By Janek H.J.R. No. 54
75R1390 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, before the date of the election, the
1-9 person has served as a member of the house during all or part of
1-10 five regular sessions of the legislature.
1-11 (b) A person is not eligible to be elected to the senate if,
1-12 before the date of the election, the person has served as a member
1-13 of the senate during all or part of five regular sessions of the
1-14 legislature. This subsection does not prohibit a person who has
1-15 served as a member of the senate during all or part of four regular
1-16 sessions of the legislature from being elected to or serving a
1-17 four-year term in the senate even though at the end of that term
1-18 the person will have served during all or part of more than five
1-19 regular sessions.
1-20 (c) Legislative service before the legislature convenes in
1-21 regular session in 1999 is not counted in determining whether a
1-22 person is disqualified from election to office under this section.
1-23 SECTION 2. Section 4, Article IV, Texas Constitution, is
1-24 amended to read as follows:
2-1 Sec. 4. (a) The Governor elected at the general election
2-2 in 1974, and thereafter, shall be installed on the first Tuesday
2-3 after the organization of the Legislature, or as soon thereafter as
2-4 practicable, and shall hold his office for the term of four years,
2-5 or until his successor shall be duly installed. He shall be at
2-6 least thirty years of age, a citizen of the United States, and
2-7 shall have resided in this State at least five years immediately
2-8 preceding his election.
2-9 (b) A person who has served two four-year terms as Governor
2-10 is not eligible to serve again as Governor, except to the extent
2-11 that the person serves until the person's successor is duly
2-12 installed. For purposes of this subsection, a person is considered
2-13 to have served a four-year term if and only if the person served at
2-14 least three years of the term. Service as Governor because of the
2-15 Governor's absence from the State under Section 16 or 17 of this
2-16 article or service as Governor during a term that began before 1999
2-17 is not counted in determining whether a person is disqualified from
2-18 serving as Governor under this subsection.
2-19 SECTION 3. Section 16, Article IV, Texas Constitution, is
2-20 amended to read as follows:
2-21 Sec. 16. (a) There shall also be a Lieutenant Governor,
2-22 who shall be chosen at every election for Governor by the same
2-23 electors, in the same manner, continue in office for the same time,
2-24 and possess the same qualifications. The electors shall
2-25 distinguish for whom they vote as Governor and for whom as
2-26 Lieutenant Governor. The Lieutenant Governor, shall by virtue of
2-27 his office, be President of the Senate, and shall have, when in
3-1 Committee of the Whole, a right to debate and vote on all
3-2 questions; and when the Senate is equally divided to give the
3-3 casting vote. In case of the death, resignation, removal from
3-4 office, inability or refusal of the Governor to serve, or of his
3-5 impeachment or absence from the State, the Lieutenant Governor
3-6 shall exercise the powers and authority appertaining to the office
3-7 of Governor until another be chosen at the periodical election,
3-8 and be duly qualified; or until the Governor impeached, absent or
3-9 disabled, shall be acquitted, return, or his disability be removed.
3-10 (b) A person who has served two four-year terms as
3-11 Lieutenant Governor is not eligible to serve again as Lieutenant
3-12 Governor, except to the extent that the person serves until the
3-13 person's successor is duly qualified. For purposes of this
3-14 subsection, a person is considered to have served a four-year term
3-15 if and only if the person served at least three years of the term.
3-16 Service as Lieutenant Governor during a term that began before 1999
3-17 is not counted in determining whether a person is disqualified from
3-18 serving as Lieutenant Governor under this subsection. Service as
3-19 Lieutenant Governor under Section 9, Article III, of this
3-20 Constitution is not counted in determining whether a person is
3-21 disqualified from serving as Lieutenant Governor under this
3-22 subsection.
