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A JOINT RESOLUTION
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proposing a constitutional amendment allowing general law to |
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provide for the vote required to be elected governor. |
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BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 3 and 3a, Article IV, Texas |
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Constitution, are amended to read as follows: |
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Sec. 3. (a) The returns of every election for said |
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executive officers, until otherwise provided by law, shall be made |
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out, sealed up, and transmitted by the returning officers |
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prescribed by law, to the seat of Government, directed to the |
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Secretary of State, who shall deliver the same to the Speaker of the |
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House of Representatives, as soon as the Speaker shall be chosen, |
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and the said Speaker shall, during the first week of the session of |
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the Legislature, open and publish them in the presence of both |
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Houses of the Legislature. |
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(b) The person, voted for at said election, having the |
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[highest] number of votes required for election provided by general |
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law for each of said offices respectively, and being |
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constitutionally eligible, shall be declared by the Speaker, under |
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sanction of the Legislature, to be elected to said office. [But, if
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two or more persons shall have the highest and an equal number of
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votes for either of said offices, one of them shall be immediately
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chosen to such office by joint vote of both Houses of the
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Legislature.] Contested elections for either of said offices, |
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shall be determined by both Houses of the Legislature in joint |
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session. |
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Sec. 3a. If, at the time the Legislature shall canvass the |
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election returns for the offices of Governor and Lieutenant |
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Governor, the person elected to the office of Governor [receiving
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the highest number of votes for the office of Governor, as declared
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by the Speaker,] has died, fails to qualify, or for any other reason |
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is unable to assume the office of Governor, then the person elected |
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to [having the highest number of votes for] the office of Lieutenant |
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Governor shall become Governor for the full term to which the person |
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was elected as Governor. By becoming the Governor, the person |
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forfeits the office of Lieutenant Governor, and the resulting |
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vacancy in the office of Lieutenant Governor shall be filled as |
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provided by Section 9, Article III, of this Constitution. If the |
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person elected to the office of Governor [with the highest number of
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votes for the office of Governor, as declared by the Speaker,] |
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becomes temporarily unable to take office, then the Lieutenant |
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Governor shall act as Governor until the person elected to [with the
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highest number of votes for] the office of Governor becomes able to |
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assume the office of Governor. Any succession to the Governorship |
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not otherwise provided for in this Constitution, may be provided |
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for by law; provided, however, that any person succeeding to the |
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office of Governor shall be qualified as otherwise provided in this |
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Constitution, and shall, during the entire term to which he may |
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succeed, be under all the restrictions and inhibitions imposed in |
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this Constitution on the Governor. |
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SECTION 2. This proposed constitutional amendment shall be |
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submitted to the voters at an election to be held November 6, 2007. |
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The ballot shall be printed to permit voting for or against the |
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proposition: "The constitutional amendment allowing general law to |
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provide for the vote required to be elected governor." |