77R14828 JSA-D
By Junell H.J.R. No. 69
Substitute the following for H.J.R. No. 69:
By Driver C.S.H.J.R. No. 69
A JOINT RESOLUTION
1-1 proposing a constitutional amendment relating to certain operations
1-2 of state and local government.
1-3 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 3, Article III, Texas Constitution, is
1-5 amended to read as follows:
1-6 Sec. 3. (a) The Senators shall be chosen by the qualified
1-7 voters for the term of six [four] years; but a new Senate shall be
1-8 chosen after every apportionment, and the Senators elected after
1-9 each apportionment shall be divided by lot into two classes. The
1-10 seats of the Senators of the first class shall be vacated at the
1-11 expiration of the first four [two] years, and those of the second
1-12 class at the expiration of six [four] years[, so that one half of
1-13 the Senators shall be chosen biennially thereafter]. At the
1-14 expiration of those terms, each Senator shall be elected to a
1-15 six-year term, subject to the election of a new Senate after a
1-16 subsequent apportionment.
1-17 (b) Senators shall take office following their election, on
1-18 the day set by law for the convening of the Regular Session of the
1-19 Legislature, and shall serve thereafter for the full term of years
1-20 to which elected.
1-21 (c) Members of the Senate shall be elected to terms as
1-22 provided by Subsection (a) of this section beginning with the
2-1 election of members of the 78th Legislature, to convene in 2003.
2-2 Members of the Senate elected to the 78th Legislature shall draw
2-3 lots for two-year, four-year, and six-year terms. This subsection
2-4 expires January 1, 2005.
2-5 SECTION 2. Section 4, Article III, Texas Constitution, is
2-6 amended to read as follows:
2-7 Sec. 4. (a) The members [Members] of the House of
2-8 Representatives shall be chosen by the qualified voters for the
2-9 term of four years, but a new House of Representatives shall be
2-10 chosen after every apportionment, and the members elected after
2-11 each apportionment shall be divided by lot into two classes. The
2-12 members of the first class shall vacate their seats two years after
2-13 the date on which their term of office begins, and the members of
2-14 the second class shall vacate their seats four years after the date
2-15 on which their term of office begins, so that half of the members
2-16 will be elected biennially [two years].
2-17 (b) Representatives shall take office following their
2-18 election, on the day set by law for the convening of the Regular
2-19 Session of the Legislature, and shall serve thereafter for the full
2-20 term of years to which elected.
2-21 (c) Members of the House of Representatives shall be elected
2-22 to terms as provided by Subsection (a) of this section beginning
2-23 with the election of members of the 78th Legislature, to convene in
2-24 2003. Members of the House of Representatives elected to the 78th
2-25 Legislature shall draw lots for two-year and four-year terms. This
2-26 subsection expires January 1, 2005.
2-27 SECTION 3. Article III, Texas Constitution, is amended by
3-1 adding Section 22-a to read as follows:
3-2 Sec. 22-a. A member of the legislature may not for
3-3 compensation other than the emoluments of office appear before or
3-4 have dealings with an executive or administrative unit of state
3-5 government. A member may not directly or indirectly share in any
3-6 fee paid to any other person for such an appearance or dealing.
3-7 SECTION 4. Section 24(a), Article III, Texas Constitution, is
3-8 amended to read as follows:
3-9 (a) Members of the Legislature, including the speaker of the
3-10 House of Representatives, shall receive from the Public Treasury a
3-11 salary in an amount set by the Texas Salary Commission under
3-12 Section 32, Article XVI, of this constitution [of Six Hundred
3-13 Dollars ($600) per month, unless a greater amount is recommended by
3-14 the Texas Ethics Commission and approved by the voters of this
3-15 State in which case the salary is that amount]. Each member shall
3-16 also receive a per diem set by the Texas Salary Commission [Texas
3-17 Ethics Commission] for each day during each Regular and Special
3-18 Session of the Legislature. Until a different salary and other
3-19 compensation are provided by the Texas Salary Commission in
3-20 accordance with this constitution, members of the Legislature are
3-21 entitled to compensation as provided for under the law in effect on
3-22 January 1, 2001.