3-23 SECTION 4. Section 22, Article IV, Texas Constitution, is
3-24 amended to read as follows:
3-25 Sec. 22. (a) The Attorney General elected at the general
3-26 election in 1974, and thereafter, shall hold office for the term of
3-27 four years and until his successor is duly qualified. He shall
4-1 represent the State in all suits and pleas in the Supreme Court of
4-2 the State in which the State may be a party, and shall especially
4-3 inquire into the charter rights of all private corporations, and
4-4 from time to time, in the name of the State, take such action in
4-5 the courts as may be proper and necessary to prevent any private
4-6 corporation from exercising any power or demanding or collecting
4-7 any species of taxes, tolls, freight or wharfage not authorized by
4-8 law. He shall, whenever sufficient cause exists, seek a judicial
4-9 forfeiture of such charters, unless otherwise expressly directed by
4-10 law, and give legal advice in writing to the Governor and other
4-11 executive officers, when requested by them, and perform such other
4-12 duties as may be required by law. He shall reside at the seat of
4-13 government during his continuance in office. He shall receive for
4-14 his services an annual salary in an amount to be fixed by the
4-15 Legislature.
4-16 (b) A person who has served two four-year terms as Attorney
4-17 General is not eligible to serve again as Attorney General, except
4-18 to the extent that the person serves until the person's successor
4-19 is duly qualified. For purposes of this subsection, a person is
4-20 considered to have served a four-year term if and only if the
4-21 person served at least three years of the term. Service as
4-22 Attorney General during a term that began before 1999 is not
4-23 counted in determining whether a person is disqualified from
4-24 serving as Attorney General under this subsection.
4-25 SECTION 5. Section 23, Article IV, Texas Constitution, is
4-26 amended to read as follows:
4-27 Sec. 23. (a) The comptroller of Public Accounts, the
5-1 Commissioner of the General Land Office, and any statutory State
5-2 officer who is elected by the electorate of Texas at large, unless
5-3 a term of office is otherwise specifically provided in this
5-4 Constitution, shall each hold office for the term of four years and
5-5 until his successor is qualified. The four-year term applies to
5-6 these officers who are elected at the general election in 1974 or
5-7 thereafter. Each shall receive an annual salary in an amount to be
5-8 fixed by the Legislature; reside at the Capital of the State during
5-9 his continuance in office, and perform such duties as are or may be
5-10 required by law. They and the Secretary of State shall not receive
5-11 to their own use any fees, costs or perquisites of office. All
5-12 fees that may be payable by law for any service performed by any
5-13 officer specified in this section or in his office, shall be paid,
5-14 when received, into the State Treasury.
5-15 (b) A person who has served two four-year terms in an office
5-16 covered under this section is not eligible to serve again in that
5-17 office, except to the extent that the person serves until the
5-18 person's successor is qualified. For purposes of this subsection,
5-19 a person is considered to have served a four-year term if and only
5-20 if the person served at least three years of the term. Service in
5-21 an office covered by this section during a term that began before
5-22 1999 is not counted in determining whether a person is disqualified
5-23 from serving in the office under this subsection.
5-24 SECTION 6. Subsection (b), Section 30, Article XVI, Texas
5-25 Constitution, is amended to read as follows:
5-26 (b) When a Railroad Commission is created by law it shall be
5-27 composed of three Commissioners who shall be elected by the people
6-1 at a general election for State officers, and their terms of office
6-2 shall be six years. Railroad Commissioners first elected after
6-3 this amendment goes into effect shall hold office as follows: One
6-4 shall serve two years, and one four years, and one six years; their
6-5 terms to be decided by lot immediately after they shall have
6-6 qualified. And one Railroad Commissioner shall be elected every
6-7 two years thereafter. In case of vacancy in said office the
6-8 Governor of the State shall fill said vacancy by appointment until
6-9 the next general election. A person who has served two six-year
6-10 terms as a Railroad Commissioner is not eligible to serve again as
6-11 a Railroad Commissioner, except to the extent that the person
6-12 serves until the person's successor is qualified. For purposes of
6-13 this subsection, a person is considered to have served a six-year
6-14 term if and only if the person served at least three years of the
6-15 term. Service as a Railroad Commissioner during a term that began
6-16 before 1999 is not counted in determining whether a person is
6-17 disqualified from serving as a Railroad Commissioner under this
6-18 subsection.
6-19 SECTION 7. This proposed constitutional amendment shall be
6-20 submitted to the voters at an election to be held November 4, 1997.
6-21 The ballot shall be printed to permit voting for or against the
6-22 proposition: "The constitutional amendment to limit the number of
6-23 terms that a person may serve as a member of the legislature or as
6-24 governor, lieutenant governor, or other statewide elected officer
6-25 in the executive branch."