By Shapleigh S.J.R. No. 30
77R3933 MTB-D
A JOINT RESOLUTION
1-1 proposing a revision of Article IV, Texas Constitution, relating to
1-2 the executive branch of state government.
1-3 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Article IV, Texas Constitution, is revised to
1-5 read as follows:
1-6 ARTICLE 4. EXECUTIVE BRANCH
1-7 Sec. 4.01. EXECUTIVE POWER. The executive power of the
1-8 state is vested in the executive branch. The executive branch
1-9 consists of the governor, the governor's executive department, and
1-10 other executive branch officers and agencies.
1-11 Sec. 4.02. EXECUTIVE DEPARTMENT OFFICERS. (a) The governor
1-12 is the chief executive officer of the state. Officers of the
1-13 governor's executive department are the governor, the secretary of
1-14 state, the other executive officers of the cabinet, and other
1-15 executive officers as provided by law.
1-16 (b) The cabinet of the governor's executive department
1-17 consists of the departments of state, interior, public safety and
1-18 criminal justice, health and human services, education,
1-19 agriculture, economic development, energy, and transportation.
1-20 Sec. 4.03. EXECUTIVE BRANCH ELECTIVE OFFICERS. Other
1-21 officers within the executive branch, but not within the governor's
1-22 executive department, are the lieutenant governor, comptroller of
1-23 public accounts, and attorney general.
1-24 Sec. 4.04. STATE AGENCIES. (a) An agency, board,
2-1 commission, department, institution, or other administrative unit
2-2 of state government not assigned by this constitution or law to the
2-3 legislative or judicial branch is part of the executive branch and
2-4 is part of the governor's executive department unless otherwise
2-5 provided by law.
2-6 (b) This article does not restrict the authority of the
2-7 legislature to establish an agency of the executive branch within
2-8 or outside the governor's executive department. An executive
2-9 branch agency outside the governor's executive department may be
2-10 under the governance of one or more officers elected or appointed
2-11 in the manner provided by law.
2-12 Sec. 4.05. SELECTION AND TERM OF OFFICERS. (a) The
2-13 governor, lieutenant governor, comptroller of public accounts, and
2-14 attorney general are elected by the qualified voters at the
2-15 statewide general election for four-year terms in the manner
2-16 prescribed by law. Separate votes are cast for candidates for each
2-17 office.
2-18 (b) The secretary of state and other nonelective officers of
2-19 the governor's executive department are appointed by the governor
2-20 with the advice and consent of the senate and serve at the pleasure
2-21 of the governor.
2-22 (c) Other officers in the executive branch are elected or
2-23 appointed in the manner provided by law.
2-24 (d) Any appointment made by the governor under this
2-25 constitution or under law must be with the advice and consent of
2-26 the senate.
2-27 Sec. 4.06. GOVERNOR'S ELIGIBILITY AND INSTALLATION. (a) To
3-1 be eligible to be a candidate for or to serve as governor, a person
3-2 must be a citizen of the United States, be at least 30 years of age
3-3 on the date the term of office begins, and have been a resident of
3-4 this state for five years preceding election day. A person serving
3-5 as governor in the third of three consecutive four-year terms is
3-6 not eligible for a fourth consecutive term. For purposes of this
3-7 subsection, a person is considered to have served a four-year term
3-8 if the person in fact serves at least two years of the term.
3-9 (b) The legislature shall appropriate money for assistance
3-10 to a governor-elect. A governor-elect is entitled to receive any
3-11 information or reports that the incumbent governor is entitled to
3-12 receive from officers and state agencies.
3-13 (c) The governor is inaugurated on the first Tuesday
3-14 following the organization of the next regular session of the
3-15 legislature following the election, or as soon thereafter as
3-16 practicable.
3-17 Sec. 4.07. GUBERNATORIAL SUCCESSION. (a) If, before
3-18 inauguration, the governor-elect is disqualified, dies, or for any
3-19 other reason fails to assume office, the lieutenant governor-elect
3-20 is inaugurated as governor and serves for the full term.
