By Nelson S.J.R. No. 22 74R1674 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. Service as Governor because of the Governor's absence 2-10 from the State under Section 16 or 17, Article IV, of this 2-11 Constitution or service as Governor during a term that began before 2-12 1999 is not counted in determining whether a person is disqualified 2-13 from serving as Governor under this subsection. 2-14 SECTION 3. Section 16, Article IV, Texas Constitution, is 2-15 amended to read as follows: 2-16 Sec. 16. (a) There shall also be a Lieutenant Governor, 2-17 who shall be chosen at every election for Governor by the same 2-18 electors, in the same manner, continue in office for the same time, 2-19 and possess the same qualifications. The electors shall 2-20 distinguish for whom they vote as Governor and for whom as 2-21 Lieutenant Governor. The Lieutenant Governor, shall by virtue of 2-22 his office, be President of the Senate, and shall have, when in 2-23 Committee of the Whole, a right to debate and vote on all 2-24 questions; and when the Senate is equally divided to give the 2-25 casting vote. In case of the death, resignation, removal from 2-26 office, inability or refusal of the Governor to serve, or of his 2-27 impeachment or absence from the State, the Lieutenant Governor 3-1 shall exercise the powers and authority appertaining to the office 3-2 of Governor until another be chosen at the periodical election, 3-3 and be duly qualified; or until the Governor impeached, absent or 3-4 disabled, shall be acquitted, return, or his disability be removed. 3-5 (b) A person who has served two four-year terms as 3-6 Lieutenant Governor is not eligible to serve again as Lieutenant 3-7 Governor, except to the extent that the person serves until the 3-8 person's successor is duly qualified. For purposes of this 3-9 subsection, a person is considered to have served a term if the 3-10 person served at least three years of the term. Service as 3-11 Lieutenant Governor during a term that began before 1999 is not 3-12 counted in determining whether a person is disqualified from 3-13 serving as Lieutenant Governor under this subsection. Service as 3-14 Lieutenant Governor under Section 9, Article III, of this 3-15 Constitution is not counted in determining whether a person is 3-16 disqualified from serving as Lieutenant Governor under this 3-17 subsection. 3-18 SECTION 4. Section 22, Article IV, Texas Constitution, is 3-19 amended to read as follows: 3-20 Sec. 22. (a) The Attorney General elected at the general 3-21 election in 1974, and thereafter, shall hold office for the term of 3-22 four years and until his successor is duly qualified. He shall 3-23 represent the State in all suits and pleas in the Supreme Court of 3-24 the State in which the State may be a party, and shall especially 3-25 inquire into the charter rights of all private corporations, and 3-26 from time to time, in the name of the State, take such action in 3-27 the courts as may be proper and necessary to prevent any private 4-1 corporation from exercising any power or demanding or collecting 4-2 any species of taxes, tolls, freight or wharfage not authorized by 4-3 law. He shall, whenever sufficient cause exists, seek a judicial 4-4 forfeiture of such charters, unless otherwise expressly directed by 4-5 law, and give legal advice in writing to the Governor and other 4-6 executive officers, when requested by them, and perform such other 4-7 duties as may be required by law. He shall reside at the seat of 4-8 government during his continuance in office. He shall receive for 4-9 his services an annual salary in an amount to be fixed by the 4-10 Legislature. 4-11 (b) A person who has served two four-year terms as Attorney 4-12 General is not eligible to serve again as Attorney General, except 4-13 to the extent that the person serves until the person's successor 4-14 is duly qualified. For purposes of this subsection, a person is 4-15 considered to have served a term if the person served at least 4-16 three years of the term. Service as Attorney General during a term 4-17 that began before 1999 is not counted in determining whether a 4-18 person is disqualified from serving as Attorney General under this 4-19 subsection. 4-20 SECTION 5. Section 23, Article IV, Texas Constitution, is 4-21 amended to read as follows: 4-22 Sec. 23. (a) The comptroller of Public Accounts, the 4-23 Treasurer, the Commissioner of the General Land Office, and any 4-24 statutory State officer who is elected by the electorate of Texas 4-25 at large, unless a term of office is otherwise specifically 4-26 provided in this Constitution, shall each hold office for the term 4-27 of four years and until his successor is qualified. The four-year 5-1 term applies to these officers who are elected at the general 5-2 election in 1974 or thereafter. Each shall receive an annual 5-3 salary in an amount to be fixed by the Legislature; reside at the 5-4 Capital of the State during his continuance in office, and perform 5-5 such duties as are or may be required by law. They and the 5-6 Secretary of State shall not receive to their own use any fees, 5-7 costs or perquisites of office. All fees that may be payable by 5-8 law for any service performed by any officer specified in this 5-9 section or in his office, shall be paid, when received, into the 5-10 State Treasury. 5-11 (b) A person who has served two four-year terms in an office 5-12 covered under this section is not eligible to serve again in that 5-13 office, except to the extent that the person serves until the 5-14 person's successor is qualified. For purposes of this subsection, 5-15 a person is considered to have served a term if the person served 5-16 at least three years of the term. Service in an office covered by 5-17 this section during a term that began before 1999 is not counted in 5-18 determining whether a person is disqualified from serving in the 5-19 office under this subsection. 5-20 SECTION 6. Subsection (b), Section 30, Article XVI, Texas 5-21 Constitution, is amended to read as follows: 5-22 (b) When a Railroad Commission is created by law it shall be 5-23 composed of three Commissioners who shall be elected by the people 5-24 at a general election for State officers, and their terms of office 5-25 shall be six years. Railroad Commissioners first elected after 5-26 this amendment goes into effect shall hold office as follows: One 5-27 shall serve two years, and one four years, and one six years; their 6-1 terms to be decided by lot immediately after they shall have 6-2 qualified. And one Railroad Commissioner shall be elected every 6-3 two years thereafter. In case of vacancy in said office the 6-4 Governor of the State shall fill said vacancy by appointment until 6-5 the next general election. A person who has served one six-year 6-6 term as a Railroad Commissioner is not eligible to serve again as a 6-7 Railroad Commissioner, except to the extent that the person serves 6-8 until the person's successor is qualified. For purposes of this 6-9 subsection, a person is considered to have served a term if the 6-10 person served at least three years of the term. Service as a 6-11 Railroad Commissioner during a term that began before 1999 is not 6-12 counted in determining whether a person is disqualified from 6-13 serving as a Railroad Commissioner under this subsection. 6-14 SECTION 7. This proposed constitutional amendment shall be 6-15 submitted to the voters at an election to be held November 7, 1995. 6-16 The ballot shall be printed to permit voting for or against the 6-17 proposition: "The constitutional amendment to limit the number of 6-18 terms that a person may serve as a member of the legislature or as 6-19 governor, lieutenant governor, or other statewide elected officer 6-20 in the executive branch."