HBA-ALS H.J.R. 14 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.J.R. 14
By: Howard
State Affairs
4/23/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, there is no limit on the number of terms that a person may serve
in the legislature or in certain state offices.  As proposed, H.J.R. 14
requires the submission to the voters of a constitutional amendment
precluding a person from serving more than four regular sessions in the
house of representatives, more than four regular sessions in the senate,
excluding any membership prior to the 77th Legislative Session in 2001;
from serving more than eight years in the office of governor, lieutenant
governor, secretary of state, comptroller of public accounts, commissioner
of the General Land Office, or attorney general; or from serving more than
12 years on a state-wide elected or appointed state board, commission, or
other governing body in the executive department. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Article III, Texas Constitution, by adding Section 7a,
as follows: 

Sec. 7a.  (a)  Provides that a person is not eligible to be elected to the
house of representatives if, before the date of the election, the person
has served as a house member during all or part of four regular sessions of
the legislature.  

(b) Provides that a person is not eligible to be elected to the senate if,
before the date of the election, the person has served as a senate member
during all or part of four regular sessions of the legislature.  Provides
that this subsection does not prohibit a person who has served as a member
of the senate during all or part of three regular sessions of the
legislature from being elected to or serving a four-year term in the senate
even though at the end of that term the person will have served during all
or part of more than four regular sessions.  

(c)  Provides that legislative service before the legislature convenes in
regular session in 2001 is not counted in determining whether a person is
disqualified from election to office under this section.  

SECTION 2.  Amends Article IV, Texas Constitution, by adding Section 2a, as
follows: 

Sec. 2a.  (a) Provides that a person is not eligible for election or
appointment to an elective office listed in Section 1 of this article or
any other state office elected by the voters at a statewide election, other
than a judicial office or an office covered by Subsection (b) of this
section, if on the date of the election or appointment the person has
served in that office during any part of each of eight or more calendar
years.  

(b) Provides that a person is not eligible for election or appointment to a
state board, commission, or other governing body in the executive
department, each member of which is elected by the voters in a statewide
election, if on the date of the election or appointment the person has
served as a member of the board, commission, or body during any part of
each of 12 or more calendar years. 
 
(c)  Provides that nothing in this section prohibits a person from
continuing to serve in an office covered by this section after the end of a
term as a holdover under Section 17, Article XVI (Officers to Serve until
Successors Qualified), of this constitution until a successor is qualified.

(d)  Provides that for purposes of this section, a calendar year begins
January 1 and ends December 31.  

(e) Provides that service in office before January 1, 2001, does not count
for purposes of determining whether a person is disqualified from office
under this section.  

SECTION 3.  Requires this proposed constitutional amendment to be submitted
to the voters at an election to be held November 2, 1999.  Sets forth the
required language for the ballot.