3-21 (b) If articles of impeachment against the governor are
3-22 adopted by the house of representatives, the lieutenant governor
3-23 acts as governor during the pendency of the impeachment until the
3-24 governor is acquitted or convicted. If the governor is convicted
3-25 on impeachment, the lieutenant governor becomes governor and serves
3-26 for the remainder of the term.
3-27 (c) If the office of governor becomes vacant, the lieutenant
4-1 governor becomes governor and serves for the remainder of the term.
4-2 (d) If the governor is absent from the state or temporarily
4-3 disabled, the lieutenant governor acts as governor until the
4-4 governor returns or is no longer disabled. If the lieutenant
4-5 governor is also absent from the state or temporarily disabled, the
4-6 president pro tempore of the senate acts as governor until either
4-7 the governor or the lieutenant governor returns or is no longer
4-8 disabled.
4-9 (e) While serving or acting as governor, a person receives
4-10 only the compensation payable to the governor.
4-11 Sec. 4.08. ACTION ON BILLS AND RESOLUTIONS. (a) Every bill
4-12 that passes both houses of the legislature shall be presented to
4-13 the governor. The governor may approve the bill by signing it, in
4-14 which event it shall become law and be filed with the secretary of
4-15 state. The governor may veto the bill by returning it with
4-16 objections to the house in which it originated. That house shall
4-17 enter the objections in its journal and may reconsider the bill for
4-18 passage over the veto. If the bill passes that house by a
4-19 two-thirds record vote of its membership, it shall be sent with the
4-20 governor's objections to the other house, which shall enter the
4-21 objections in its journal and reconsider the bill for passage over
4-22 the veto. If the bill passes that house by a two-thirds record
4-23 vote of its membership, the bill shall become law and be filed with
4-24 the secretary of state. If the governor does not approve or veto a
4-25 bill within 10 days (Sundays excepted) after the bill is presented
4-26 to the governor, the bill shall become law and be filed with the
4-27 secretary of state, except that if the legislature adjourns before
5-1 the expiration of that period and the governor has not approved or
5-2 vetoed the bill, the governor may veto or approve the bill on or
5-3 before the 20th day after the date of adjournment. If the governor
5-4 does not approve or veto the bill within that period, the bill
5-5 becomes law and shall be filed with the secretary of state at the
5-6 expiration of that period.
5-7 (b) If the legislature adjourns before a bill presented to
5-8 the governor is vetoed, approved, or becomes law without the
5-9 governor's approval, the bill shall become law and shall be filed
5-10 with the secretary of state unless the governor vetoes the bill and
5-11 files the bill and the governor's objections to the bill with the
5-12 secretary of state and gives public notice of the veto by
5-13 proclamation.
5-14 (c) The governor may veto any item of appropriation in a
5-15 bill. Portions of a bill containing an appropriation that are not
5-16 vetoed shall become law. Items vetoed together with the governor's
5-17 objections to those items shall be returned to the house in which
5-18 the bill originated for reconsideration in the manner provided by
5-19 Subsection (a) of this section.
5-20 (d) A resolution or other measure requiring the concurrence
5-21 of both houses of the legislature shall be presented to the
5-22 governor, except a measure proposing a constitutional amendment,
5-23 calling a constitutional convention, calling for removal of an
5-24 officer by address, or concerning legislative rules or procedures,
5-25 including adjournment or a legislative study or investigation. An
5-26 order or resolution presented to the governor is subject to
5-27 Subsections (a) and (b) of this section in the same manner as a
6-1 bill.
6-2 Sec. 4.09. COMMANDER IN CHIEF. The governor is commander in
6-3 chief of the military forces of the state except when those forces
6-4 are called into active service of the United States.
6-5 Sec. 4.10. EXECUTION OF LAWS; CONDUCT OF BUSINESS WITH OTHER
6-6 GOVERNMENTS. The governor shall require the laws to be faithfully
6-7 executed and shall conduct, in person or in the manner prescribed
6-8 by law, all intercourse and business of the state with other
6-9 states, the United States, and foreign nations.
