Bill Text: TX HJR142 | 2021-2022 | 87th Legislature | Introduced


Bill Title: Proposing a constitutional amendment requiring the secretary of state to be elected by the qualified voters at a general election instead of appointed by the governor.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2021-03-29 - Referred to State Affairs [HJR142 Detail]

Download: Texas-2021-HJR142-Introduced.html
  87R9260 JCG-D
 
  By: Slaton H.J.R. No. 142
 
 
 
A JOINT RESOLUTION
  proposing a constitutional amendment requiring the secretary of
  state to be elected by the qualified voters at a general election
  instead of appointed by the governor.
         BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 2, 21, and 23, Article IV, Texas
  Constitution, are amended to read as follows:
         Sec. 2.  All the above officers of the Executive Department
  [(except Secretary of State)] shall be elected by the qualified
  voters of the State at the time and places of election for members
  of the Legislature.
         Sec. 21.  The [There shall be a] Secretary of State[, who
  shall be appointed by the Governor, by and with the advice and
  consent of the Senate, and who shall continue in office during the
  term of service of the Governor. He] shall authenticate the
  publication of the laws, and keep a fair register of all official
  acts and proceedings of the Governor, and shall, when required, lay
  the same and all papers, minutes and vouchers relative thereto,
  before the Legislature, or either House thereof, and shall perform
  such other duties as may be required [of him] by law. [He shall
  receive for his services an annual salary in an amount to be fixed
  by the Legislature.]
         Sec. 23.  The Comptroller of Public Accounts, the Secretary
  of State, the Commissioner of the General Land Office, the Attorney
  General, and any statutory State officer who is elected by the
  electorate of Texas at large, unless a term of office is otherwise
  specifically provided in this Constitution, shall each hold office
  for the term of four years. Each shall receive an annual salary in
  an amount to be fixed by the Legislature and perform such duties as
  are or may be required by law. They [and the Secretary of State]
  shall not receive to their own use any fees, costs or perquisites of
  office. All fees that may be payable by law for any service
  performed by any officer specified in this section or in the
  officer's office, shall be paid, when received, into the State
  Treasury.
         SECTION 2.  Section 2, Article XV, Texas Constitution, is
  amended to read as follows:
         Sec. 2.  Impeachment of the Governor, Lieutenant Governor,
  Attorney General, Commissioner of the General Land Office,
  Secretary of State, Comptroller and the Judges of the Supreme
  Court, Court of Appeals and District Court shall be tried by the
  Senate.
         SECTION 3.  The following temporary provision is added to
  the Texas Constitution:
         TEMPORARY PROVISION. (a) This temporary provision applies
  to the constitutional amendment proposed by the 87th Legislature,
  Regular Session, 2021, requiring the secretary of state to be
  elected by the qualified voters at a general election instead of
  appointed by the governor.
         (b)  Unless otherwise removed as provided by law, the
  secretary of state serving on the date that the adoption of the
  amendment by the voters is shown by the official canvass of returns
  shall continue in office under the former law and that former law is
  continued in effect for that purpose.
         (c)  This temporary provision expires January 1, 2026.
         SECTION 4.  This proposed constitutional amendment shall be
  submitted to the voters at an election to be held November 2, 2021.
  The ballot shall be printed to provide for voting for or against the
  proposition: "The constitutional amendment requiring the
  secretary of state to be elected by the qualified voters at a
  general election instead of appointed by the governor."
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