SRC-CDH H.J.R. 104 75(R)   BILL ANALYSIS


Senate Research Center   H.J.R. 104
By: Mowery (Ogden)
State Affairs
5-17-97
Engrossed


DIGEST 

Currently, the Texas Constitution has duplicate numbering in many of its
provisions which have no relation to the other, and many provisions have
either been made unconstitutional by the federal government or have not
been changed even though they are moot.  H.J.R. 104 makes technical
changes to the Texas Constitution to renumber duplicated provisions and
remove obsolete or moot provisions.   

PURPOSE

As proposed, H.J.R. 104 proposes a constitutional amendment which
eliminates duplicate numbering in and certain obsolete provisions of the
Texas Constitution. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 48-e, Article III, Texas Constitution, as
proposed by H.J.R. No. 18, 70th Legislature, Regular Session, 1987, by
redesignating as Section 48-f. 

SECTION 2. Amends Section 52e, Article III, Texas Constitution, as
proposed by S.J.R. No. 37, 60th Legislature, Regular Session, 1967, by
redesignating as Section 52g, to authorize bonds to be issued by Dallas
County under Section 52 of Article III of this Constitution, without the
necessity of further or amendatory legislation, to be issued upon a vote
of the majority of the residents, rather than the resident property
taxpayers, voting thereon.   

SECTION 3. Amends Section 61, Article III, Texas Constitution, as proposed
by S.J.R. No. 5, 53rd Legislature, Regular Session, 1953, by redesignating
as Section 61-a. 

SECTION 4. Amends Section 1, Article VI, Texas Constitution, to prohibit
certain classes of persons from being allowed to vote in this State,
including persons under 18, rather than 21 years of age; and all persons
who have been determined mentally incompetent by a court, subject to such
exceptions as the Legislature may make.  Deletes the inclusion of idiots,
lunatics, and all paupers supported by any county among the classes of
prohibited persons. 

SECTION 5. Amends Section 2, Article VI, Texas Constitution, to delete the
provision making every person who meets certain qualifications, including
having resided in this State one year next preceding an election and the
last six months within the district or county in which such person offers
to vote, a qualified elector.  Deletes the requirement that a voter have
registered annually before offering to vote at an election.  Deletes the
provision prohibiting any legislation enacted in anticipation of the
adoption of this Amendment from being invalid because of its anticipatory
nature; and the provision requiring this provision of the Constitution to
be self-enacting without the necessity of further legislation. 

SECTION 6. Amends Section 3, Article VI, Texas Constitution, to require
all qualified electors of the State, as herein described, who reside
within the limits of any city or corporate town, to have the right to vote
for Mayor and all other elective officers.  Deletes existing text
regarding the right to  vote for Mayor, all elected officers, and all
elections to determine expenditure of money or assumption of debt. 

SECTION 7. Amends Section 3, Article VII, Texas Constitution, to require
one-fourth of the revenue derived from the State occupation taxes to be
set apart annually for the benefit of the public free schools.  Deletes
existing text regarding a poll tax and an annual ad valorem State tax.
Authorizes the Legislature to authorize an ad valorem tax to be levied and
collected within all school districts for the maintenance of public free
schools, provided that a majority of the qualified voters of the district
voting at an election to be held for that purpose approve the tax.
Deletes existing text regarding a school district tax. 

SECTION 8. Amends Section 16, Article VII, Texas Constitution, as proposed
by H.J.R. No. 14, 40th Legislature, Regular Session, 1927, by
redesignating as Section 16-a. 

SECTION 9. Repealer:  S.J.R. No. 5, 49th Legislature, Regular Session,
1945, relating to an appropriation to John Tarleton Agricultural College;
Section 49-g, Article III, Texas Constitution, as proposed by H.J.R. No.
88, 70th Legislature, Regular Session, 1987; and Section 44(h), Article
XVI, Texas Constitution, as proposed by H.J.R. No. 21, 73rd Legislature,
Regular Session, 1993. 

SECTION 10. Requires this proposed constitutional amendment to be
submitted to the voters at an election to be held November 4, 1997.  Sets
forth the required language of the ballot.