SRC-JXG H.J.R. 44 76(R)   BILL ANALYSIS


Senate Research Center   H.J.R. 44
76R11405 JSA-DBy: Ramsay (Truan)
Committee of the Whole
5/7/1999
Engrossed


DIGEST 

Under the Texas Constitution, if the Governor is unable to discharge the
duties of the office, or resigns, the Lieutenant Governor acts as Governor
without resigning from the office of Lieutenant Governor.  The Senate is
required to appoint one of its members to serve in the office of the
Lieutenant Governor without resigning the member's Senate seat, if there is
a vacancy in the office of Lieutenant Governor.  In addition, the Senate is
required to appoint another member to fill the remainder of the Lieutenant
Governor's term, if the term of the senator who is acting as Lieutenant
Governor expires before the Lieutenant Governor's term expires.  H.J.R. 44
would provide the rules for filling a permanent or temporary vacancy in the
offices of Governor or Lieutenant Governor, and requires the Lieutenant
Governor filling the vacancy in the office of Governor to forfeit the
office of Lieutenant Governor upon becoming Governor.  H.J.R. 44 would
require the submission to the voters of a constitutional amendment
providing for clear succession to the offices of Governor and Lieutenant
Governor. 

PURPOSE

As proposed, H.J.R. 44 requires the submission to the voters of a
constitutional amendment to provide for, in case of a vacancy of office,
clear succession from the offices of Lieutenant Governor and senator to the
offices of Governor and Lieutenant Governor. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Sections 3a, 16, 17, and 18, Article IV, Texas
Constitution, as follows: 

Sec. 3a.  Requires the person receiving the highest number of votes for the
office of Lieutenant Governor to become, rather than act as, Governor for
the full term to which the person was elected as Governor, rather than
until after the next general election, if, at the time the Legislature
shall canvass the election returns for the offices of Governor and
Lieutenant Governor, the person receiving  the highest number of votes for
the office of Governor fails to qualify, or for any other reason is unable
to assume the office of Governor. Requires the person to forfeit the office
of Lieutenant Governor, by becoming the Governor, and the resulting vacancy
in the office of Lieutenant Governor to be filled as provided by Section 9,
Article III, of this Constitution.  Requires the Lieutenant Governor to act
as Governor until the person with the highest number of votes for the
office of Governor becomes able to assume the office of Governor, if the
person with the highest number of votes for the office of Governor becomes
temporarily unable to take office, rather than become disabled, or fail to
qualify.  Makes conforming changes.  

Sec. 16.  Requires the Lieutenant Governor to exercise the powers and
authority appertaining to the office of Governor until the Governor becomes
able or qualified to resume serving, is acquitted, or returns to the state,
in the case of the temporary inability or temporary disqualification,
rather than death, resignation, removal of office, of the Governor to
serve, the impeachment of the Governor, or the absence of the Governor from
the state.  Provides that the Lieutenant Governor becomes Governor for the
remainder of the term being served by the Governor who refused or became
unable to serve or vacated the office, if the Governor refuses to serve or
becomes permanently unable to serve, or if the office of Governor becomes
vacant.  Provides that, on becoming Governor, the person vacates the office
of Lieutenant Governor, and the resulting vacancy in the office of
Lieutenant Governor shall  be filled in the manner provided by Section 9,
Article III, of this Constitution.  Deletes text regarding until another
Governor is chosen at the periodical election and duly qualified. Makes
conforming changes. 

Sec. 17.  Provides that if, while exercising the powers and authority
appertaining to the office of Governor under Section 16(c) of this article,
rather than during the vacancy in the office of Governor, the Lieutenant
Governor becomes temporarily unable or disqualified to serve, is impeached,
or is absent from the state, the President pro tempore of the Senate, for
the time being, shall exercise the powers and authority appertaining to the
office of Governor until the Governor or Lieutenant Governor reassumes
those powers and duties.  Requires the Lieutenant Governor, while acting as
President of the Senate, to receive for his or her services the same
compensation and mileage which shall be allowed to the members of the
Senate; and during the time the Lieutenant Governor exercises the powers
and authority appertaining to the office of Governor, the Lieutenant
Governor shall receive the same compensation which the Governor would have
received had the Governor been employed in the duties of that office.
Requires the President pro tempore of the Senate, during the time that
officer exercises the powers and authority appertaining to the office of
Governor, to receive the same compensation which the Governor would have
received had the Governor been employed in the duties of that office.
Makes conforming and nonsubstantive changes. 

Sec. 18.  Requires the Lieutenant Governor or President pro tempore of the
Senate, rather than succeeding to the office of Governor, during the time
the Lieutenant Governor or President pro tempore exercises the powers and
authority appertaining to the office of Governor, to be under the
restrictions imposed in the Constitution.  Deletes text regarding the
entire term to which he may succeed.  

SECTION 2. Amends Section 9(a), Article III, Texas Constitution, to require
the Senate to elect one of its members President pro tempore, who shall
perform the duties of the Lieutenant Governor in any case of absence or
temporary disability of that officer.  Requires the Committee of the Whole
to elect one of its members to perform the duties of the Lieutenant
Governor in addition to the member's duties as Senator until the next
general election.  Makes a conforming change. 

SECTION 3. Requires the 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.