6-10 Sec. 4.11. CONVENING LEGISLATURE IN SPECIAL SESSION. The
6-11 governor, on extraordinary occasions, may convene the legislature
6-12 in special session, stating specifically the purpose of the
6-13 session. The legislature may consider only those matters that the
6-14 governor specifies in the call or subsequently presents to the
6-15 legislature.
6-16 Sec. 4.12. GOVERNOR'S AUTHORITY BEFORE COURTS.
6-17 Notwithstanding the authority granted by this constitution to the
6-18 attorney general in representing the state before the courts, the
6-19 governor may intervene in any legal action in which the state is a
6-20 party and in which the governor believes the intervention prudent
6-21 and necessary.
6-22 Sec. 4.13. ADMINISTRATIVE REORGANIZATION. The governor may
6-23 submit to the legislature a written reorganization plan reassigning
6-24 functions among or consolidating or abolishing any state agencies,
6-25 offices, or governing bodies in the executive branch, including
6-26 agencies outside the governor's executive department, other than an
6-27 agency created by this constitution or under the authority of a
7-1 constitutional elected officer. During the next 60 days after the
7-2 date a plan is submitted during which both houses of the
7-3 legislature are in session, either house by resolution may reject
7-4 the plan. Unless rejected by one or both houses in that period,
7-5 the plan becomes effective according to its terms.
7-6 Sec. 4.14. REPRIEVES, COMMUTATIONS, AND PARDONS; REMISSION
7-7 OF FINES AND FORFEITURES. The governor may, as provided by law,
7-8 grant:
7-9 (1) reprieves relating to the execution of death
7-10 sentences;
7-11 (2) commutations;
7-12 (3) pardons; and
7-13 (4) the remission of fines and forfeitures.
7-14 Sec. 4.15. LIEUTENANT GOVERNOR. To be a candidate for or to
7-15 serve as lieutenant governor, a person must have the same
7-16 qualifications provided for the governor. The lieutenant governor,
7-17 by virtue of the office, is president of the senate, but may vote
7-18 only to cast a deciding vote when the senate is equally divided.
7-19 When the senate is convened as a committee of the whole, the
7-20 lieutenant governor may debate and vote on all questions before the
7-21 committee.
7-22 Sec. 4.16. COMPTROLLER OF PUBLIC ACCOUNTS. The comptroller
7-23 of public accounts is the executive officer of the department of
7-24 the treasury and shall perform the duties required of that office
7-25 by this constitution and by law.
7-26 Sec. 4.17. ATTORNEY GENERAL. The attorney general is the
7-27 executive officer of the department of justice and, except as
8-1 expressly provided by law to the contrary, represents the state in
8-2 all civil suits in which the state may be a party in the courts of
8-3 this state and of the United States, has all the powers of the
8-4 office as at common law, and has other powers and duties as
8-5 provided by law. The attorney general must be qualified to
8-6 practice before the Supreme Court of Texas.
8-7 Sec. 4.18. SECRETARY OF STATE. (a) The secretary of state
8-8 is the executive officer of the department of state and the chief
8-9 elections officer of the state, and shall perform the duties
8-10 required of that office by this constitution and by law.
8-11 (b) The secretary of state shall keep the state seal and use
8-12 it for official purposes under the direction of the governor.
8-13 Sec. 4.19. OTHER OFFICERS OF EXECUTIVE BRANCH. The other
8-14 officers of the executive branch have the powers and duties as
8-15 provided by this constitution and by law.
8-16 Sec. 4.20. COMPENSATION OF OFFICERS OF EXECUTIVE BRANCH.
8-17 (a) The compensation for constitutional officers of the executive
8-18 branch, including the governor, shall be prescribed by law.
8-19 (b) The compensation of any officer of the executive branch
8-20 may not be diminished during the officer's term of office.
