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