Bill Text: TX HJR46 | 2015-2016 | 84th Legislature | Introduced

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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

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By: Simmons H.J.R. No. 46

A JOINT RESOLUTION
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 [four] years[;]. The six year terms shall
be staggered so that one third of the Senators are elected
biennially.[but a new Senate shall be chosen after every
apportionment, and the Senators elected after each apportionment
shall be divided by lot into two classes. The seats of the Senators
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, so that one half of the Senators shall be chosen biennially
thereafter.]
(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 [two]
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."