8-21 (c) In addition to any compensation or other perquisites
8-22 provided by law, the governor is entitled to the use of the
8-23 Governor's Mansion.
8-24 Sec. 4.21. DUAL OFFICE-HOLDING AND EMPLOYMENT. A
8-25 constitutional elected officer of the executive branch may not hold
8-26 any other civil or corporate office and, for compensation or the
8-27 promise of compensation, may not practice any other profession or
9-1 hold any other employment. This section does not apply to the
9-2 president pro tempore of the senate when that officer assumes the
9-3 office of lieutenant governor or governor until the president pro
9-4 tempore has served as lieutenant governor for six months.
9-5 Sec. 4.22. VACANCIES IN ELECTED OFFICES OF EXECUTIVE BRANCH.
9-6 Except for the offices of governor and lieutenant governor, a
9-7 vacancy in an office of the executive branch or a district office
9-8 is filled by appointment of the governor with the advice and
9-9 consent of the senate. The person so appointed serves the
9-10 remainder of the term.
9-11 SECTION 2. Section 1, Article XIV, Texas Constitution, is
9-12 repealed.
9-13 SECTION 3. The following temporary provision is added to the
9-14 Texas Constitution:
9-15 TEMPORARY TRANSITION PROVISION. (a) This temporary
9-16 provision applies to the constitutional amendment proposed by the
9-17 77th Legislature, Regular Session, 2001, proposing a revision to
9-18 Article IV, Texas Constitution, relating to the executive branch of
9-19 state government.
9-20 (b) The amendment takes effect September 1, 2003.
9-21 (c) Each state agency in existence on the effective date of
9-22 the amendment continues in effect under existing law until
9-23 otherwise provided by law or by a reorganization plan of the
9-24 governor under Section 4.13 of the constitution. The term of
9-25 office of each officer, including a member of a governing body,
9-26 governing a state agency continues as provided by law when the term
9-27 of office began unless otherwise provided by law or by a
10-1 reorganization plan of the governor under Section 4.13 of the
10-2 constitution.
10-3 (d) The governor may adopt a reorganization plan under
10-4 Section 4.13 of the constitution and appoint the members of the
10-5 cabinet of the governor's executive department immediately on or
10-6 after the effective date of the amendment.
10-7 (e) The provisions of the amendment prohibiting the practice
10-8 of a profession or other employment do not apply to a member of the
10-9 cabinet until compensation for that office is initiated as provided
10-10 by law.
10-11 (f) The person serving as commissioner of the General Land
10-12 Office and the person serving as commissioner of agriculture on the
10-13 effective date of the amendment continue in office for the
10-14 remainder of the terms to which appointed or elected before the
10-15 amendment takes effect. Those offices may be abolished or
10-16 consolidated with another entity as provided by law or by the
10-17 governor in a reorganization plan under Section 4.13 of the
10-18 constitution, except that each of those offices shall continue in
10-19 existence as an elected state office as provided by the law in
10-20 effect on the effective date of the amendment:
10-21 (1) for the remainder of the term of office being
10-22 served on the effective date of the amendment and for each
10-23 subsequent consecutive term of the office to which the person
10-24 serving in the office on the effective date is elected; and
10-25 (2) if the person serving on the effective date of the
10-26 amendment is a candidate in the general election for the office for
10-27 a subsequent consecutive term of the same office, until at least
11-1 the end of the term of office filled at that general election,
11-2 without regard to who is elected to serve for that term.
11-3 (g) The requirements of the Constitution of 1876 that
11-4 certain officers of the executive department reside at the seat of
11-5 government or maintain an office or records at the seat of
11-6 government continue in effect as if provided by statute until
11-7 otherwise provided by law.
11-8 SECTION 4. This proposed constitutional amendment shall be
11-9 submitted to the voters at an election to be held November 6, 2001.
11-10 The ballot shall be printed to permit voting for or against the
11-11 proposition: "The constitutional amendment to revise Article IV of
11-12 the Texas Constitution, relating to the executive branch of state
11-13 government."