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SENATE JOINT RESOLUTION
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proposing a constitutional amendment to provide that the governor, |
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and the lieutenant governor when acting as governor, retain |
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executive authority unless unavailable as provided by law. |
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BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsections (c) and (d), Section 16, Article IV, |
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Texas Constitution, are amended to read as follows: |
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(c) In the case of the temporary inability or temporary |
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disqualification of the Governor to serve or[,] the impeachment of |
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the Governor, or when the [absence of the] Governor is unavailable |
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as provided by law [from the State], the Lieutenant Governor shall |
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exercise the powers and authority appertaining to the office of |
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Governor until the Governor becomes able or qualified to resume |
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serving, is acquitted, or is available [returns to the State]. For |
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purposes of this subsection, unless the legislature provides |
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otherwise by statute, the Governor is unavailable if the Governor |
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is absent from the state. |
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(d) If the Governor refuses to serve or becomes permanently |
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unable to serve, or if the office of Governor becomes vacant, the |
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Lieutenant Governor becomes Governor for the remainder of the term |
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being served by the Governor who refused or became permanently |
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unable to serve or vacated the office. On becoming Governor, the |
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person vacates the office of Lieutenant Governor, and the resulting |
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vacancy in the office of Lieutenant Governor shall be filled in the |
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manner provided by Section 9, Article III, of this Constitution. |
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SECTION 2. Subsection (a), Section 17, Article IV, Texas |
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Constitution, is amended to read as follows: |
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(a) If, while exercising the powers and authority |
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appertaining to the office of Governor under Section 16(c) of this |
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article, the Lieutenant Governor becomes temporarily unable or |
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disqualified to serve, is impeached, or is unavailable as provided |
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by law [is absent from the State], the President pro tempore of the |
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Senate, for the time being, shall exercise the powers and authority |
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appertaining to the office of Governor until the Governor or |
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Lieutenant Governor reassumes those powers and duties. For |
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purposes of this subsection, unless the legislature provides |
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otherwise by statute, the Lieutenant Governor is unavailable if the |
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Lieutenant Governor is absent from the state. |
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SECTION 3. This proposed constitutional amendment shall be |
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submitted to the voters at an election to be held November 5, 2013. |
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The ballot shall be printed to permit voting for or against the |
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proposition: "The constitutional amendment providing that the |
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governor, and the lieutenant governor when acting as governor, |
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retain executive authority unless unavailable as provided by law." |
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