By Ramsay, Averitt, Homer, Telford, Merritt           H.J.R. No. 44
         76R11405 JSA-D                           
                                 A JOINT RESOLUTION
 1-1     proposing a constitutional amendment relating to the filling of a
 1-2     vacancy in the office of governor or lieutenant governor.
 1-3           BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Sections 3a, 16, 17, and 18, Article IV, Texas
 1-5     Constitution, are amended to read as follows:
 1-6           Sec. 3a.  If, at the time the Legislature shall canvass the
 1-7     election returns for the offices of Governor and Lieutenant
 1-8     Governor, the person receiving the highest number of votes for the
 1-9     office of Governor, as declared by the Speaker, has died, fails to
1-10     qualify, or for any other reason is unable to assume the office of
1-11     Governor, then the person having the highest number of votes for
1-12     the office of Lieutenant Governor shall become [act as] Governor
1-13     for the full term to which the person was elected as Governor
1-14     [until after the next general election].  By becoming the Governor,
1-15     the person forfeits the office of Lieutenant Governor, and the
1-16     resulting vacancy in the office of Lieutenant Governor shall be
1-17     filled as provided by Section 9, Article III, of this Constitution.
1-18     If [It is further provided that in the event] the person with the
1-19     highest number of votes for the office of Governor, as declared by
1-20     the Speaker, becomes temporarily unable to take office [shall
1-21     become disabled, or fail to qualify], then the Lieutenant  Governor
1-22     shall act as Governor until the person with the highest number of
1-23     votes for the office of Governor becomes able to assume [a person
1-24     has qualified for] the office of Governor[, or until after the next
 2-1     general election].   Any succession to the Governorship not
 2-2     otherwise provided for in this Constitution, may be provided for by
 2-3     law; provided, however, that any person succeeding to the office of
 2-4     Governor shall be qualified as otherwise provided in this
 2-5     Constitution, and shall, during the entire term to which he may
 2-6     succeed, be under all the restrictions and inhibitions imposed in
 2-7     this Constitution on the Governor.
 2-8           Sec. 16.  (a)  There shall also be a Lieutenant Governor, who
 2-9     shall be chosen at every election for Governor by the same
2-10     electors, in the  same manner, continue in office for the same
2-11     time, and possess the same qualifications.  The electors shall
2-12     distinguish for whom they vote as Governor and for whom as
2-13     Lieutenant Governor.
2-14           (b)  The Lieutenant Governor[,] shall by virtue of his
2-15     office[,] be President of the Senate, and shall have, when in
2-16     Committee of the Whole, a  right to debate and vote on all
2-17     questions; and when the Senate is equally divided to give the
2-18     casting vote.
2-19           (c)  In the case of the temporary [death, resignation,
2-20     removal from office,] inability or temporary disqualification
2-21     [refusal] of the Governor to serve, the [or of his] impeachment of
2-22     the Governor, or the absence of the Governor from the State, the
2-23     Lieutenant Governor shall exercise the powers and authority
2-24     appertaining to the office of Governor [until another be chosen at
2-25     the periodical election, and be duly qualified; or] until the
2-26     Governor becomes able or qualified to resume serving, is
2-27     [impeached, absent or disabled, shall be] acquitted, or returns to
 3-1     the State [return, or his disability be removed].
 3-2           (d)  If the Governor refuses to serve or becomes permanently
 3-3     unable to serve, or if the office of Governor becomes vacant, the
 3-4     Lieutenant Governor becomes Governor for the remainder of the term
 3-5     being served by the Governor who refused or became unable to serve
 3-6     or vacated the office.  On becoming Governor, the person vacates
 3-7     the office of Lieutenant Governor, and the resulting vacancy in the
 3-8     office of Lieutenant Governor shall be filled in the manner
 3-9     provided by Section 9, Article III, of this Constitution.
3-10           Sec. 17.  (a)  If, while exercising the powers and authority
3-11     appertaining to the office of Governor under Section 16(c) of this
3-12     article [during the vacancy in the office of Governor], the
3-13     Lieutenant Governor becomes temporarily [should die, resign, refuse
3-14     to serve, or be removed from office, or be] unable or disqualified
3-15     to serve, is [; or if he shall be] impeached, or is absent  from
3-16     the State, the President pro tempore of the Senate, for the time
3-17     being, shall exercise the powers and authority appertaining to the
3-18     office of Governor [, in like manner, administer the Government]
3-19     until the [he shall be superseded by a] Governor or Lieutenant
3-20     Governor reassumes those powers and duties.
3-21           (b)  The Lieutenant Governor shall, while acting [he acts] as
3-22     President of the Senate, receive for his or her services the same
3-23     compensation and mileage which shall be allowed to the members of
3-24     the Senate, and no more unless the Texas Ethics Commission
3-25     recommends and the voters approve a higher salary, in which case
3-26     the salary is that amount; and during the time the Lieutenant
3-27     Governor exercises the powers and authority appertaining to the
 4-1     office of Governor, the Lieutenant Governor [he administers the
 4-2     Government, as Governor, he] shall receive in like manner the same
 4-3     compensation which the Governor would have received had the
 4-4     Governor [he] been employed in the duties of that [his] office, and
 4-5     no more.  An increase in the emoluments of the office of Lieutenant
 4-6     Governor does not make a member of the Legislature ineligible to
 4-7     serve in the office of Lieutenant Governor.
 4-8           (c)  The President pro tempore [, for the time being,] of the
 4-9     Senate[,] shall, during the time that officer exercises the powers
4-10     and authority appertaining to the office of Governor [he
4-11     administers the Government], receive in like manner the same
4-12     compensation[,] which the Governor would have received had the
4-13     Governor [he] been employed in the duties of that [his] office.
4-14           Sec. 18.  The Lieutenant Governor or President pro tempore of
4-15     the Senate [succeeding to the office of Governor,] shall, during
4-16     the time the Lieutenant Governor or President pro tempore exercises
4-17     the powers and authority appertaining to the office of Governor
4-18     [entire term to which he may succeed], be under all the
4-19     restrictions and inhibitions imposed in this Constitution on the
4-20     Governor.
4-21           SECTION 2.  Section 9(a), Article III, Texas Constitution, is
4-22     amended to read as follows:
4-23           (a)  The Senate shall, at the beginning and close of each
4-24     session, and at such other times as may be necessary, elect one of
4-25     its members President pro tempore, who shall perform the duties of
4-26     the Lieutenant Governor in any case of absence or temporary
4-27     disability of that officer.  If the [said] office of Lieutenant
 5-1     Governor becomes vacant, the President pro tempore of the Senate
 5-2     shall convene the Committee of the Whole Senate within 30 days
 5-3     after the vacancy occurs.  The Committee of the Whole shall elect
 5-4     one of its members to perform the duties of the Lieutenant Governor
 5-5     in addition to the member's [his] duties as Senator until the next
 5-6     general election.  If the Senator so elected ceases to be a Senator
 5-7     before the election of a new Lieutenant Governor, another Senator
 5-8     shall be elected in the same manner to perform the duties of the
 5-9     Lieutenant Governor until the next general election.  Until the
5-10     Committee of the Whole elects one of its members for this purpose,
5-11     the President pro tempore shall perform the duties of the
5-12     Lieutenant Governor as provided by this subsection.
5-13           SECTION 3.  This proposed constitutional amendment shall be
5-14     submitted to the voters at an election to be held November 2, 1999.
5-15     The ballot shall be printed to permit voting for or against the
5-16     proposition:  "The constitutional amendment to revise the
5-17     provisions for the filling of a vacancy in the office of governor
5-18     or lieutenant governor."