the United States Senate from this
1-23 state if the person has previously been elected to two full
2-1 six-year terms as a member of the United States Senate.
2-2 (b) A person is not eligible to be a candidate in an
2-3 election to be a member of the United States House of
2-4 Representatives from this state if the person has previously been
2-5 elected to six full two-year terms as a member of the United States
2-6 House of Representatives.
2-7 (c) Service as a member of the United States Congress for a
2-8 term that begins before January 1, 1996, is not counted in
2-9 determining whether a person is disqualified as a candidate under
2-10 this section.
2-11 (d) If the courts of the United States in an opinion or
2-12 other action applicable to this state determine that a state may
2-13 not prohibit a person from being a candidate in an election to the
2-14 United States Congress because of the person's prior service in or
2-15 election to the Congress but may limit a person with specified
2-16 prior service as a member of Congress to a write-in candidacy,
2-17 Subsections (a) and (b) of this section apply only to the
2-18 eligibility of a person to be a candidate whose name appears on the
2-19 ballot in the applicable election.
2-20 SECTION 3. Section 4, Article IV, Texas Constitution, is
2-21 amended to read as follows:
2-22 Sec. 4. (a) The Governor elected at the general election in
2-23 1974, and thereafter, shall be installed on the first Tuesday after
2-24 the organization of the Legislature, or as soon thereafter as
2-25 practicable, and shall hold his office for the term of four years,
3-1 or until his successor shall be duly installed. He shall be at
3-2 least thirty years of age, a citizen of the United States, and
3-3 shall have resided in this State at least five years immediately
3-4 preceding his election.
3-5 (b) A person who has served two four-year terms as Governor
3-6 is not eligible to serve again as Governor, except to the extent
3-7 that the person serves until the person's successor is duly
3-8 installed. For purposes of this subsection, a person is considered
3-9 to have served a term if the person served at least three years of
3-10 the term. Service as Governor because of the Governor's absence
3-11 from the State under Section 16 or 17, Article IV, of this
3-12 Constitution or service as Governor during a term that began before
3-13 1999 is not counted in determining whether a person is disqualified
3-14 from serving as Governor under this subsection.
3-15 SECTION 4. Section 16, Article IV, Texas Constitution, is
3-16 amended to read as follows:
3-17 Sec. 16. (a) There shall also be a Lieutenant Governor,
3-18 who shall be chosen at every election for Governor by the same
3-19 electors, in the same manner, continue in office for the same time,
3-20 and possess the same qualifications. The electors shall
3-21 distinguish for whom they vote as Governor and for whom as
3-22 Lieutenant Governor. The Lieutenant Governor, shall by virtue of
3-23 his office, be President of the Senate, and shall have, when in
3-24 Committee of the Whole, a right to debate and vote on all
3-25 questions; and when the Senate is equally divided to give the
4-1 casting vote. In case of the death, resignation, removal from
4-2 office, inability or refusal of the Governor to serve, or of his
4-3 impeachment or absence from the State, the Lieutenant Governor
4-4 shall exercise the powers and authority appertaining to the office
4-5 of Governor until another be chosen at the periodical election, and
4-6 be duly qualified; or until the Governor impeached, absent or
4-7 disabled, shall be acquitted, return, or his disability be removed.
4-8 (b) A person who has served two four-year terms as
4-9 Lieutenant Governor is not eligible to serve again as Lieutenant
4-10 Governor, except to the extent that the person serves until the
4-11 person's successor is duly qualified. For purposes of this
4-12 subsection, a person is considered to have served a term if the
4-13 person served at least three years of the term. Service as
4-14 Lieutenant Governor during a term that began before 1999 is not
4-15 counted in determining whether a person is disqualified from
4-16 serving as Lieutenant Governor under this subsection. Service as
4-17 Lieutenant Governor under Section 9, Article III, of this
4-18 Constitution is not counted in determining whether a person is
4-19 disqualified from serving as Lieutenant Governor under this
4-20 subsection.
