82R9097 EES-D

By: Christian H.J.R. No. 115

A JOINT RESOLUTION

proposing a constitutional amendment to change the number, method of appointment, and terms of the Texas Ethics Commission members and the term and selection of the presiding officer of the Texas Ethics Commission.

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

SECTION 1. Sections 24a(a), (b), and (c), Article III, Texas Constitution, are amended to read as follows:

(a) The Texas Ethics Commission is a state agency consisting of the following six [eight] members:

(1) three [two] members of the same political party as the governor, [different political parties] appointed by the governor [from a list of at least 10 names submitted by the members of the house of representatives from each political party required by law to hold a primary]; and

(2) three [two] members of a political party required by law to hold a primary that is not the political party of the governor, [different political parties] appointed by the governor [from a list of at least 10 names submitted by the members of the senate from each political party required by law to hold a primary;

[(3) two members of different political parties appointed by the speaker of the house of representatives from a list of at least 10 names submitted by the members of the house from each political party required by law to hold a primary; and

[(4) two members of different political parties appointed by the lieutenant governor from a list of at least 10 names submitted by the members of the senate from each political party required by law to hold a primary].

(b) [The governor may reject all names on any list submitted under Subsection (a)(1) or (2) of this section and require a new list to be submitted.] The position of presiding officer of the commission shall rotate biennially among the members of the commission who are from the same political party as the governor [shall elect annually the chairman of the commission].

(c) Commission [With the exception of the initial appointees, commission] members serve for staggered six-year [four-year] terms. [Each appointing official will make one initial appointment for a two-year term and one initial appointment for a four-year term.] A vacancy on the commission shall be filled for the unexpired portion of the term in the same manner as the original appointment. A member who has served for one term and any part of a second term is not eligible for reappointment.

SECTION 2. Article III, Texas Constitution, is amended by adding the following temporary provision to read as follows:

TEMPORARY PROVISION. On January 1, 2012, the terms of all of the members of the Texas Ethics Commission expire, and the governor shall appoint two persons to terms expiring February 1, 2013, two persons to terms expiring February 1, 2015, and two persons to terms expiring February 1, 2017. Thereafter, members of the Texas Ethics Commission serve six-year terms, as provided by Section 24a(c) of this article. This temporary provision expires January 1, 2013.

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 provide for voting for or against the proposition: "The constitutional amendment providing for a decrease in the size of the Texas Ethics Commission from eight to six members appointed by the governor to serve six-year terms and providing for the rotation of the position of presiding officer of the Texas Ethics Commission."