Bill Text: TX HJR46 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Proposing a constitutional amendment on the length of legislative terms and limiting to three the number of terms for which a person may be elected or appointed to the legislature or certain state offices.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2015-03-03 - Referred to State Affairs [HJR46 Detail]
Download: Texas-2015-HJR46-Introduced.html
By: Simmons | H.J.R. No. 46 |
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proposing a constitutional amendment on the length of legislative | ||
terms and limiting to three the number of terms for which a person | ||
may be elected or appointed to the legislature or certain state | ||
offices. | ||
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 [ |
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be staggered so that one third of the Senators are elected | ||
biennially.[ |
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(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 [ |
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years. The four year terms shall be staggered so that one half of | ||
the Representatives are 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 who has been elected to serve three | ||
terms in the senate is not eligible for election to serve a fourth | ||
term. This provision limits to three the number of consecutive or | ||
nonconsecutive terms for which a person may be elected to the | ||
senate. This provision does not prohibit a person from being | ||
eligible for election to an office not described by this | ||
subsection. | ||
(b) A person who has been elected to serve three terms in the | ||
house of representatives is not eligible for election to serve a | ||
fourth term. This provision limits to three the number of | ||
consecutive or nonconsecutive terms for which a person may be | ||
elected to the house of representatives. This provision does not | ||
prohibit a person from being eligible for election to an office not | ||
described by this subsection. | ||
(c) Legislative service before the legislature convenes in | ||
regular session in 2015 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. Article IV, Texas Constitution, is amended by | ||
adding Section 2a to read as follows: | ||
Sec. 2a. (a) A person who has been elected or appointed to | ||
serve three terms in an office listed in Section 1 of this article | ||
is not eligible for election or appointment to serve a fourth term | ||
in the same office. This provision limits to three the number of | ||
consecutive or nonconsecutive terms for which a person may be | ||
elected to an office listed in Section 1 of this article. | ||
(b) A person described by subsection (a) of this section is | ||
not prohibited from being eligible for election to a different | ||
office listed in Section 1 of this article or an office listed in | ||
Section 1 of Article 3 of the this constitution. | ||
(c) The term of a person appointed to serve for the | ||
remainder of a term to fill a vacancy in a statewide office is not | ||
counted in determining whether a person is eligible to serve under | ||
Subsection (a) of this section. | ||
SECTION 5. The following temporary provision is added to | ||
the Texas Constitution: | ||
TEMPORARY PROVISION. (a) This temporary provision applies to | ||
the constitutional amendment proposed by the 84th Legislature, | ||
Regular Session, 2015, on the length of legislative terms and | ||
limiting to three the number of terms for which a person may be | ||
elected or appointed to the legislature or certain state offices. | ||
(b) Members of the Senate shall be elected to terms as | ||
provided by Section 3, Article III, of this constitution beginning | ||
with the election of members of the 85th Legislature, to convene in | ||
2017. For that purpose, the senators elected to the 85th | ||
Legislature shall be divided by lot into three classes to establish | ||
staggered terms as provided by Sections 3, Article III. The seats | ||
of the Senators of the first class shall be vacated at the | ||
expiration of the first two years, those of the second class at the | ||
expiration of four years, and those of the third class at the | ||
expiration of six years. When the seats of the Senators of the | ||
first, second or third class are vacated, the Senators shall be | ||
chosen by the qualified voters for the term of six years so that one | ||
third of the Senators are elected biennially to six year terms. | ||
(c) Members of the House of Representatives shall be elected | ||
to terms as provided by Section 4, Article III, of this constitution | ||
beginning with the election of members of the 85th Legislature, to | ||
convene in 2017. For that purpose, the Representatives elected to | ||
the 85th Legislature shall be divided by lot into two classes so | ||
that half of the Members shall be chosen biennially to four year | ||
terms as provided by Sections 3, Article III. The seats of the | ||
Representatives of the first class shall be vacated at the | ||
expiration of the first two years and those of the second class at | ||
the expiration of four years. When the seats of the Representatives | ||
of the first and second classes are vacated, the Representatives | ||
shall be chosen by the qualified voters for the term of four years | ||
so that half of the Representatives are elected biennially to four | ||
year terms. | ||
(d) A term of office that begins before January 1, 2015, is | ||
not counted in determining whether a person is eligible to serve | ||
under Section 7a, Article III, or Section 2a, Article IV, of this | ||
constitution. | ||
(e) The terms of the Senators who are divided into the first | ||
or second classes described in Subsection (b) of this section are | ||
not counted in determining whether they are eligible to serve under | ||
Section 7a, Article III, of this constitution. | ||
(f) The term of the Representatives who are divided into the | ||
first class described in Subsection (c) of this section is not | ||
counted in determining whether they are eligible to serve under | ||
Section 7a, Article III, of this constitution. | ||
(g) This temporary provision expires February 1, 2023. | ||
SECTION 6. This proposed constitutional amendment shall be | ||
submitted to the voters at an election to be held November 3, 2015. | ||
The ballot shall be printed to permit voting for or against the | ||
proposition: "The constitutional amendment changing the length of | ||
legislative terms and limiting to three the number of terms for | ||
which a person may be elected or appointed to the office of | ||
governor, lieutenant governor, secretary of state, comptroller of | ||
public accounts, commissioner of the General Land Office, attorney | ||
general, commissioner of agriculture, railroad commissioner, state | ||
senator, or state representative." |