76(R) HJR 44 House committee report

HBA-ALS C.S.H.J.R. 44 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.J.R. 44
By: Ramsay
State Affairs
4/15/1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Under the Texas Constitution, if the governor becomes incapacitated, is
unable to discharge the duties of the office, or resigns, the lieutenant
governor acts as governor without resigning from the office of lieutenant
governor.  If there is a vacancy in the office of  lieutenant governor, the
senate is required to appoint one of its members to serve in the office of
the lieutenant governor without resigning the member's senate seat.  In
addition, if the term of the senator who is acting as lieutenant governor
expires before the lieutenant governor's term expires, the senate is
required to appoint another member to fill the remainder of the lieutenant
governor's term. 

The purpose of this joint resolution is to provide, in the case of a
vacancy of office, clear succession from the offices of lieutenant governor
and senator to the offices of governor and lieutenant governor,
respectively.  C.S.H.J.R. 44 provides the rules for filling a permanent or
temporary vacancy in the offices of governor and lieutenant governor.
C.S.H.J.R. 44 requires the lieutenant governor filling the vacancy in the
office of governor to forfeit the office of lieutenant governor upon
becoming governor.  C.S.H.J.R. 44 requires the submission to the voters of
a constitutional amendment providing for clear succession to the offices of
governor and lieutenant governor by requiring the succeeding lieutenant
governor and senator to vacate their respective offices upon assuming their
new offices, and providing for the rules of succession in the offices of
governor and lieutenant governor.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Sections 3a, 16, 17, and 18, Article IV, Texas
Constitution, as follows: 

Sec. 3a.  Provides that if, at the time the Legislature shall canvass the
election returns for the offices of Governor and Lieutenant Governor, the
person with the highest number of votes for the office of Governor, as
declared by the Speaker, has died, fails to qualify, or is unable to assume
office, then the person having the highest number of votes for the office
of Lieutenant Governor becomes Governor for the full term to which the
person was elected as Governor, rather than until after the next general
election.  Provides that by becoming the Governor, the person forfeits the
office of Lieutenant Governor, and requires the resulting vacancy in the
office of Lieutenant Governor to be filled according to Section 9, Article
III, of the Texas Constitution. Requires the Lieutenant Governor to act as
Governor if the person with the highest number of votes for the office of
Governor, as declared by the Speaker, becomes temporarily unable to take
office until the person is able to assume the office of Governor.  Deletes
language requiring that in the event the person with the highest number of
votes for office of Governor, as declared by the Speaker, becomes disabled,
or fails to qualify, the Lieutenant Governor is to act as Governor until
the person has qualified for the office of Governor or until after the next
general election.  Makes nonsubstantive changes. 

Sec. 16.  (a) Makes a nonsubstantive change.  
           
 (b) Makes nonsubstantive changes.

(c) Requires, in the case of the temporary inability or temporary
disqualification of the Governor to serve, the impeachment of the Governor,
or the absence of the Governor from the State, the Lieutenant Governor to
exercise the powers and authority appertaining to the office of Governor
until the Governor is able or qualified to resume serving, is acquitted, or
returns to the State.  Deletes language requiring the Lieutenant Governor
to exercise the powers and authority appertaining to the office of Governor
in the case of the Governor's death, resignation, removal from office, or
refusal to serve until another is chosen at the periodical election and is
duly qualified, or until the Governor that is impeached, absent, or
disabled is acquitted, returns, or his disability is removed.  Makes
conforming and nonsubstantive changes. 

(d) Provides that if the Governor refuses to serve, is permanently unable
to serve, or the office of the Governor becomes vacant, the Lieutenant
Governor becomes Governor for the remainder of the Governor's term.
Provides that the person vacates the office of Lieutenant Governor upon
becoming Governor and requires that the vacancy in the office of Lieutenant
Governor be filled according to Section 9, Article III, of the Texas
Constitution (President Pro Tempore of Senate; Lieutenant Governor Office
Vacancy; Speaker of House of Representatives).  Makes nonsubstantive
changes. 

Sec.  17. Requires the President pro tempore of the Senate to exercise the
powers and authority appertaining to the office of Governor if the
Lieutenant Governor is temporarily unable or disqualified to serve, is
impeached, or is absent from the State while acting as Governor under
Section 16(c) until the Governor or Lieutenant Governor reassumes those
powers and duties.  Deletes language requiring the President pro tempore of
the Senate to administer the Government in the event that the Lieutenant
Governor dies, resigns, refuses to serve, or is removed from office during
the vacancy in the office of Governor until a time that he is superseded by
a Governor or Lieutenant Governor. Makes conforming and nonsubstantive
changes.  
 
Sec. 18.  Makes conforming and nonsubstantive changes.

SECTION 2.  Amends Section 9(a), Article III, Texas Constitution, to make a
nonsubstantive change. 

SECTION 3.  Requires this proposed constitutional amendment to be submitted
to the voters at an election to be held November 2, 1999.  Sets forth the
required language for the ballot. 

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute modifies the original bill in SECTION 1 by deleting
reference to Section 16(c), Article IV, Texas Constitution, as amended by
this Act, with respect to the exercise of gubernatorial powers by the
Lieutenant Governor during a temporary absence of the Governor in Section
17, Article IV, Texas Constitution, as amended by this Act. 

The substitute modifies the original bill in SECTION 2 by deleting all
changes with respect to the elevation of a senator to the office of
Lieutenant Governor made by the original bill to Section 9(a), Article III,
Texas Constitution, and making a nonsubstantive change. 

The original proposed to amend Section 9(a), Article III, Texas
Constitution,  to require the Senate, within 30 days after a vacancy
occurs, to convene the Committee of the Whole Senate and elect one of its
members into the office of the Lieutenant Governor for the remainder of the
term being served by the Lieutenant Governor who vacated the office.
Deletes language providing that the person elected to the office of
Lieutenant Governor serves as the Lieutenant Governor in addition to his
duties as Senator until the next general election.  Provides that on
becoming Lieutenant Governor, the Senator elected ceases to be a Senator
and requires the resulting vacancy to be filled in a manner provided by
law.  Deletes language requiring that another Senator be elected, in the
same manner, before the election of a new  Lieutenant Governor to perform
the duties of the Lieutenant Governor until the next general election.
Makes conforming and nonsubstantive changes.