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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 person holding a statewide elective office |
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automatically vacates office on announcing a candidacy or becoming |
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a candidate for another elective office before the final full year |
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of the person's term of office. |
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BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 18, Article III, Texas Constitution, is |
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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 (1) any civil office of profit |
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under this State which shall have been created, or the emoluments of |
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which may have been increased, during such term, or (2) any office |
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or place, the appointment to which may be made, in whole or in part, |
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by either branch of the Legislature; provided, however, the fact |
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that the term of office of Senators and Representatives does not end |
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precisely on the last day of December but extends a few days into |
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January of the succeeding year shall be considered as de minimis, |
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and the ineligibility herein created shall terminate on the last |
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day in December of the last full calendar year of the term for which |
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the Senator or Representative [he] was elected. |
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(b) 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, nor shall any member of the Legislature be interested, |
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either directly or indirectly, in any contract with the State, or |
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any county thereof, authorized by any law passed during the term for |
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which the member [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 before January 1 of the last full calendar year of the |
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member's term of office, that announcement or candidacy constitutes |
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an automatic resignation from the legislative office then held. The |
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vacancy created by the automatic resignation shall be filled as |
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provided by Section 13 of this article. |
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SECTION 2. Article XVI, Texas Constitution, is amended by |
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adding Section 65-a to read as follows: |
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Sec. 65-a. If a person who holds a statewide elective office |
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announces the person's candidacy, or in fact becomes a candidate, |
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in any general, special, or primary election for any office of |
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profit or trust under the laws of this State or the United States |
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other than the office then held at any time when the unexpired term |
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of the State office then held exceeds one year, that announcement or |
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candidacy constitutes an automatic resignation from the State |
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office then held. |
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SECTION 3. This proposed constitutional amendment shall be |
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submitted to the voters at an election to be held November 8, 2011. |
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The ballot shall be printed to provide for 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 a person holding a statewide elective office |
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automatically vacates office on announcing a candidacy or becoming |
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a candidate for another elective office in a general, special, or |
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primary election before the final full year of the person's term of |
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office." |