81R11418 JRD-D

By: Homer H.J.R. No. 120

A JOINT RESOLUTION

proposing a constitutional amendment providing that a 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.

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

SECTION 1. 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 2. 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 3. 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 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."