RESOLUTION ANALYSIS

S.J.R. 34

By: Birdwell

State Affairs

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Concerns have been raised that a provision of the Texas Constitution allowing for certain state officers to continue to perform the duties of their offices until their successors are duly qualified has been used as an undue extension of a particular officer's term of office. S.J.R. 34 seeks to address these concerns by limiting the service of certain officers appointed by the governor after the expiration of the officer's term of office.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this resolution does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this resolution does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

S.J.R. 34 proposes an amendment to the Texas Constitution to establish that following the expiration of a term of an appointive office that is filled by appointment of the governor with the advice and consent of the senate and that is not an office for which the officer receives a salary, the period for which the officer is required to continue to perform the duties of office ends on the last day of the first regular session of the legislature that begins after the expiration of the term.

ELECTION DATE

The constitutional amendment proposed by this joint resolution will be submitted to the voters at an election to be held November 7, 2017.