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H.J.R. No. 84
A JOINT RESOLUTION
proposing a constitutional amendment providing for the filling of a
temporary vacancy in a public office created by the activation for
military service of a public officer.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article XVI, Texas Constitution, is amended by
adding Section 72 to read as follows:
Sec. 72. (a) 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 the
appropriate authority may 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) For an officer other than a member of the legislature,
the authority who has the power to appoint a person to fill a
vacancy in that office may appoint a temporary acting officer. If a
vacancy would normally be filled by special election, the governor
may appoint the temporary acting officer for a state or district
office, and the governing body of a political subdivision may
appoint the temporary acting officer for an office of that
political subdivision.
(c) For an officer who is a member of the legislature, the
member of the legislature shall select a person to serve as the
temporary acting representative or senator, subject to approval of
the selection by a majority vote of the appropriate house of the
legislature. The temporary acting representative or senator must
be:
(1) a member of the same political party as the member
being temporarily replaced; and
(2) qualified for office under Section 6, Article III,
of this constitution for a senator, or Section 7, Article III, of
this constitution for a representative.
(d) The officer who is temporarily replaced under this
section may recommend to the appropriate appointing authority the
name of a person to temporarily fill the office.
(e) The appropriate authority shall 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.
(f) 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) A temporary acting officer appointed under this section
shall perform the duties of office for the shorter period of:
(1) the term of the active military service of the
officer who is temporarily replaced; or
(2) the term of office of the officer who is
temporarily replaced.
(h) In this section, "armed forces of the United States"
means the United States Army, the United States Navy, the United
States Air Force, the United States Marine Corps, the United States
Coast Guard, any reserve or auxiliary component of any of those
services, or the National Guard.
SECTION 2. This proposed constitutional amendment shall be
submitted to the voters at an election to be held September 13,
2003. The ballot shall be printed to permit voting for or against
the proposition: "The constitutional amendment authorizing the
appointment of a temporary replacement officer to fill a vacancy
created when a public officer enters active duty in the United
States armed forces."
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.J.R. No. 84 was passed by the House on May 1,
2003, by the following vote: Yeas 140, Nays 0, 3 present, not
voting; and that the House concurred in Senate amendments to H.J.R.
No. 84 on May 30, 2003, by the following vote: Yeas 143, Nays 0, 2
present, not voting.
______________________________
Chief Clerk of the House
I certify that H.J.R. No. 84 was passed by the Senate, with
amendments, on May 28, 2003, by the following vote: Yeas 27, Nays
4.
_______________________________
Secretary of the Senate
RECEIVED: _____________________
Date
_____________________
Secretary of State