C.S.H.J.R. 84 78(R)    BILL ANALYSIS


C.S.H.J.R. 84
By: Uresti
Elections
Committee Report (Substituted)



BACKGROUND 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.  CSHJR 84 allows public officers called
for active duty to retain their office while in the military.  


RULEMAKING AUTHORITY

It is the committee's opinion that this resolution does not expressly
grant any additional rulemaking authority to a state officer, department,
agency, or institution. 


ANALYSIS

CSHJR 84 amends the Texas Constitution by providing that an elected
official 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.  The resolution authorizes the appropriate authority to
appoint a replacement to serve as temporary acting officer if the elected
or appointed official will be on active duty for longer than 30 days.   

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

For an officer who is a member of the legislature, the resolution 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 the member to appoint a temporary
acting representative or senator.  The resolution provides that the person
appointed must be a member of the same political party as the member being
temporarily replaced and must be qualified for the office. 

The resolution authorizes the officer who is temporarily replaced to
recommend to the appropriate appointing authority the name of a person to
temporarily fill the office.  The resolution sets forth provisions
relating to the beginning of service and length of term for the temporary
acting officer. The resolution provides that the temporary acting officer
has all 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 acting officer who is temporarily replaced.  
 

FOR ELECTION

November 4, 2003.

 
COMPARISON OF ORIGINAL TO SUBSTITUTE

CSHB 84 modifies the original by authorizing the appropriate authority to
appoint a replacement if an elected or appointed officer will be on active
duty for longer than 30 days, rather than if the officer enters active
duty for an unspecified amount of time. 

The substitute modifies the original by authorizing, rather than
requiring, the appropriate authority to appoint a temporary acting
officer. 

The substitute adds the requirement that the person appointed temporarily
to the legislature be of the same political party as the representative or
senator being temporarily replaced.  The substitute also requires the
person temporarily appointed to be qualified for the office.