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HJ.R. 54, § 1 78th LEGISLATURE--REGUL~R SESSION PROPOSED ~ (g) This section does not create a liability or an obligation to a retirement system for a (e) The app~ member of the retirement system other than the payment by active members of a required on the date sp contribution or a f~ture required contribution to thc retirement system, oj~cer will ent~ (h) A retirement system described by Subsection (a) and the political subdivision or (J) A tempor subdivisions that finance benefits u~xler the retirement system are exempt from the applica- entitled to the ~ lion of this section if: as the officer w, (1) the political subdivision or s~bdivisions hold an election on the date in May 2004 (g) A tempo~ that political subdivisions may use for the election of their officers; office for the sh (2) the maj~ity of the voters of a political subdivision voting at the election favor (1) the ter~ exempting the political subdivision and the retirement system fi'om the application of this (2) the ter~ section; and (h) In this se (3) the exemption is the only issue relating to the funding and benefits of the retirement United States . system that is presented to the voters at the election. United States ( SECTION 2. This constitutional amendment shall be submitted to the voters at an the National G~ election to be held September 13, 2003. The ballot shall be printed to allow for voting for or SECTION 2. against the proposition: "The constitutional amendment providing that certain benefits under an election to be certain local public reth~ement systems may not be reduced or impaired." against the pro Passed by the House on April 29, 2003: Yeas 137, Nays 0, 1 present, not voting; the temporary reph House concurred in Senate amendments to H.J.R. No. 54 on May 30, 2003: Yeas duty in the Unit 144, Nays 0, 2 present, not voting; passed by the Senate, with amendments, on May Passed by th 28, 2003: Yeas 31, Nays 0. House c( Filed with the Secretary of State June 3, 2003. 143, Nay 28, 2003: Filed with the H.J.R. No. 84 A JOINT RESOLUTION proposing a constitutional amendment providing for the filling of a temporaw vacancy in a public office created by the activation for military service of a public officer. BE IT RESOLVED BY THE Legislature of the State of Texas: proposing a con~ without an electi( SECTION 1. Article XVI, Texas Constitution, is amended by adding Section 72 to read as follows: BE IT RESO1 Sec. 72. (a) An elected or appointed officer of the state or of any political subdieision who SECTION 1. enters active duty in the armed forces of the United States as a resnlt of being called to duty, follows: drafled~ or activated does ual vacate the office held, but the appropriate authority may appoint a replacement to serve as tempora~j acting officer as provided by this section if the Sec. 13. For ~ elected or appointed officec uqll be on active duty jbr longer than 30 days. p,ovide by gene~ (b) For an officer other than a member of the legislature, the authority who has the power only eandidate t~ to appoint a person to fill a vacancy in that office may appoint a temporary acting officer. SECTION 2. If a vacancy would ~o~vnally be filled by special election, the governor may appoint the an election to be temporary acting officer for a state or district office, arid the governing body of a political against the prop~ subdivision may appoint the temporary acting officer for an office of that political subdiwi- a person to take sion. election tbr that, (c) For an officer who is a member of the legislature, the member of the legislature shall select a person to serve as the temporary acting representative or senator, subject to approval SECTION 3. of the selection by a majority vote of the appropriate house of the legislat~re. The temporary 2003, is amended acting representative or senator must be: SECTION 2. (1) a member of the same political party as the member being temporarily replaced; an election to be and permit voting fo (2) qualified for office under Section 6, Article III, of this constitution for a seuator, or municipalities to Section 7, Article III, of this constitution for a representative, volunteer fire del (d) The officer who is temporarily replaced under this section may recommend to the Passed by the appropriate appointing authority the name of a person to temporarily fill the office. House cot A-14