SRC-AMY H.J.R. 84 78(R)   BILL ANALYSIS


Senate Research Center   H.J.R. 84
By: Uresti (Van de Putte)
Veteran Affairs & Military Installations
5/12/2003
Engrossed


DIGEST AND PURPOSE 

Currently, when an elected or appointed officer of the state or of any
political subdivision enters active duty in the armed forces of the United
States as a result of being called to duty, drafted, or activated, he or
she vacates the office held and the appropriate authority issues writs of
election to fill such vacancies.  H.J.R. 84 proposes a constitutional
amendment to allow a public officer called for active duty to retain
office while in the military.  

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Article XVI, Texas Constitution, by adding Section 72,
as follows: 

Sec. 72.  (a) Provides that an elected or appointed officer of the state
or of any political subdivision who enters active duty in the armed forces
of the United States as a result of being called to duty, drafted, or
activated does not vacate the office held, but authorizes the appropriate
authority to appoint a replacement to serve as temporary acting officer as
provided by this section if the elected or appointed officer will be on
active duty for longer than 30 days. 

(b) Authorizes the authority who has the power to appoint a person to fill
a vacancy in that office, for an officer other than a member of the
legislature, to appoint a temporary acting officer.  Authorizes the
governor, if a vacancy would normally be filled by special election, to
appoint the temporary acting officer for a state or district office, and
authorizes the governing body of a political subdivision to appoint the
temporary acting officer for an office of that political subdivision. 

(c) Requires the committee that is established by law to fill, under
certain other circumstances, a vacancy in a nomination for that office and
that represents the same political party as that member of the
legislature, for an officer who is a member of the legislature, to appoint
a temporary acting representative or senator who meets certain
qualifications. 

(d) Authorizes the officer who is temporarily replaced under this section
to recommend to the appropriate appointing authority the name of a person
to temporarily fill the office. 

(e) Requires the appropriate authority to appoint the temporary acting
officer to begin service on the date specified in writing by the officer
being temporarily replaced as the date the officer will enter active
military service, or if the officer being temporarily replaced does not
specify a date in writing, a date not later than the 30th day after the
officer's entry into active military service. 

(f) Provides that a temporary acting officer has all the powers,
privileges, and duties of the office and is entitled to the same
compensation, payable in the same  manner and from the same source, as the
officer who is temporarily replaced. 

(g) Requires a temporary acting officer appointed under this section to
perform the duties of office for the shorter period of the term of the
active military service of the officer who is temporarily replaced or the
term of office of the officer who is temporarily replaced. 

(h) Defines "armed forces of the United States."

SECTION 2.  Requires this proposed constitutional amendment to be
submitted to the voters at an election to be held November 4, 2003.  Sets
forth the required wording of the ballot.