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1-22 repealed.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."