83R1897 JSA-F

By: Huffman S.J.R. No. 22

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 5, 2013. 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."