78R12483 MCK-D


By:  Uresti                                                     H.J.R. No. 84 

Substitute the following for H.J.R. No. 84:                                   

By:  Uresti                                                 C.S.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 
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 shall appoint a temporary acting representative or 
senator who is:
		(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:
		(1)  the date specified in writing by the officer being 
temporarily replaced as the date the officer will enter active 
military service; or
		(2)  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)  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 November 4, 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."