HBA-ALS H.J.R. 78 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.J.R. 78
By: Alexander
State Affairs
4/22/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, a member of the House of Representatives is elected to a term of
two years and a member of the Senate is elected for a term of four years.
Some individuals believe that a large portion of a member's time in office
is spent campaigning and fund-raising for the next campaign.  The purpose
of this bill is to allow members of the legislature to better utilize their
time in office to serve their constituents by lengthening legislative
terms. 

As proposed, H.J.R. 78 requires the submission to the voters of a
constitutional amendment to requiring senators serve a term of six years
and to requiring house members serve a term of four years. 

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 3 and 4, Article III, Texas Constitution, as
follows: 

Sec. 3.  (a) Created from existing text. Requires senators to be chosen by
the qualified electors for the term of six, rather than four years.
Requires a new senate to be chosen after every apportionment and requires
the senators elected after each apportionment to be divided by lot into
three, rather than two classes.  Requires the seats of the senators of the
first class to 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, so that one-third, rather than
one-half, of the senators, or as near to one-third as may be, to be chosen
biennially thereafter.  

(b) Created from existing text.

(c) Created from existing text.  Requires senate members to be elected to
staggered six-year terms as provided by this section as amended in 1999
beginning with the first election of senators after the apportionment of
the senate that occurs pursuant to the 2000 federal decennial census.
Requires senators, until that election, to be elected to terms as provided
by this section as it existed on January 1, 1999.  Provides that this
subsection expires January 1, 2005. 

Sec. 4.  (a) Created from existing text. Requires the members of the House
of Representatives to be chosen by the qualified electors for the term of
four years, rather than two years.  Requires a new House of Representatives
to be chosen after every apportionment. Requires the house members elected
after each apportionment to be divided by lot into two classes.  Requires
the house members of the first class to vacate their seats two years after
the date on which their term of office begins and the members of the second
class to vacate their seats four years after the date on which their term
of office begins, so that one-half of the members will be elected
biennially.   

 (b) Created from existing text.

(c) Create from existing text. Requires the members to be elected to terms
as provided by Subsection (a) of this section beginning with the first
election of members after the apportionment of the House that occurs
pursuant to the 2000 federal decennial census. Requires the house members,
until that election, to serve two-year terms as provided by this section as
it existed on January 1, 1999.  Provides that this subsection expires
January 1, 2005.  

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