82R2985 DRH-D

By: Hunter H.J.R. No. 140

A JOINT RESOLUTION

proposing a constitutional amendment on the length of legislative terms and number of years a person may serve in the legislature.

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

SECTION 1. Section 3, Article III, Texas Constitution, is amended to read as follows:

Sec. 3. (a) The Senators shall be chosen by the qualified voters for the term of six [four] years; but a new Senate shall be chosen after every apportionment, and the Senators elected after each apportionment shall be divided by lot into two classes. The seats of the Senators of the first class shall be vacated at the expiration of the first four [two] years[,] and those of the second class at the expiration of six [four] years[, so that one half of the Senators shall be chosen biennially thereafter].

(b) Senators shall take office following their election, on the day set by law for the convening of the Regular Session of the Legislature, and shall serve thereafter for the full term of years to which elected.

SECTION 2. Section 4, Article III, Texas Constitution, is amended to read as follows:

Sec. 4. (a) The Members of the House of Representatives shall be chosen by the qualified voters for the term of four [two] years; but a new House of Representatives shall be chosen after every apportionment, and the Members elected after each apportionment shall be divided by lot into two classes. The Members of the first class shall vacate their seats after the expiration of two years, and the Members of the second class shall vacate their seats after the expiration of four years after the date on which their term of office begins, so that half of the Members will be elected biennially.

(b) Representatives shall take office following their election, on the day set by law for the convening of the Regular Session of the Legislature, and shall serve thereafter for the full term of years to which elected.

SECTION 3. Article III, Texas Constitution, is amended by adding Section 7a to read as follows:

Sec. 7a. (a) A person is not eligible to be elected to the senate if, on the date the term to which the person seeks election begins, the person will have in the preceding 18 years served 12 or more consecutive years as a member of the senate.

(b) A person is not eligible to be elected to the house of representatives if, on the date the term to which the person seeks election begins, the person will have in the preceding 12 years served eight or more consecutive years as a member of the house.

(c) Legislative service before the legislature convenes in regular session in 2013 is not counted in determining whether a person is disqualified from election under this section.

(d) For purposes of this section, it is presumed that a member of the legislature who seeks election to a subsequent term of office will serve for the full term of office the member is currently serving.

SECTION 4. The following temporary provision is added to the Texas Constitution:

TEMPORARY PROVISION. (a) This temporary provision applies to the constitutional amendment proposed by the 82nd Legislature, Regular Session, 2011, on the length of legislative terms and number of years a person may serve in the legislature.

(b) Members of the legislature shall be elected to terms as provided by Sections 3 and 4, Article III, of this constitution beginning with the election of members of the 83rd Legislature, to convene in 2013.

(c) This section expires January 31, 2013.

SECTION 5. 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 changing the length of legislative terms and limiting the number of years a person may serve in the legislature."