| |
| |
|
|
|
|
|
A JOINT RESOLUTION
|
|
|
|
|
|
proposing a constitutional amendment to provide that the governor, |
|
|
|
|
|
and the lieutenant governor when acting as governor, retain |
|
|
|
|
|
executive authority unless unavailable as provided by law. |
|
|
|
|
|
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
|
|
|
SECTION 1. Sections 16(c) and (d), Article IV, Texas |
|
|
|
|
|
Constitution, are amended to read as follows: |
|
|
|
|
|
(c) In the case of the temporary inability or temporary |
|
|
|
|
|
disqualification of the Governor to serve or[,] the impeachment of
|
|
|
|
|
|
the Governor, or when the [absence of the] Governor is unavailable |
|
|
|
|
|
as provided by law [from the State], the Lieutenant Governor shall
|
|
|
|
|
|
exercise the powers and authority appertaining to the office of |
|
|
|
|
|
Governor until the Governor becomes able or qualified to resume |
|
|
|
|
|
serving, is acquitted, or is available [returns to the State]. For |
|
|
|
|
|
purposes of this subsection, unless the Legislature provides |
|
|
|
|
|
otherwise by statute, the Governor is unavailable if the Governor |
|
|
|
|
|
is absent from the state. |
|
|
|
|
|
(d) If the Governor refuses to serve or becomes permanently |
|
|
|
|
|
unable to serve, or if the office of Governor becomes vacant, the |
|
|
|
|
|
Lieutenant Governor becomes Governor for the remainder of the term |
|
|
|
|
|
being served by the Governor who refused or became permanently
|
|
|
|
|
|
unable to serve or vacated the office. On becoming Governor, the |
|
|
|
|
|
person vacates the office of Lieutenant Governor, and the resulting |
|
|
|
|
|
vacancy in the office of Lieutenant Governor shall be filled in the |
|
|
|
|
|
manner provided by Section 9, Article III, of this Constitution. |
|
|
|
|
|
SECTION 2. Section 17(a), Article IV, Texas Constitution, |
|
|
|
|
|
is amended to read as follows: |
|
|
|
|
|
(a) If, while exercising the powers and authority |
|
|
|
|
|
appertaining to the office of Governor under Section 16(c) of this |
|
|
|
|
|
article, the Lieutenant Governor becomes temporarily unable or |
|
|
|
|
|
disqualified to serve, is impeached, or is unavailable as provided |
|
|
|
|
|
by law [is absent from the State], the President pro tempore of the
|
|
|
|
|
|
Senate, for the time being, shall exercise the powers and authority |
|
|
|
|
|
appertaining to the office of Governor until the Governor or |
|
|
|
|
|
Lieutenant Governor reassumes those powers and duties. For |
|
|
|
|
|
purposes of this subsection, unless the Legislature provides |
|
|
|
|
|
otherwise by statute, the Lieutenant Governor is unavailable if the |
|
|
|
|
|
Lieutenant Governor is absent from the state. |
|
|
|
|
|
SECTION 3. This proposed constitutional amendment shall be |
|
|
|
|
|
submitted to the voters at an election to be held November 8, 2011. |
|
|
|
|
|
The ballot shall be printed to permit voting for or against the |
|
|
|
|
|
proposition: "The constitutional amendment providing that the |
|
|
|
|
|
governor, and the lieutenant governor when acting as governor, |
|
|
|
|
|
retain executive authority unless unavailable as provided by law." |