By Bailey                                             H.J.R. No. 96
         77R7412 JRD-D                           
                                 A JOINT RESOLUTION
 1-1     proposing a constitutional amendment allowing the governor to
 1-2     remove from office officers in the executive branch of state
 1-3     government who were appointed by a governor.
 1-4           BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Article IV, Texas Constitution, is amended by
 1-6     adding Section 12A to read as follows:
 1-7           Sec. 12A. (a)  The governor may remove from office an officer
 1-8     in the executive branch of state government if the office is filled
 1-9     by gubernatorial appointment without regard to whether the officer
1-10     was appointed by the governor who removes the officer or by a
1-11     previous governor.  The governor may remove the officer:
1-12                 (1)  with or without cause; and
1-13                 (2)  without a trial or other proceeding.
1-14           (b)  The governor may remove from office an officer in the
1-15     executive branch of state government who is serving in an elective
1-16     office if the officer was appointed by a governor to fill a vacancy
1-17     in the current term of the office, without regard to whether the
1-18     officer was appointed by the governor who removes the officer or by
1-19     a previous governor.  This subsection does not apply to an officer
1-20     who was elected to the officer's  current term.
1-21           SECTION 2. Section 9, Article XV, Texas Constitution, is
1-22     repealed.
1-23           SECTION 3. This proposed constitutional amendment shall be
1-24     submitted to the voters at an election to be held November 6, 2001.
 2-1     The ballot shall be printed to permit voting for or against the
 2-2     proposition: "The constitutional amendment authorizing the governor
 2-3     to remove from office appointed state officers in the executive
 2-4     branch with or without cause."