SRC-JBJ H.J.R. 75 77(R)   BILL ANALYSIS


Senate Research Center   H.J.R. 75
By: Mowery (Shapiro)
State Affairs
5/2/2001
Engrossed


DIGEST AND PURPOSE 

The Texas Constitution contains provisions which are obsolete, archaic,
redundant, or unnecessary. Numerous duplicate, executed, and archaic
clauses could be repealed or amended without changing the substance of the
document.  H.J.R. 75 requires the submission to the voters of a
constitutional amendment providing for the reformatting of the constitution
to address those provisions.  

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

ARTICLE 1.  CHANGES TO ARTICLE III

SECTION 1.01.  Amends Section 25, Article III, Texas Constitution, to
delete existing text regarding the number of qualified electors and the
representation of a single county by more than one senator. 

SECTION 1.02.  Amends Section 28, Article III, Texas Constitution, to make
conforming and nonsubstantive changes. 

SECTION 1.03.  Amends Section 56, Article III, Texas Constitution, to
prohibit the legislature from passing, except as otherwise provided in this
constitution, any local or special law, authorizing certain resulting
conditions, including the relieving or discharging any person or set of
persons from the performance of any public duty or service imposed by
general law.  Prohibits, in addition to those laws described by Subsection
(a) of this section, a local or special law in all other cases where a
general law can be made applicable, from being enacted;  provided, that
nothing herein contained shall be construed to prohibit the legislature
from passing special laws for the preservation of the game and fish of this
state in certain localities and fence laws applicable to any subdivision of
this state or counties as may be needed to meet the wants of the people. 
 
SECTION 1.04.  Amends Section 59, Article III, Texas Constitution, to make
a nonsubstantive change. 

SECTION 1.05.  Amends Section 60, Article III, Texas Constitution, to make
nonsubstantive changes. 
 
SECTION 1.06.  Repealer:  Section 61 (Workmen's Compensation Insurance for
Municipal Employees), Article III,  Texas Constitution; and  

Section 63 (Consolidation of Governmental Functions of Political
Subdivisions in Counties of 1,200,000 or More),  Article III,  Texas
Constitution. 



 ARTICLE 2.  CHANGES TO ARTICLE V

SECTION 2.01.  Amends Sections 1-a(1) and (2), Article V, Texas
Constitution, to make nonsubstantive changes.  

SECTION 2.02.  Amends Section 2, Article V, Texas Constitution, to delete
existing text regarding vacancies in the office of chief justice or any
justice of the supreme court. 

SECTION 2.03.  Amends Section 3, Article V, Texas Constitution, to delete
existing text regarding the appointment of a clerk by the supreme court. 

SECTION 2.04.  Amends Section 4, Article V, Texas Constitution, to delete
existing text regarding a vacancy in the office of a judge of the court of
criminal appeals. 

SECTION 2.05.  Amends Section 5, Article V, Texas Constitution, to delete
existing text regarding the court of criminal appeals sitting term and the
appointment of a clerk of that court. 

SECTION 2.06.  Amends Article V, Texas Constitution, by adding Sections 5a
and 5b, as follows: 

Sec. 5a.  Requires the supreme court, court of criminal appeals, and each
court of appeals to each appoint a clerk of the court, who is required to
give bond in the manner required by law, authorized to hold office for four
years subject to removal by the appointing court for good cause entered of
record on the minutes of the court, and required to receive such
compensation as the legislature may provide. 

Sec. 5b.  Authorizes the supreme court and the court of criminal appeals to
sit at any time during the year at the seat of government or, at the
court's discretion, at any other location in this state for the transaction
of business, and each term of either court is required to begin and end
with each calendar year. 

SECTION 2.07.  Amends Section 6, Article V, Texas Constitution, to delete
existing text regarding the appointment of a clerk by each court of
appeals. 

SECTION 2.08.  Amends Section 11, Article V, Texas Constitution, to make
nonsubstantive changes. 

SECTION 2.09.  Amends Section 13, Article V, Texas Constitution, to make
nonsubstantive changes. 

 SECTION 2.10.  Amends Article V, Texas Constitution, by adding Section 14,
as follows: 

Sec. 14.  (a)  Requires the legislature to prescribe by law the
qualifications of grand jurors and petit jurors. 

(b)  Requires the legislature to enact laws to exclude from serving on
juries persons who have been convicted of bribery, perjury, forgery, or
other high crimes. 

SECTION 2.11.  Amends Section 17, Article V, Texas Constitution, to make
nonsubstantive changes. 

 SECTION 2.12.  Amends Sections 18(e), (f), and (g), Article V, Texas
Constitution, to provide that the office of Constable is abolished in Mills
County, Reagan County, and Roberts County.  Deletes existing text of
Subsection (f) regarding certain offices of constable and reletters
existing text of Subsection (g) as Subsection (f). 

