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A JOINT RESOLUTION
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proposing a constitutional amendment providing that a member of the |
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legislature or other person who holds elective office, other than a |
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municipal office with a term of two years or less, automatically |
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vacates the office held on announcing a candidacy or becoming a |
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candidate for another elective office when the unexpired portion of |
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the person's term of office exceeds one year and providing that a |
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person who holds another office is not eligible to serve in the |
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legislature during the term of the office held unless the person |
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resigned that office on announcing a candidacy or becoming a |
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candidate for the legislature. |
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BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 18 and 19, Article III, Texas |
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Constitution, are amended to read as follows: |
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Sec. 18. (a) A [No] Senator or Representative is not |
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[shall], during the term for which the Senator or Representative |
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[he] was elected, [be] eligible to: |
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(1) any appointed civil office of profit under this |
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State which shall have been created, or the emoluments of which may |
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have been increased, during such term; [,] or |
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(2) any office or place, the appointment to which may |
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be made, in whole or in part, by either branch of the Legislature. |
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(b) For purposes of Subsection (a)(1) of this section, [;
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provided, however,] the fact that the term of office of Senators and |
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Representatives does not end precisely on the last day of December |
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but extends a few days into January of the succeeding year is [shall
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be] considered as de minimis, and the ineligibility [herein] |
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created by that subsection ends [shall terminate] on the last day in |
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December of the last full calendar year of the term for which the |
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Senator or Representative [he] was elected. |
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(c) If a member of the Legislature announces the member's |
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candidacy, or in fact becomes a candidate, in any general, special, |
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or primary election for any office of profit or trust under the laws |
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of this State or the United States other than the office then held, |
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at any time when the unexpired term of the office then held exceeds |
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one year, that announcement or candidacy constitutes an automatic |
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resignation of the office then held. The vacancy created by the |
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automatic resignation shall be filled as provided by Section 13 of |
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this article. |
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(d) No member of either House shall vote for any other |
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member for any office whatever, which may be filled by a vote of the |
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Legislature, except in such cases as are in this Constitution |
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provided. |
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(e) A [, nor shall any] member of the Legislature may not be |
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interested, either directly or indirectly, in any contract with the |
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State, or any county thereof, authorized by any law passed during |
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the term for which the member [he] was elected. |
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Sec. 19. A [No] judge of any court, Secretary of State, |
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Attorney General, clerk of any court of record, or other [any] |
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person holding a lucrative office under the United States, [or] |
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this State, or any foreign government is not, [shall] during the |
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term for which the person [he] is elected or appointed, [be] |
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eligible to serve in the Legislature unless, at the time the person |
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announced the person's candidacy, or in fact became a candidate, in |
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any general, special, or primary election for the Legislature, the |
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person resigned the office then held. |
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SECTION 2. Section 11(a), Article XI, Texas Constitution, |
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is amended to read as follows: |
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(a) A Home Rule City may provide by charter or charter |
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amendment, and a city, town or village operating under the general |
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laws may provide by majority vote of the qualified voters voting at |
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an election called for that purpose, for a longer term of office |
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than two [(2)] years for its officers, either elective or |
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appointive, or both, but not to exceed four [(4)] years. This |
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subsection does not affect [; provided, however, that] tenure under |
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Civil Service. City [shall not be affected hereby; provided,
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however, that such] officers, elective or appointive, whose terms |
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exceed two years are subject to Section 65 [65(b)], Article XVI, of |
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this Constitution, providing for automatic resignation in certain |
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circumstances [, in the same manner as a county or district officer
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to which that section applies]. |
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SECTION 3. Section 65, Article XVI, Texas Constitution, is |
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amended to read as follows: |
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Sec. 65. (a) [This section applies to the following
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offices: District Clerks; County Clerks; County Judges; Judges of
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the County Courts at Law, County Criminal Courts, County Probate
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Courts and County Domestic Relations Courts; County Treasurers;
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Criminal District Attorneys; County Surveyors; County
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Commissioners; Justices of the Peace; Sheriffs; Assessors and
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Collectors of Taxes; District Attorneys; County Attorneys; Public
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Weighers; and Constables.
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[(b)] If a person holding an elective public office created |
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under this Constitution or other law of this State announces the |
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person's [any of the officers named herein shall announce their] |
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candidacy, or [shall] in fact becomes [become] a candidate, in any |
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General, Special or Primary Election, for any office of profit or |
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trust under the laws of this State or the United States other than |
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the office then held, at any time when the unexpired term of the |
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office then held exceeds [shall exceed] one [(1)] year, such |
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announcement or such candidacy constitutes [shall constitute] an |
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automatic resignation of the office then held. The [, and the] |
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vacancy [thereby] created by the automatic resignation shall be |
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filled pursuant to law in the same manner as other vacancies for |
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such office are filled. |
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(b) Subsection (a) of this section does not apply to a |
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person who holds a municipal office with a term of two years or |
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less. |
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SECTION 4. This proposed constitutional amendment shall be |
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submitted to the voters at an election to be held November 3, 2009. |
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The ballot shall be printed to permit voting for or against the |
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proposition: "The constitutional amendment providing that a member |
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of the legislature or other person who holds elective office, other |
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than a municipal office with a term of two years or less, |
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automatically vacates the office held on announcing a candidacy or |
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becoming a candidate for another elective office when the unexpired |
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portion of the person's term of office exceeds one year and |
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providing that a person who holds another office is not eligible to |
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serve in the legislature during the term of the office held unless |
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the person resigned that office on announcing a candidacy or |
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becoming a candidate for the legislature." |