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."
5-23 * * * * *