By Shields H.J.R. No. 83
74R672 JRD-D
A JOINT RESOLUTION
1-1 proposing a constitutional amendment to limit the number of years
1-2 that a person may serve in an elective executive department office
1-3 of state government.
1-4 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 4, Article IV, Texas Constitution, is
1-6 amended to read as follows:
1-7 Sec. 4. (a) The Governor <elected at the general election
1-8 in 1974, and thereafter,> shall be installed on the first Tuesday
1-9 after the organization of the Legislature, or as soon thereafter as
1-10 practicable, and shall hold his office for the term of four years,
1-11 or until his successor shall be duly installed. He shall be at
1-12 least thirty years of age, a citizen of the United States, and
1-13 shall have resided in this State at least five years immediately
1-14 preceding his election.
1-15 (b) A person is not eligible to serve a full or partial term
1-16 as Governor if on December 31 of the last full calendar year of the
1-17 term the person will have served as Governor during any part of
1-18 each of 12 or more calendar years. For purposes of this
1-19 subsection, a calendar year begins January 1 and ends December 31.
1-20 Service as Governor because of the Governor's absence from the
1-21 State under Section 16 or 17, Article IV, of this constitution or
1-22 service as Governor during a term that began before 1999 is not
1-23 counted in determining whether a person is disqualified from
1-24 serving as Governor under this subsection.
2-1 SECTION 2. Section 16, Article IV, Texas Constitution, is
2-2 amended to read as follows:
2-3 Sec. 16. (a) There shall also be a Lieutenant Governor, who
2-4 shall be chosen at every election for Governor by the same
2-5 electors, in the same manner, continue in office for the same time,
2-6 and possess the same qualifications. The electors shall
2-7 distinguish for whom they vote as Governor and for whom as
2-8 Lieutenant Governor. The Lieutenant Governor, shall by virtue of
2-9 his office, be President of the Senate, and shall have, when in
2-10 Committee of the Whole, a right to debate and vote on all
2-11 questions; and when the Senate is equally divided to give the
2-12 casting vote. In case of the death, resignation, removal from
2-13 office, inability or refusal of the Governor to serve, or of his
2-14 impeachment or absence from the State, the Lieutenant Governor
2-15 shall exercise the powers and authority appertaining to the office
2-16 of Governor until another be chosen at the periodical election, and
2-17 be duly qualified; or until the Governor impeached, absent or
2-18 disabled, shall be acquitted, return, or his disability be removed.
2-19 (b) A person is not eligible to serve a full or partial term
2-20 as Lieutenant Governor if on December 31 of the last full calendar
2-21 year of the term the person will have served as Lieutenant Governor
2-22 during any part of each of 12 or more calendar years. For purposes
2-23 of this subsection, a calendar year begins January 1 and ends
2-24 December 31. Service as Lieutenant Governor during a term that
2-25 began before 1999 is not counted in determining whether a person is
2-26 disqualified from serving as Lieutenant Governor under this
2-27 subsection. Service as Lieutenant Governor under Section 9,
3-1 Article III, of this constitution because of a person's position as
3-2 President pro tempore of the Senate is not counted in determining
3-3 whether a person is disqualified from serving as Lieutenant
3-4 Governor under this subsection, but service under Section 9,
3-5 Article III, of this constitution because of an election by the
3-6 Committee of the Whole Senate is counted in determining whether a
3-7 person is disqualified from serving as Lieutenant Governor under
3-8 this subsection.
3-9 SECTION 3. Section 22, Article IV, Texas Constitution, is
3-10 amended to read as follows:
3-11 Sec. 22. (a) The Attorney General <elected at the general
3-12 election in 1974, and thereafter,> shall hold office for the term
3-13 of four years and until his successor is duly qualified. He shall
3-14 represent the State in all suits and pleas in the Supreme Court of
3-15 the State in which the State may be a party, and shall especially
3-16 inquire into the charter rights of all private corporations, and
3-17 from time to time, in the name of the State, take such action in
3-18 the courts as may be proper and necessary to prevent any private
3-19 corporation from exercising any power or demanding or collecting
3-20 any species of taxes, tolls, freight or wharfage not authorized by
3-21 law. He shall, whenever sufficient cause exists, seek a judicial
3-22 forfeiture of such charters, unless otherwise expressly directed by
3-23 law, and give legal advice in writing to the Governor and other
3-24 executive officers, when requested by them, and perform such other
3-25 duties as may be required by law. He shall reside at the seat of
3-26 government during his continuance in office. He shall receive for
3-27 his services an annual salary in an amount to be fixed by the
4-1 Legislature.
