By Maxey H.J.R. No. 63
76R3130 DRH-D
A JOINT RESOLUTION
1-1 proposing a constitutional amendment to remove restrictions on the
1-2 types of voting methods that may be used to elect the governing
1-3 body of a municipality.
1-4 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 11, Article XI, Texas Constitution, is
1-6 amended to read as follows:
1-7 Sec. 11. A Home Rule City may provide by charter or charter
1-8 amendment, and a city, town or village operating under the general
1-9 laws may provide by majority vote of the qualified voters voting at
1-10 an election called for that purpose, for a longer term of office
1-11 than two (2) years for its officers, either elective or appointive,
1-12 or both, but not to exceed four (4) years; provided, however, that
1-13 tenure under Civil Service shall not be affected hereby.
1-14 Provided, however, if any of such officers, elective or
1-15 appointive, shall announce their candidacy, or shall in fact become
1-16 a candidate, in any general, special or primary election, for any
1-17 office of profit or trust under the laws of this State or the
1-18 United States other than the office then held, at any time when the
1-19 unexpired term of the office then held shall exceed one (1) year,
1-20 such announcement or such candidacy shall constitute an automatic
1-21 resignation of the office then held, and the vacancy thereby
1-22 created shall be filled pursuant to law in the same manner as other
1-23 vacancies for such office are filled.
1-24 A municipality so providing a term exceeding two (2) years
2-1 but not exceeding four (4) years for any of its non-civil service
2-2 officers must fill [elect all of the members of its governing body
2-3 by majority vote of the qualified voters in such municipality, and]
2-4 any vacancy or vacancies occurring on the [such] governing body of
2-5 the municipality [shall not be filled by appointment but must be
2-6 filled] by [majority] vote of the qualified voters at a special
2-7 election called for such purpose within one hundred and twenty
2-8 (120) days after such vacancy or vacancies occur.
2-9 SECTION 2. This proposed constitutional amendment shall be
2-10 submitted to the voters at an election to be held November 2, 1999.
2-11 The ballot shall be printed to permit voting for or against the
2-12 proposition: "The constitutional amendment to remove restrictions
2-13 on the types of voting methods that may be used to elect the
2-14 governing body of a municipality."