3-23 SECTION 5. Article III, Texas Constitution, is amended by
3-24 adding Section 5-a to read as follows:
3-25 Sec. 5-a. (a) The legislature may provide by law for
3-26 assembling and organizing either or both houses at an
3-27 organizational assembly convened not earlier than the 45th day
4-1 preceding the convening of a regular session. Such an
4-2 organizational assembly is composed of the members of the
4-3 applicable house of the next legislature. At that organizational
4-4 assembly, the respective houses may adopt rules of procedure and
4-5 joint rules.
4-6 (b) At the organizational assembly, the members of the
4-7 senate of the next legislature may elect from their members a
4-8 president pro tempore to serve from the beginning of the regular
4-9 session instead of electing a president pro tempore at that time
4-10 under Section 9(a) of this article.
4-11 (c) At the organizational assembly, the members of the house
4-12 of representatives of the next legislature may elect a speaker for
4-13 the next legislature instead of electing a speaker at that time
4-14 under Section 9(b) of this article.
4-15 SECTION 6. Article IV, Texas Constitution, is amended by
4-16 adding Section 27 to read as follows:
4-17 Sec. 27. A constitutional elected officer of the executive
4-18 branch may not hold any other civil or corporate office and, for
4-19 compensation or the promise of compensation, may not practice any
4-20 other profession or hold any other employment. This section does
4-21 not apply to a member of the senate, including the president pro
4-22 tempore of the senate, when that officer assumes the office of
4-23 lieutenant governor or governor until that officer has served as
4-24 lieutenant governor, governor, or both for six months.
4-25 SECTION 7. Section 1, Article V, Texas Constitution, is
4-26 amended to read as follows:
4-27 Sec. 1. (a) The judicial power of this State shall be
5-1 vested in one Supreme Court, in one Court of Criminal Appeals, in
5-2 Courts of Appeals, in District Courts, in County Courts, in
5-3 Commissioners Courts, in Courts of Justices of the Peace, and in
5-4 such other courts as may be provided by law.
5-5 (b) The Legislature may establish such other courts as it
5-6 may deem necessary and prescribe the jurisdiction and organization
5-7 thereof, and may conform the jurisdiction of the district and other
5-8 inferior courts thereto.
5-9 (c) The jurisdiction of all courts on the same level shall
5-10 be uniform statewide.
5-11 (d) Subsection (c) of this section takes effect September 1,
5-12 2003. On that date, all statutes making exceptions from the
5-13 uniform jurisdiction provided by law for the courts of any level
5-14 are repealed. This subsection expires January 1, 2004.
5-15 SECTION 8. Article V, Texas Constitution, is amended by
5-16 adding Section 10-a to read as follows:
5-17 Sec. 10-a. The legislature by law may provide for a jury in
5-18 a criminal case to be informed about a law or other procedure, such
5-19 as parole, mandatory supervision, or good conduct time, that may
5-20 affect the time that a person sentenced to incarceration will
5-21 serve.
5-22 SECTION 9. Article VIII, Texas Constitution, is amended by
5-23 adding Section 1-c to read as follows:
5-24 Sec. 1-c. The legislature may provide exemptions and other
5-25 relief from ad valorem taxation in addition to that provided by
5-26 this constitution.
5-27 SECTION 10. Article VIII, Texas Constitution, is amended by
6-1 adding Section 5 to read as follows:
6-2 Sec. 5. (a) A political subdivision of this state that did
6-3 not impose an ad valorem tax on or before September 1, 2001, may
6-4 not impose an ad valorem tax unless the qualified voters of the
6-5 political subdivision voting on the question have approved the
6-6 imposition of an ad valorem tax.
6-7 (b) A political subdivision of this state may not issue
6-8 general obligation bonds, except refunding bonds, unless the bonds
6-9 are approved by a majority vote of the qualified voters of the
6-10 political subdivision voting on the question. A debt may not be
6-11 created by a political subdivision unless, at the same time,
6-12 provision is made for paying the interest and principal of the debt
6-13 when due.
