BILL ANALYSIS

 

 

                                                                                                                                             H.J.R. 91

                                                                                                                                           By: Bohac

                                                                                                                                             Elections

                                                                                                       Committee Report (Unamended)

 

 

 

BACKGROUND AND PURPOSE

 

Currently, county or district officeholders are required to automatically resign their position if they announce candidacy for another office with more than one year left on their term.  Pending legislation would require these officeholders to resign and cause many positions to be left unfilled. 

 

H.J.R. 91 extends the period of time by sixty days, so that certain elected officials can remain in office after announcing their candidacy for another office.

 

RULEMAKING AUTHORITY

 

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. 

 

ANALYSIS

 

H.J.R. 91 amends the Texas Constitution Section 65(b), Article XVI, to extend the provision involving the announcement of candidacy for those who are serving an unexpired term to one year and sixty days. 

 

EFFECTIVE DATE

 

The provisions in H.J.R. 91 will be submitted to the voters at an election to be held on November 6, 2007.  The ballot is required to be printed to provide for voting for or against the proposition that reads: "The constitutional amendment to change the length of the unexpired term that causes the automatic resignation of a certain elected county or district officeholder if they become candidates for another office."