81R11416 JRD-D
 
  By: Homer H.J.R. No. 118
 
 
 
A JOINT RESOLUTION
  proposing a constitutional amendment providing that a member of the
  legislature or other person who holds elective office, other than a
  municipal office with a term of two years or less, automatically
  vacates the office held on announcing a candidacy or becoming a
  candidate for another elective office when the unexpired portion of
  the person's term of office exceeds one year and providing that a
  person who holds another office is not eligible to serve in the
  legislature during the term of the office held unless the person
  resigned that office on announcing a candidacy or becoming a
  candidate for the legislature.
         BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 18 and 19, Article III, Texas
  Constitution, are amended to read as follows:
         Sec. 18.  (a) A [No] Senator or Representative is not
  [shall], during the term for which the Senator or Representative
  [he] was elected, [be] eligible to:
               (1)  any appointed civil office of profit under this
  State which shall have been created, or the emoluments of which may
  have been increased, during such term; [,] or
               (2)  any office or place, the appointment to which may
  be made, in whole or in part, by either branch of the Legislature.
         (b)  For purposes of Subsection (a)(1) of this section, [;
  provided, however,] the fact that the term of office of Senators and
  Representatives does not end precisely on the last day of December
  but extends a few days into January of the succeeding year is [shall
  be] considered as de minimis, and the ineligibility [herein]
  created by that subsection ends [shall terminate] on the last day in
  December of the last full calendar year of the term for which the
  Senator or Representative [he] was elected.
         (c)  If a member of the Legislature announces the member's
  candidacy, or in fact becomes a candidate, in any general, special,
  or primary election for any office of profit or trust under the laws
  of this State or the United States other than the office then held,
  at any time when the unexpired term of the office then held exceeds
  one year, that announcement or candidacy constitutes an automatic
  resignation of the office then held. The vacancy created by the
  automatic resignation shall be filled as provided by Section 13 of
  this article.
         (d)  No member of either House shall vote for any other
  member for any office whatever, which may be filled by a vote of the
  Legislature, except in such cases as are in this Constitution
  provided.
         (e)  A [, nor shall any] member of the Legislature may not be
  interested, either directly or indirectly, in any contract with the
  State, or any county thereof, authorized by any law passed during
  the term for which the member [he] was elected.
         Sec. 19.  A [No] judge of any court, Secretary of State,
  Attorney General, clerk of any court of record, or other [any]
  person holding a lucrative office under the United States, [or]
  this State, or any foreign government is not, [shall] during the
  term for which the person [he] is elected or appointed, [be]
  eligible to serve in the Legislature unless, at the time the person
  announced the person's candidacy, or in fact became a candidate, in
  any general, special, or primary election for the Legislature, the
  person resigned the office then held.
         SECTION 2.  Section 11(a), Article XI, Texas Constitution,
  is amended to read as follows:
         (a)  A Home Rule City may provide by charter or charter
  amendment, and a city, town or village operating under the general
  laws may provide by majority vote of the qualified voters voting at
  an election called for that purpose, for a longer term of office
  than two [(2)] years for its officers, either elective or
  appointive, or both, but not to exceed four [(4)] years. This
  subsection does not affect [; provided, however, that] tenure under
  Civil Service. City [shall not be affected hereby; provided,
  however, that such] officers, elective or appointive, whose terms
  exceed two years are subject to Section 65 [65(b)], Article XVI, of
  this Constitution, providing for automatic resignation in certain
  circumstances [, in the same manner as a county or district officer
  to which that section applies].
         SECTION 3.  Section 65, Article XVI, Texas Constitution, is
  amended to read as follows:
         Sec. 65.  (a)  [This section applies to the following
  offices: District Clerks; County Clerks; County Judges; Judges of
  the County Courts at Law, County Criminal Courts, County Probate
  Courts and County Domestic Relations Courts; County Treasurers;
  Criminal District Attorneys; County Surveyors; County
  Commissioners; Justices of the Peace; Sheriffs; Assessors and
  Collectors of Taxes; District Attorneys; County Attorneys; Public
  Weighers; and Constables.
         [(b)]  If a person holding an elective public office created
  under this Constitution or other law of this State announces the
  person's [any of the officers named herein shall announce their]
  candidacy, or [shall] in fact becomes [become] a candidate, in any
  General, Special or Primary Election, for any office of profit or
  trust under the laws of this State or the United States other than
  the office then held, at any time when the unexpired term of the
  office then held exceeds [shall exceed] one [(1)] year, such
  announcement or such candidacy constitutes [shall constitute] an
  automatic resignation of the office then held. The [, and the]
  vacancy [thereby] created by the automatic resignation shall be
  filled pursuant to law in the same manner as other vacancies for
  such office are filled.
         (b)  Subsection (a) of this section does not apply to a
  person who holds a municipal office with a term of two years or
  less.
         SECTION 4.  This proposed constitutional amendment shall be
  submitted to the voters at an election to be held November 3, 2009.
  The ballot shall be printed to permit voting for or against the
  proposition: "The constitutional amendment providing that a member
  of the legislature or other person who holds elective office, other
  than a municipal office with a term of two years or less,
  automatically vacates the office held on announcing a candidacy or
  becoming a candidate for another elective office when the unexpired
  portion of the person's term of office exceeds one year and
  providing that a person who holds another office is not eligible to
  serve in the legislature during the term of the office held unless
  the person resigned that office on announcing a candidacy or
  becoming a candidate for the legislature."