By: Munoz, Jr. (Senate Sponsor - Hinojosa) H.J.R. No. 87

(In the Senate - Received from the House April 29, 2013; May 3, 2013, read first time and referred to Committee on Intergovernmental Relations; May 16, 2013, reported favorably by the following vote: Yeas 4, Nays 0; May 16, 2013, sent to printer.)

HOUSE JOINT RESOLUTION

proposing a constitutional amendment authorizing a home-rule municipality to provide in its charter the procedure to fill a vacancy on its governing body for which the unexpired term is 12 months or less.

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

SECTION 1. Section 11, Article XI, Texas Constitution, is amended by amending Subsection (b) and adding Subsection (c) to read as follows:

(b) A municipality so providing a term exceeding two (2) years but not exceeding four (4) years for any of its non-civil service officers must elect all of the members of its governing body by majority vote of the qualified voters in such municipality.

(c) Any[, and any] vacancy or vacancies occurring on such governing body shall not be filled by appointment but must be filled by majority vote of the qualified voters at a special election called for such purpose within one hundred and twenty (120) days after such vacancy or vacancies occur except that the municipality may provide by charter or charter amendment the procedure for filling a vacancy occurring on its governing body for an unexpired term of 12 months or less.

SECTION 2. This proposed constitutional amendment shall be submitted to the voters at an election to be held November 5, 2013. The ballot shall be printed to provide for voting for or against the proposition: "The constitutional amendment authorizing a home-rule municipality to provide in its charter the procedure to fill a vacancy on its governing body for which the unexpired term is 12 months or less."

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