SECTION 2.13.  Amends Section 28, Article V, Texas Constitution, to delete
its title.  Requires a vacancy in the office of chief justice, justice, or
judge of the supreme court, the court of criminal appeals, the court of
appeals, or, rather than and, the district courts to be filled by the
governor until the  next succeeding general election for state officers,
and at that election the voters are required to fill the vacancy for the
unexpired term.  Makes conforming and nonsubstantive changes. 

SECTION 2.14.  Amends Section 29, Article V, Texas Constitution, to delete
existing text regarding prosecutions commenced in certain courts.  Makes
nonsubstantive changes. 

SECTION 2.15.  Repealer:  Section 3a (Sessions of Court), Article V, Texas
Constitution; and 

Section 27 (Transfer of Cases Pending at Adoption of Constitution), Article
V, Texas Constitution. 

ARTICLE 3.  CHANGES TO ARTICLE VI

SECTION 3.01.  Amends Section 1, Article VI, Texas Constitution, to require
the legislature to enact laws to exclude from the right of suffrage persons
who have been convicted of bribery, perjury, forgery, or other high crimes.
Makes nonsubstantive changes. 

SECTION 3.02.  Amends Section 2, Article VI, Texas Constitution, to require
the privilege of free suffrage to be protected by laws regulating elections
and prohibiting under adequate penalties all undue influence in elections
from power, bribery, tumult, or other improper practice.  Makes conforming
and nonsubstantive changes. 

ARTICLE 4.  CHANGES TO ARTICLE VII

SECTION 4.01.  Amends Section 6, Article VII, Texas Constitution, to delete
existing text regarding the protection of certain settlers.  Makes
nonsubstantive changes. 

SECTION 4.02.  Amends Article VII, Texas Constitution, by adding Section
9-a, as follows: 

Sec. 9-a.  TEMPORARY PROVISION.  (a)  Requires all land and other property
set apart under former Section 9 of this article to provide a permanent
fund described by former Section 9 and constituting such a fund on the date
former Section 9 of this article is repealed to be sold by the General Land
Office as soon as practicable after that date and the proceeds are required
to be deposited to the credit of the general revenue fund to be
appropriated for the benefit of education. 

(b)  Requires all money remaining in the permanent funds established under
former Section 9 of this article on the date that section is repealed to be
transferred on that date to the Texas School for the Blind and Visually
Impaired and the Texas School for the Deaf, in equal shares.  Requires all
outstanding income accrued to the benefit of those permanent funds before
that date that are collected after that date and before this section
expires to be deposited to the credit of the general revenue fund. 

  (c)  Provides that this section expires January 1, 2005.

SECTION 4.03.  Repealer:  Section 4A (Public Free School Fund Lands Held
Fifty Years Under Color of Title; Application for Patent; Conditions;
Excluded Land), Article VII, Texas Constitution; and 

Section 9 (Lands for Benefit of Asylums; Permanent Fund; Sale and
Investment of Proceeds), Article VII, Texas Constitution. 

ARTICLE 5.  CHANGES TO ARTICLE VIII 

SECTION 5.01.  Amends Section 1-a, Article VIII, Texas Constitution, to
delete provisions regarding a state ad valorem tax.  Makes nonsubstantive
changes. 
  
SECTION 5.02.  Amends Section 1-e, Article VIII, Texas Constitution, to
delete existing text regarding certain receipts from authorized state ad
valorem taxes. 

SECTION 5.03.  Amends Section 14, Article VIII, Texas Constitution, as
follows: 

Sec. 14. (a)  Requires the qualified voters of each county to elect an
assessor-collector of taxes for the county, except as otherwise provided by
this section. 

(b)  Requires the sheriff of the county, in any county having a population
of less than 10,000 inhabitants, as determined by the most recent decennial
census of the United States, in addition to that officer's other duties, to
be the assessor-collector of taxes, except that the commissioners court of
such a county is authorized to submit to the qualified voters of the county
at an election the question of electing an assessor-collector of taxes as a
county officer separate from the office of sheriff. Requires an
assessor-collector approved by a majority of the voters voting in such an
election to be elected at the next general election for the constitutional
term of office as is provided for other tax assessor-collectors in this
state. 

(c)  Requires an assessor-collector of taxes to hold office for four years
and to perform all the duties with respect to assessing property for the
purpose of taxation and of collecting taxes, as may be prescribed by the
legislature.  Makes nonsubstantive changes. 

SECTION 5.04.  Repealer:  Section 16 (Assessor and Collector of Taxes;
Counties Having 10,000 or More Inhabitants), Article VIII, Texas
Constitution; and  

Section 16a (Assessor-collector of Taxes; Counties Having less than 10,000
Inhabitants), Article VIII, Texas Constitution. 

