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A JOINT RESOLUTION
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proposing a constitutional amendment to allow a member of the |
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legislature to designate a successor to serve in case of the |
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member's death or incapacity to serve. |
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BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article III, Texas Constitution, is amended by |
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adding Section 13A to read as follows: |
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Sec. 13A. (a) A member of the legislature in a signed |
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document filed with the presiding officer of the appropriate house |
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may designate a person to serve as the member's successor for the |
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remainder of the member's term if the member dies or becomes |
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incapacitated to the extent that the member can no longer serve in |
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office. |
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(b) To be eligible to serve as a successor a person must: |
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(1) belong to the same political party as the member |
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being replaced; and |
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(2) meet the other eligibility requirements of this |
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constitution for the office of representative or senator, as |
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appropriate. |
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(c) Following the death or incapacity of a member who has |
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made a designation under this section, a person designated as the |
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member's successor who meets the requirements of Subsection (b) of |
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this section: |
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(1) is entitled to take the constitutional oath of |
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office and to serve the remainder of the term of the member making |
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the designation; and |
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(2) has all the powers, privileges, and duties of |
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office as the member making the designation. |
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(d) Each house shall adopt rules as necessary to implement |
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this section, including rules defining the circumstances under |
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which a member is incapacitated to the extent that the member can no |
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longer serve in office. |
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(e) Notwithstanding Section 13 of this article, a vacancy |
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requiring an election does not occur in the office of a member of |
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the legislature if the member's designated successor under this |
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section takes office on or before the 21st day after the date the |
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member dies or is determined incapacitated. |
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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 provide for voting for or against the |
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proposition: "The constitutional amendment to allow a member of the |
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legislature to designate a successor to serve for the remainder of |
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the term of office in case of the member's death or incapacity to |
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serve." |