80R8838 JRD-F

By: Hegar S.J.R. No. 40

A JOINT RESOLUTION

proposing a constitutional amendment affecting the methods by which an appointed member of a multimember state board, commission, or other governing body may be removed from office and providing that the holdover provision of the Texas Constitution does not apply to the member.

BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 9(a), Article XV, Texas Constitution, is amended to read as follows:

(a) In addition to the other procedures provided by law for removal of public officers, the governor who appoints an officer may remove the officer with the advice and consent of a majority [two-thirds] of the members of the senate [present].

SECTION 2. Article XV, Texas Constitution, is amended by adding Section 10 to read as follows:

Sec. 10. In addition to the other procedures provided by law for removal of public officers, a person appointed by the governor to a multimember state board, commission, or other governing body of a state agency or institution whose appointment has been confirmed by the senate may be removed from office by the senate during a regular or special session of the legislature on the affirmative vote of two-thirds of the members of the senate.

SECTION 3. Section 17, Article XVI, Texas Constitution, is amended to read as follows:

Sec. 17. (a) All officers within this State, other than an appointed member of a multimember state board, commission, or other governing body of a state agency or institution whose term has expired, shall continue to perform the duties of their offices until their successors shall be duly qualified.

(b) An appointed member of a multimember state board, commission, or other governing body of a state agency or institution whose term has expired may not continue to perform the duties of a member of the board, commission, or other governing body, and a vacancy is created in the member's position unless the person is reappointed to the office in accordance with applicable law.

SECTION 4. This proposed constitutional amendment shall be submitted to the voters at an election to be held November 6, 2007. The ballot shall be printed to permit voting for or against the proposition: "The constitutional amendment affecting the methods by which an appointed member of a multimember state board, commission, or other governing body may be removed from office and providing that the holdover provision of the Texas Constitution does not apply to such a member."