By Madden H.J.R. No. 47
77R4270 DRH-D
A JOINT RESOLUTION
1-1 proposing a constitutional amendment authorizing the cancellation
1-2 of an election to fill a vacancy in the legislature when a
1-3 candidate is running unopposed.
1-4 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 13, Article III, Texas Constitution, is
1-6 amended to read as follows:
1-7 Sec. 13. (a) When vacancies occur in either House, the
1-8 Governor, or the person exercising the power of the Governor, shall
1-9 issue writs of election to fill such vacancies; and should the
1-10 Governor fail to issue a writ of election to fill any such vacancy
1-11 within twenty days after it occurs, the returning officer of the
1-12 district in which such vacancy may have happened, shall be
1-13 authorized to order an election for that purpose.
1-14 (b) The legislature may provide by general law for the
1-15 filling of a vacancy in the legislature without an election if
1-16 only one person qualifies as a candidate in an election to fill the
1-17 vacancy.
1-18 SECTION 2. This proposed constitutional amendment shall be
1-19 submitted to the voters at an election to be held November 6, 2001.
1-20 The ballot shall be printed to permit voting for or against the
1-21 proposition: "The constitutional amendment authorizing the filling
1-22 of a vacancy in the legislature without an election if a candidate
1-23 is running unopposed in an election to fill the vacancy."