79R4070 JRD-D

By:  Herrero                                                    H.J.R. No. 57 



A JOINT RESOLUTION

proposing a constitutional amendment providing that a person newly 
elected to the legislature may take office on receiving a 
certificate of election if the office to which the person was 
elected is vacant.
	BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:                       
	SECTION 1.  Sections 3 and 4, Article III, Texas 
Constitution, are amended to read as follows:
	Sec. 3.  (a) The Senators shall be chosen by the qualified 
voters for the term of four years; but a new Senate shall be chosen 
after every apportionment, and the Senators elected after each 
apportionment shall be divided by lot into two classes.  The seats 
of the Senators of the first class shall be vacated at the 
expiration of the first two years, and those of the second class at 
the expiration of four years, so that one half of the Senators shall 
be chosen biennially thereafter.
	(b)  Except as provided by Subsection (c) of this section,
Senators shall take office following their election, on the day set 
by law for the convening of the Regular Session of the Legislature, 
and shall serve thereafter for the full term of years to which 
elected.
	(c)  A candidate elected to the Senate for a full term 
beginning on the convening of the Regular Session may take office 
immediately on receiving the certificate of election if the office 
is vacant because of resignation or otherwise, and shall serve 
until the convening of the Regular Session in addition to the full 
term of years to which elected.  This subsection does not apply to a 
candidate elected at the first general election for Senators held 
after an apportionment of the Senate.
	Sec. 4.  (a)  The Members of the House of Representatives 
shall be chosen by the qualified voters for the term of two years.
	(b)  Except as provided by Subsection (c) of this section,
Representatives shall take office following their election, on the 
day set by law for the convening of the Regular Session of the 
Legislature, and shall serve thereafter for the full term of years 
to which elected.
	(c)  A candidate elected to the House of Representatives for 
a full term beginning on the convening of the Regular Session may 
take office immediately on receiving the certificate of election if 
the office is vacant because of resignation or otherwise, and shall 
serve until the convening of the Regular Session in addition to the 
full term of years to which elected.  This subsection does not apply 
to a candidate elected at the first general election for 
Representatives held after an apportionment of the House of 
Representatives.
	SECTION 2.  This proposed constitutional amendment shall be 
submitted to the voters at an election to be held November 8, 2005.  
The ballot shall be printed to permit voting for or against the 
proposition:  "The constitutional amendment providing that a person 
elected to the legislature may take office before the beginning of 
the regular term of office if the position to which the person was 
elected is vacant."