6-14 SECTION 11. Section 5, Article XI, Texas Constitution, is
6-15 amended to read as follows:
6-16 Sec. 5. A city or town [Cities having more than five
6-17 thousand (5000) inhabitants] may, by a majority vote of the
6-18 qualified voters of said city or town, at an election held for that
6-19 purpose, adopt or amend a charter [their charters. If the number
6-20 of inhabitants of cities that have adopted or amended their
6-21 charters under this section is reduced to five thousand (5000) or
6-22 fewer, the cities still may amend their charters by a majority vote
6-23 of the qualified voters of said city at an election held for that
6-24 purpose]. The adoption or amendment of charters is subject to such
6-25 limitations as may be prescribed by the Legislature, and no charter
6-26 or any ordinance passed under said charter shall contain any
6-27 provision inconsistent with the Constitution of the State, or of
7-1 the general laws enacted by the Legislature of this State. Said
7-2 cities may levy, assess and collect such taxes as may be authorized
7-3 by law or by their charters; but no tax for any purpose shall ever
7-4 be lawful for any one year, which shall exceed two and one-half per
7-5 cent. of the taxable property of such city, and no debt shall ever
7-6 be created by any city, unless at the same time provision be made
7-7 to assess and collect annually a sufficient sum to pay the interest
7-8 thereon and creating a sinking fund of at least two per cent.
7-9 thereon. Furthermore, no city charter shall be altered, amended or
7-10 repealed oftener than every two years.
7-11 SECTION 12. Article XVI, Texas Constitution, is amended by
7-12 adding Section 32 to read as follows:
7-13 Sec. 32. (a) The Texas Salary Commission is a state agency
7-14 composed of nine members appointed by the governor with the advice
7-15 and consent of the senate. Members serve six-year terms of office,
7-16 with the terms of three members expiring every other year. A
7-17 vacancy on the commission is filled for the unexpired term by
7-18 appointment of the governor with the advice and consent of the
7-19 senate. A member of the commission may not hold another public
7-20 office.
7-21 (b) In addition to performing other duties prescribed by
7-22 this constitution or by law, the commission shall recommend the
7-23 rate of compensation for elected and appointed officers of the
7-24 executive branch, for judges of state district courts, and for
7-25 judges and justices of appellate courts, including the supreme
7-26 court and court of criminal appeals.
7-27 (c) The compensation paid to an officer for which the
8-1 commission makes a recommendation may not exceed the amount
8-2 recommended by the commission. The compensation paid is determined
8-3 by law and is subject to limits established by general law or
8-4 appropriation. A recommendation of the commission does not entitle
8-5 an officer to compensation at that rate.
8-6 (d) The commission shall set the salary of the members of
8-7 the legislature, the speaker of the house of representatives, and
8-8 the lieutenant governor. The commission shall set the per diem of
8-9 members of the legislature and the lieutenant governor, and the per
8-10 diem shall reflect reasonable estimates of costs and may be raised
8-11 or lowered biennially as necessary to pay those costs, but the per
8-12 diem may not exceed during a calendar year the amount allowed as of
8-13 January 1 of that year for federal income tax purposes as a
8-14 deduction for living expenses incurred in a legislative day by a
8-15 state legislator in connection with the legislator's business as a
8-16 legislator, disregarding any exception in federal law for
8-17 legislators residing near the Capitol.
8-18 (e) In this section, "compensation" includes salary or a
8-19 compensatory per diem, but does not include other benefits or
8-20 reimbursement for expenses.
8-21 SECTION 13. (a) Subsection (e), Section 24a, Article III,
8-22 Texas Constitution, is repealed.
8-23 (b) Section 4, Article XI, Texas Constitution, is repealed.
8-24 SECTION 14. This proposed constitutional amendment shall be
8-25 submitted to the voters at an election to be held November 6, 2001.
8-26 The ballot shall be printed to permit voting for or against the
8-27 proposition: "The constitutional amendment relating to the
9-1 operations of state and local government, including the
9-2 compensation and outside employment and activities of state
9-3 officials, legislative procedures and the terms of members of the
9-4 legislature, the jurisdiction of the courts, the operation of
9-5 juries in criminal cases, local ad valorem taxation and general
9-6 obligation bonds, and the chartering of cities and towns."