CHAPTER 304. EMERGENCY INTERIM LEGISLATIVE SUCCESSION

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GOVERNMENT CODE

TITLE 3. LEGISLATIVE BRANCH

SUBTITLE A. LEGISLATURE

CHAPTER 304. EMERGENCY INTERIM LEGISLATIVE SUCCESSION

Sec. 304.001. SHORT TITLE. This chapter may be cited as the

Emergency Interim Legislative Succession Act.

Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.

Sec. 304.002. DEFINITIONS. In this chapter:

(1) "Attack" means any action or series of actions taken by an

enemy of the United States resulting in substantial damage or

injury to persons or property in this state whether by sabotage,

bombs, missiles, shellfire, or atomic, radiological, chemical,

bacteriological, or biological means or by other weapons or

methods.

(2) "Unavailable" means dead or unable for physical, mental, or

legal reasons to exercise the powers and discharge the duties of

a legislator, whether or not the absence or inability would give

rise to a vacancy under existing constitutional or statutory

provisions.

Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.

Sec. 304.004. DESIGNATION OF EMERGENCY INTERIM SUCCESSORS. (a)

Each legislator shall designate not less than three nor more than

seven individuals to serve as emergency interim successors if the

legislator is certified to be unavailable to serve as provided by

this chapter. Each individual designated must meet age and

residence requirements for a senator or representative, as

applicable, and must submit a written acceptance to the

legislator.

(b) To be effective, a designation must include the name and

address of the designee.

office for the legislator's term, the legislator shall file a

list of the legislator's designees who have accepted the

designation, ranked in order of succession, together with the

written acceptance of each designee, with the secretary of the

senate or the chief clerk of the house of representatives, as

applicable. That officer shall promptly deliver a certified copy

of the list and of each acceptance to the secretary of state.

(d) At least annually, each legislator shall review the most

recent list of emergency interim successors to the position held

by the legislator to ensure that there are at least three

qualified emergency interim successors on the list. Each

legislator shall make revisions to the list as necessary and may

make other revisions the legislator considers appropriate. A

revision designating a new emergency interim successor must be

accompanied by the written acceptance of the designee. The

secretary of the senate or chief clerk of the house, as

applicable, shall promptly deliver a certified copy of each

revision and of any accompanying acceptance to the secretary of

state.

(e) If at any time a legislator has not designated emergency

interim successors as required by this section, the lieutenant

governor or speaker of the house, as appropriate, may designate

in order of succession not more than seven individuals to serve

as emergency interim successors if that legislator becomes

unavailable. Each individual designated must meet the applicable

age and residence requirements and submit a written acceptance of

the designation. The lieutenant governor or speaker shall file

the list and the written acceptances of the designees with the

secretary of the senate or the chief clerk of the house, as

applicable, who shall deliver a certified copy of the list and of

each acceptance to the secretary of state. At any time, the

legislator in the manner provided by this section may make

revisions to the list filed under this subsection or file a

superseding list of designees.

Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.

Amended by:

Acts 2005, 79th Leg., Ch.

297, Sec. 1, eff. September 1, 2005.

Sec. 304.005. WHEN DESIGNATION OR REVISION TAKES EFFECT. (a)

Each designation of an emergency interim successor becomes

effective when the individual making the designation files the

designation and the designee's written acceptance with the

appropriate senate or house officer under Section 304.004.

(b) The removal of an emergency interim successor from the list

or a change in the order of succession becomes effective when an

individual authorized to make the change files that information

with the appropriate senate or house officer under Section

304.004.

except that the home address and home telephone number of a

designee may be disclosed only if the designee, in a signed

writing filed with the secretary of the senate or chief clerk of

the house of representatives, as applicable, specifically states

that the information may be disclosed.

(d) A certified copy of a list of designated emergency interim

successors or of a revision of a list delivered to the secretary

of state under this chapter is for informational purposes only

unless the lieutenant governor or speaker of the house certifies

to the secretary of state that the applicable records of the

senate or house have been lost or destroyed or have become

unavailable in another manner, in which event the certified

records delivered to the secretary of state are treated as if

they are the original records.

Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.

Amended by:

Acts 2005, 79th Leg., Ch.

297, Sec. 2, eff. September 1, 2005.

