Bill Text: TX SJR60 | 2023-2024 | 88th Legislature | Introduced

Texas Senate Joint Resolution 60

Introduced

Bill Title: Proposing a constitutional amendment providing for the suspension of certain public officers by the governor and the trial, removal, and reinstatement of certain public officers by the senate.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2023-03-09 - Referred to State Affairs [SJR60 Detail]

Download: Texas-2023-SJR60-Introduced.html

	88R5790 BEF-D

	By: Birdwell	S.J.R. No. 60



	A JOINT RESOLUTION
	proposing a constitutional amendment providing for the suspension
	of certain public officers by the governor and the trial, removal,
	and reinstatement of certain public officers by the senate.
	BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Section 3, Article XV, Texas Constitution, is
	amended to read as follows:
	Sec. 3. (a) When the Senate is sitting as a Court of
	Impeachment, the Senators shall be on oath [,] or affirmation
	impartially to try the party impeached, and no person shall be
	convicted without the concurrence of two-thirds of the Senators
	present.
	(b) The Chief Justice of the Supreme Court shall preside
	when the Senate is sitting as a Court of Impeachment, except the
	Lieutenant Governor shall preside when the Chief Justice is the
	subject of the impeachment.
	SECTION 2. Article XV, Texas Constitution, is amended by
	adding Section 10 to read as follows:
	Sec. 10. (a) This section applies to:
	(1) a state officer, other than a member of the
	legislature or an officer listed in Section 2 of this article;
	(2) an officer of the military forces of this state not
	called into actual service of the United States;
	(3) a county officer; or
	(4) a municipal officer.
	(b) The governor shall by executive order suspend an officer
	listed in Subsection (a) of this section from office if the officer:
	(1) publicly declares that the officer will not
	enforce the laws of this state;
	(2) wilfully neglects the duties of office; or
	(3) is finally convicted of a felony.
	(c) The governor shall make a provisional appointment to
	fill the vacancy created by the suspension of an officer under this
	section. The governor may reinstate a suspended officer before the
	date the senate conducts a vote under Subsection (d) of this section
	on the question of removing the suspended officer.
	(d) The senate shall, not later than the 30th day after the
	date a suspension under this section takes effect, vote on the
	question of removing the suspended officer. If a majority of the
	members of the senate present vote to remove the officer, the
	officer is permanently removed from office and disqualified from
	holding any office of honor, trust, or profit under this state. If
	the senate does not remove the officer during the time provided by
	this subsection, the suspension expires and the officer is
	reinstated to office. The senate shall convene to conduct a vote
	required under this subsection if the legislature is not in
	session.
	(e) The governor shall appoint a person to fill the vacancy
	created by the removal of an elected officer by the senate under
	this section until the next general election.
	(f) The legislature by general law shall provide procedures
	for the suspension and removal of officers under this section.
	(g) The procedures provided by this section are in addition
	to other procedures provided by law for suspension or removal of
	public officers.
	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 88th Legislature,
	Regular Session, 2023, providing for the suspension of certain
	public officers by the governor and the trial, removal, and
	reinstatement of certain public officers by the senate.
	(b) Section 10, Article XV, Texas Constitution, as added by
	this amendment, takes effect January 1, 2024.
	(c) This temporary provision expires January 1, 2025.
	SECTION 4. This proposed constitutional amendment shall be
	submitted to the voters at an election to be held November 7, 2023.
	The ballot shall be printed to permit voting for or against the
	proposition: "The constitutional amendment providing for the
	suspension of certain public officers by the governor and the
	trial, removal, and reinstatement of certain public officers by the
	senate."