4-21 SECTION 5. Section 22, Article IV, Texas Constitution, is
4-22 amended to read as follows:
4-23 Sec. 22. (a) The Attorney General elected at the general
4-24 election in 1974, and thereafter, shall hold office for the term of
4-25 four years and until his successor is duly qualified. He shall
5-1 represent the State in all suits and pleas in the Supreme Court of
5-2 the State in which the State may be a party, and shall especially
5-3 inquire into the charter rights of all private corporations, and
5-4 from time to time, in the name of the State, take such action in
5-5 the courts as may be proper and necessary to prevent any private
5-6 corporation from exercising any power or demanding or collecting
5-7 any species of taxes, tolls, freight or wharfage not authorized by
5-8 law. He shall, whenever sufficient cause exists, seek a judicial
5-9 forfeiture of such charters, unless otherwise expressly directed by
5-10 law, and give legal advice in writing to the Governor and other
5-11 executive officers, when requested by them, and perform such other
5-12 duties as may be required by law. He shall reside at the seat of
5-13 government during his continuance in office. He shall receive for
5-14 his services an annual salary in an amount to be fixed by the
5-15 Legislature.
5-16 (b) A person who has served two four-year terms as Attorney
5-17 General is not eligible to serve again as Attorney General, except
5-18 to the extent that the person serves until the person's successor
5-19 is duly qualified. For purposes of this subsection, a person is
5-20 considered to have served a term if the person served at least
5-21 three years of the term. Service as Attorney General during a term
5-22 that began before 1999 is not counted in determining whether a
5-23 person is disqualified from serving as Attorney General under this
5-24 subsection.
5-25 SECTION 6. Section 23, Article IV, Texas Constitution, is
6-1 amended to read as follows:
6-2 Sec. 23. (a) The Comptroller of Public Accounts, the
6-3 Treasurer, the Commissioner of the General Land Office, and any
6-4 statutory State officer who is elected by the electorate of Texas
6-5 at large, unless a term of office is otherwise specifically
6-6 provided in this Constitution, shall each hold office for the term
6-7 of four years and until his successor is qualified. The four-year
6-8 term applies to these officers who are elected at the general
6-9 election in 1974 or thereafter. Each shall receive an annual
6-10 salary in an amount to be fixed by the Legislature; reside at the
6-11 Capital of the State during his continuance in office, and perform
6-12 such duties as are or may be required by law. They and the
6-13 Secretary of State shall not receive to their own use any fees,
6-14 costs or perquisites of office. All fees that may be payable by
6-15 law for any service performed by any officer specified in this
6-16 section or in his office, shall be paid, when received, into the
6-17 State Treasury.
6-18 (b) A person who has served two four-year terms in an office
6-19 covered under this section is not eligible to serve again in that
6-20 office, except to the extent that the person serves until the
6-21 person's successor is qualified. For purposes of this subsection,
6-22 a person is considered to have served a term if the person served
6-23 at least three years of the term. Service in an office covered by
6-24 this section during a term that began before 1999 is not counted in
6-25 determining whether a person is disqualified from serving in the
7-1 office under this subsection.
7-2 SECTION 7. Subsection (b), Section 30, Article XVI, Texas
7-3 Constitution, is amended to read as follows:
7-4 (b) When a Railroad Commission is created by law it shall be
7-5 composed of three Commissioners who shall be elected by the people
7-6 at a general election for State officers, and their terms of office
7-7 shall be six years. Railroad Commissioners first elected after
7-8 this amendment goes into effect shall hold office as follows: One
7-9 shall serve two years, and one four years, and one six years; their
7-10 terms to be decided by lot immediately after they shall have
7-11 qualified. And one Railroad Commissioner shall be elected every
7-12 two years thereafter. In case of vacancy in said office the
7-13 Governor of the State shall fill said vacancy by appointment until
7-14 the next general election. A person who has served two six-year
7-15 terms as a Railroad Commissioner is not eligible to serve again as
7-16 a Railroad Commissioner, except to the extent that the person
7-17 serves until the person's successor is qualified. For purposes of
7-18 this subsection, a person is considered to have served a term if
7-19 the person served at least three years of the term. Service as a
7-20 Railroad Commissioner during a term that began before 1999 is not
7-21 counted in determining whether a person is disqualified from
7-22 serving as a Railroad Commissioner under this subsection.
7-23 SECTION 8. This proposed constitutional amendment shall be
7-24 submitted to the voters at an election to be held November 7, 1995.
7-25 The ballot shall be printed to permit voting for or against the
8-1 proposition: "The constitutional amendment to limit the number of
8-2 terms that a person may serve as a member of the state legislature,
8-3 a member of Congress, the United States Senate, or as governor,
8-4 lieutenant governor, or other statewide elected officer in the
8-5 executive branch of state government."