78R5289 JRD-D

By:  Wohlgemuth                                                 H.J.R. No. 50 



A JOINT RESOLUTION

proposing a constitutional amendment allowing the governor to 
remove from office officers in the executive branch of state 
government who were appointed by a governor.
	BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:                       
	SECTION 1.  Article IV, Texas Constitution, is amended by 
adding Section 12A to read as follows:
	Sec. 12A. (a)  The governor may remove from office an officer 
in the executive branch of state government if the office is filled 
by gubernatorial appointment without regard to whether the officer 
was appointed by the governor who removes the officer or by a 
previous governor.  The governor may remove the officer:
		(1)  with or without cause; and                                        
		(2)  without a trial or other proceeding.                              
	(b)  The governor may remove from office an officer in the 
executive branch of state government who is serving in an elective 
office if the officer was appointed by a governor to fill a vacancy 
in the current term of the office, without regard to whether the 
officer was appointed by the governor who removes the officer or by 
a previous governor.  This subsection does not apply to an officer 
who was elected to the officer's  current term, including an officer 
elected to fill the remainder of a vacancy in the current term.
	SECTION 2.  Section 9, Article XV, Texas Constitution, is 
repealed.          
	SECTION 3.  This proposed constitutional amendment shall be 
submitted to the voters at an election to be held November 4, 2003.  
The ballot shall be printed to permit voting for or against the 
proposition: "The constitutional amendment authorizing the 
governor to remove from office appointed officers in the executive 
branch of state government with or without cause."