ARTICLE 6.  CHANGES TO ARTICLE IX

SECTION 6.01.  Redesignates Section 8 (County Poor House and Farm), Article
XVI, Texas Constitution, as Section 14 (County Poor House and Farm),
Article IX, Texas Constitution. 

ARTICLE 7.  CHANGES TO ARTICLE XI

SECTION 7.01.  Amends Section 7, Article XI, Texas Constitution, to provide
that all counties and cities bordering on the coast of the Gulf of Mexico
are hereby authorized upon a vote of the majority of the qualified voters,
rather than resident property taxpayers, voting thereon at an election
called for such purpose to levy and collect such tax for construction of
sea walls, breakwaters, or sanitary purposes, as may now or may hereafter
be authorized by law, and are authorized to create a debt for such works
and issue bonds in evidence thereof.  
 
SECTION 7.02.  Amends Section 11, Article XI, Texas Constitution, to
authorize a home rule city to provide by charter or charter amendment, and
a city, town or village operating under the general laws is authorized to
provide by majority vote of the qualified voters voting at an election
called for that purpose, for a longer term of office than two years for its
officers, either elective or appointive, or both, but not to exceed four
years; provided, however, that tenure under civil service is prohibited
from being affected hereby; provided, however, that such officers, elective
or appointive, are subject to Section 65(b), Article XVI, of this
constitution, providing for automatic resignation in certain circumstances,
in the same manner as a county or district officer to which that section
applies.  Makes nonsubstantive changes. 

ARTICLE 8.  CHANGES TO ARTICLE XVI 
 
SECTION 8.01.  Amends Section 1, Article XVI, Texas Constitution, to
require all elected and appointed officers, before they enter upon the
duties of their offices, to take a certain oath or affirmation.  Deletes
existing text regarding certain oaths or affirmations.  Requires members of
the Legislature, the Secretary of State, and all other elected and
appointed state officers to file the signed statement required by
Subsection (b) of this section with the secretary of state before taking
the oath or affirmation of office prescribed by Subsection (a) of this
section.  Makes conforming and nonsubstantive changes. 

SECTION 8.02.  Amends Section 2, Article XVI, Texas Constitution, to
require laws to be made to exclude from office persons who have been
convicted of bribery, perjury, forgery, or other high crimes. Deletes
existing text regarding certain civil services and rights.  Deletes
existing text regarding the protection of the privilege of free suffrage. 

SECTION 8.03.  Amends Section 11, Article XVI, Texas Constitution, to
delete existing text regarding the classification of loans and lenders and
the licensure and regulation of lenders. Deletes existing text regarding
certain rights of an applicant of any permit canceled or refused under any
law passed by the legislature. 

SECTION 8.04.  Amends Section 23, Article XVI, Texas Constitution, to
authorize the legislature to pass laws for the regulation of live stock and
the protection of stock raisers in the stock raising portion of the state,
and exempt from the operation of such laws other portions, sections, or
counties.  Requires the legislature to have power to pass general and
special laws for the inspection of cattle, stock and hides and for the
regulation of brands;  provided, that any local law thus passed is required
to be submitted to the qualified voters, rather than freeholders, of the
section to be affected thereby, and approved by them, before it shall go
into effect. 
 
SECTION 8.05.  Repealer:  Section 19 (Qualifications of Jurors), Article
XVI, Texas Constitution; 

 Section 22 (Fence Laws), Article XVI, Texas Constitution;

 Section 43 (Exemptions from Public Duty or Service), Article XVI, Texas
Constitution; 

Section 56 (Appropriations for Development and Dissemination of Information
Concerning Texas Resources), Article XVI, Texas Constitution; and  

 Section 65A (Fort Bend County District Attorney), Article XVI, Texas
Constitution. 

ARTICLE 9. TEMPORARY TRANSITION PROVISION; ELECTION 

SECTION 9.01.  Adds the following temporary provision to the Texas
Constitution: 

TEMPORARY TRANSITION PROVISION.  (a)  Provides that this section applies to
the amendments to this constitution proposed by H.J.R. No. ___, 77th
Legislature, Regular Session, 2001. 
 
(b)  Provides that the reenactment of any provision of this constitution
for purposes of amendment does not revive a provision that may have been
impliedly repealed by the adoption of a later amendment. 
 
(c)  Provides that the amendment of any provision of this constitution does
not affect vested rights. 
 
SECTION 9.02.  Requires this proposed constitutional amendment to be
submitted to the voters at an election to be held November 6, 2001.
Requires the ballot to be printed to permit voting for or against a certain
proposition.