By Ramsay H.J.R. No. 44
76R3343 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 under Section 16(c) of this article, the
4-2 Lieutenant Governor [he administers the Government, as Governor,
4-3 he] shall receive in like manner the same compensation which the
4-4 Governor would have received had the Governor [he] been employed in
4-5 the duties of that [his] office, and no more. An increase in the
4-6 emoluments of the office of Lieutenant Governor does not make a
4-7 member of the Legislature ineligible to serve in the office of
4-8 Lieutenant Governor.
4-9 (c) The President pro tempore [, for the time being,] of the
4-10 Senate[,] shall, during the time that officer exercises the powers
4-11 and authority appertaining to the office of Governor [he
4-12 administers the Government], receive in like manner the same
4-13 compensation[,] which the Governor would have received had the
4-14 Governor [he] been employed in the duties of that [his] office.
4-15 Sec. 18. The Lieutenant Governor or President pro tempore of
4-16 the Senate [succeeding to the office of Governor,] shall, during
4-17 the time the Lieutenant Governor or President pro tempore exercises
4-18 the powers and authority appertaining to the office of Governor
4-19 [entire term to which he may succeed], be under all the
4-20 restrictions and inhibitions imposed in this Constitution on the
4-21 Governor.
4-22 SECTION 2. Section 9(a), Article III, Texas Constitution, is
4-23 amended to read as follows:
4-24 (a) The Senate shall, at the beginning and close of each
4-25 session, and at such other times as may be necessary, elect one of
4-26 its members President pro tempore, who shall perform the duties of
4-27 the Lieutenant Governor in any case of absence or temporary
5-1 disability of that officer. If the [said] office of Lieutenant
5-2 Governor becomes vacant, the President pro tempore of the Senate
5-3 shall convene the Committee of the Whole Senate within 30 days
5-4 after the vacancy occurs. The Committee of the Whole shall elect
5-5 one of its members to the office [perform the duties] of [the]
5-6 Lieutenant Governor for the remainder of the term being served by
5-7 the Lieutenant Governor who vacated the office [in addition to his
5-8 duties as Senator until the next general election]. On becoming
5-9 Lieutenant Governor, [If] the Senator so elected ceases to be a
5-10 Senator, and the resulting vacancy in the Senate shall be filled in
5-11 the manner provided by law [before the election of a new Lieutenant
5-12 Governor, another Senator shall be elected in the same manner to
5-13 perform the duties of the Lieutenant Governor until the next
5-14 general election]. Until the Committee of the Whole elects one of
5-15 its members for this purpose, the President pro tempore shall
5-16 perform the duties of the Lieutenant Governor as provided by this
5-17 subsection.
5-18 SECTION 3. This proposed constitutional amendment shall be
5-19 submitted to the voters at an election to be held November 2, 1999.
5-20 The ballot shall be printed to permit voting for or against the
5-21 proposition: "The constitutional amendment to revise the
5-22 provisions for the filling of a vacancy in the office of governor
5-23 or lieutenant governor."