4-2 (b) A person is not eligible to serve a full or partial term
4-3 as Attorney General if on December 31 of the last full calendar
4-4 year of the term the person will have served as Attorney General
4-5 during any part of each of 12 or more calendar years. For purposes
4-6 of this subsection, a calendar year begins January 1 and ends
4-7 December 31. Service as Attorney General during a term that began
4-8 before 1999 is not counted in determining whether a person is
4-9 disqualified from serving as Attorney General under this
4-10 subsection.
4-11 SECTION 4. Section 23, Article IV, Texas Constitution, is
4-12 amended to read as follows:
4-13 Sec. 23. (a) The comptroller of Public Accounts, the
4-14 Treasurer, the Commissioner of the General Land Office, and any
4-15 statutory State officer who is elected by the electorate of Texas
4-16 at large, unless a term of office is otherwise specifically
4-17 provided in this Constitution, shall each hold office for the term
4-18 of four years and until his successor is qualified. <The four-year
4-19 term applies to these officers who are elected at the general
4-20 election in 1974 or thereafter.> Each shall receive an annual
4-21 salary in an amount to be fixed by the Legislature; reside at the
4-22 Capital of the State during his continuance in office, and perform
4-23 such duties as are or may be required by law. They and the
4-24 Secretary of State shall not receive to their own use any fees,
4-25 costs or perquisites of office. All fees that may be payable by
4-26 law for any service performed by any officer specified in this
4-27 section or in his office, shall be paid, when received, into the
5-1 State Treasury.
5-2 (b) A person is not eligible to serve a full or partial term
5-3 in an office covered under this section if on December 31 of the
5-4 last full calendar year of the term the person will have served in
5-5 that office during any part of each of 12 or more calendar years.
5-6 For purposes of this subsection, a calendar year begins January 1
5-7 and ends December 31. Service in an office covered under this
5-8 section during a term that began before 1999 is not counted in
5-9 determining whether a person is disqualified from serving in the
5-10 office under this subsection.
5-11 SECTION 5. Section 8, Article VII, Texas Constitution, is
5-12 amended to read as follows:
5-13 Sec. 8. (a) The Legislature shall provide by law for a
5-14 State Board of Education, whose members shall be appointed or
5-15 elected in such manner and by such authority and shall serve for
5-16 such terms as the Legislature shall prescribe not to exceed six
5-17 years. The said board shall perform such duties as may be
5-18 prescribed by law.
5-19 (b) If the members of the State Board of Education are
5-20 elected, a person is not eligible to serve a full or partial term
5-21 as a member of the State Board of Education if on December 31 of
5-22 the last full calendar year of the term the person will have served
5-23 as a member of the State Board of Education during any part of each
5-24 of 12 or more calendar years. For purposes of this subsection, a
5-25 calendar year begins January 1 and ends December 31. Service as a
5-26 member of the State Board of Education during a term that began
5-27 before 1999 is not counted in determining whether a person is
6-1 disqualified from serving as a member of the State Board of
6-2 Education under this subsection.
6-3 SECTION 6. Subsection (b), Section 30, Article XVI, Texas
6-4 Constitution, is amended to read as follows:
6-5 (b) When a Railroad Commission is created by law it shall be
6-6 composed of three Commissioners who shall be elected by the people
6-7 at a general election for State officers, and their terms of office
6-8 shall be six years. Railroad Commissioners first elected after
6-9 this amendment goes into effect shall hold office as follows: One
6-10 shall serve two years, and one four years, and one six years; their
6-11 terms to be decided by lot immediately after they shall have
6-12 qualified. And one Railroad Commissioner shall be elected every
6-13 two years thereafter. In case of vacancy in said office the
6-14 Governor of the State shall fill said vacancy by appointment until
6-15 the next general election. A person is not eligible to serve a
6-16 full or partial term as a Railroad Commissioner if on December 31
6-17 of the last full calendar year of the term the person will have
6-18 served as a Railroad Commissioner during any part of each of 12 or
6-19 more calendar years. For purposes of this subsection, a calendar
6-20 year begins January 1 and ends December 31. Service as a Railroad
6-21 Commissioner during a term that began before 1999 is not counted in
6-22 determining whether a person is disqualified from serving as a
6-23 Railroad Commissioner under this subsection.
6-24 SECTION 7. This proposed constitutional amendment shall be
6-25 submitted to the voters at an election to be held November 7, 1995.
6-26 The ballot shall be printed to provide for voting for or against
6-27 the proposition: "The constitutional amendment to limit the number
7-1 of years that a person may serve as governor, lieutenant governor,
7-2 or any other elected executive department officer of state
7-3 government."