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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 automatically vacates the office held on announcing a |
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candidacy or becoming a candidate for another elective office in a |
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general or primary election when the unexpired portion of the |
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member's term of office exceeds one year and providing that a person |
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who holds another office is not eligible to serve in the legislature |
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during the term of the office held unless, on announcing a candidacy |
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or becoming a candidate for the legislature in a general or primary |
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election, the person resigned that office. |
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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 or primary |
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election for any office of profit or trust under the laws of this |
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State or the United States other than the office then held, at any |
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time when the unexpired term of the office then held exceeds one |
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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 or primary election for the Legislature, the person |
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resigned the office then held. |
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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 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 automatically vacates the office held on |
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announcing a candidacy or becoming a candidate for another elective |
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office in a general or primary election when the unexpired portion |
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of the member'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, on |
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announcing a candidacy or becoming a candidate for the legislature |
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in a general or primary election, the person resigned that office." |