Sec. 304.006. STATUS AND QUALIFICATIONS OF EMERGENCY INTERIM

SUCCESSORS. (a) An emergency interim successor is an individual

who is designated for possible temporary succession to the powers

and duties, but not the office, of a legislator.

(b) An individual may not be designated or serve as an emergency

interim successor unless that individual is legally qualified to

hold the office of the legislator to whose powers and duties the

individual is designated to succeed.

Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.

Sec. 304.007. OATH. When the designation of an emergency

interim successor becomes effective, the successor shall take the

oath required for the legislator to whose powers and duties the

successor is designated to succeed, and no other oath is

required.

Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.

Sec. 304.008. ASSUMPTION OF POWERS AND DUTIES. (a) If the

governor has declared an emergency due to enemy attack or the

immediate threat of enemy attack under Section 62, Article III,

Texas Constitution, and the lieutenant governor or speaker of the

house, as applicable, determines that a legislator is unavailable

to serve when the legislature has convened or will convene, the

lieutenant governor or speaker, as applicable, shall certify to

the secretary of state that the legislator is unavailable. If

the governor has declared an emergency due to enemy attack or the

immediate threat of enemy attack under Section 62, Article III,

Texas Constitution, and at the time and place the legislature is

scheduled to convene the lieutenant governor or speaker is absent

from the applicable house, a majority of the members of that

house who are present may determine that a member of that house

who is not present is unavailable and certify that determination

to the secretary of state.

(b) If a legislator is certified to be unavailable under

Subsection (a), the secretary of state shall notify the

legislator's emergency interim successor highest in order of

succession who is available that the emergency interim successor

is entitled to exercise the powers and duties of the legislator

who is unavailable. The secretary of state shall inform the

emergency interim successor of the date, time, and place at which

the legislature is meeting or will meet, as soon as that is

known. If the emergency interim successor declines to serve or

does not appear and begin to serve within a reasonable time as

determined by the lieutenant governor or speaker of the house, as

applicable, the secretary of state at the request of the

lieutenant governor or speaker shall notify the emergency interim

successor next in order of succession who is available that the

emergency interim successor is entitled to exercise the powers

and duties of the legislator who is unavailable.

and assume the duties of the legislator whom the individual

succeeds, except that the successor may not designate emergency

interim successors or make revisions to a designation.

(d) The emergency interim successor exercises those powers and

assumes those duties until the secretary of state notifies the

successor that the incumbent legislator, an emergency interim

successor higher in order of succession for the same position, or

a legislator elected to the same position and legally qualified

can act.

(e) Any dispute as to the qualification of an individual to

exercise the powers and assume the duties of a legislator under

this chapter shall be determined by the applicable house of the

legislature as provided by Section 8, Article III, Texas

Constitution.

Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.

Amended by:

Acts 2005, 79th Leg., Ch.

297, Sec. 3, eff. September 1, 2005.

Sec. 304.009. PRIVILEGES, IMMUNITIES, AND COMPENSATION. (a) An

emergency interim successor who exercises the powers and assumes

the duties of an unavailable legislator is entitled to the

privileges, immunities, compensation, and other allowances to

which a legislator is entitled.

(b) This section does not affect the privileges, immunities,

compensation, or other allowances to which an incumbent

legislator is entitled.

and duties of an unavailable legislator does not affect the

successor's entitlement to other compensation or benefits to

which the successor might otherwise be entitled. Section

812.203(a) does not apply to an individual serving as an

emergency interim successor under this chapter.

Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.

Amended by Acts 1989, 71st Leg., ch. 179, Sec. 2(h), eff. Sept.

1, 1989.

Amended by:

Acts 2005, 79th Leg., Ch.

297, Sec. 4, eff. September 1, 2005.

Sec. 304.010. DUTY TO REMAIN INFORMED. Each emergency interim

successor shall keep himself generally informed as to the duties,

procedures, practices, and current business of the legislature,

and each legislator shall assist his emergency interim successors

to keep themselves informed.

Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.

Sec. 304.011. QUORUM; VOTES. In the event of an attack, the

quorum requirements imposed on the legislature are suspended. If

the affirmative vote of a specified proportion of members is

required to approve a bill or resolution, the same proportion of

those present and voting on the bill or resolution is sufficient

for its passage.

Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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