By Armbrister S.J.R. No. 24 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."