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79R3536 MXM-D

By:  Wentworth                                                    S.B. No. 390



A BILL TO BE ENTITLED

AN ACT

relating to the order of succession to the office of governor.                
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 401.023(a), Government Code, is amended 
to read as follows:
	(a)  If the governor, lieutenant governor, and president pro 
tempore of the senate are unavailable, the following officers in 
succeeding order shall exercise the powers and discharge the duties 
of the office of governor:
		(1)  [the] speaker of the house of representatives;          
		(2)  [the] attorney general;                                 
		(3)  comptroller;                                                      
		(4)  commissioner of the General Land Office;                          
		(5)  commissioner of agriculture;                                      
		(6)  presiding officer of the Railroad Commission of 
Texas;          
		(7)  railroad commissioner, in order of seniority on 
the Railroad Commission of Texas; and
		(8) [(3)]  the chief justices of the courts of appeals, 
in the numerical order of the supreme judicial districts the courts 
serve.
	SECTION 2.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2005.