GOVERNMENT CODE
CHAPTER 304. EMERGENCY INTERIM LEGISLATIVE SUCCESSION
§ 304.001. SHORT TITLE. This chapter may be cited as
the Emergency Interim Legislative Succession Act.
Acts 1985, 69th Leg., ch. 479, § 1, eff. Sept. 1, 1985.
§ 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, § 1, eff. Sept. 1, 1985.
§ 304.003. DESIGNATION OF EMERGENCY INTERIM SUCCESSORS
BY EMPLOYEES RETIREMENT SYSTEM OF TEXAS. (a) For the purpose of
designating emergency interim successors to legislators, the
executive director of the Employees Retirement System of Texas
shall:
(1) submit to the lieutenant governor, if possible,
the names of not less than three nor more than seven individuals
residing in each state senatorial district who:
(A) are members or retirees of the Employees
Retirement System of Texas; and
(B) previously served as senators in the Texas
Senate; and
(2) submit to the speaker of the house of
representatives, if possible, the names of not less than three nor
more than seven individuals residing in each state representative
district who:
(A) are members or retirees of the Employees
Retirement System of Texas; and
(B) previously served as representatives in the
Texas House of Representatives.
(b) If the executive director of the Employees Retirement
System of Texas submits less than seven names for a senatorial or
representative district, the secretary of the senate or the chief
clerk of the house shall submit to the lieutenant governor or the
speaker, as appropriate, the names of former members living in the
district. The lieutenant governor or the speaker shall rank the
individuals for each district according to years of service in the
legislature and shall add the names of individuals with the most
service to the list so that seven individuals are designated, if
possible.
(c) The list prepared for each senatorial and
representative district shall rank the designees in descending
order according to the number of years served in one house.
(d) The lieutenant governor and the speaker of the house
shall ask each designee on their respective lists if that
individual is willing to serve as an emergency interim successor if
the legislator representing the district in which that individual
resides becomes unavailable to serve as provided by this chapter.
If an individual is eligible to be included on both a senate and
house of representatives list, the individual must choose one list
on which the individual's name will remain.
(e) If an individual agrees to serve, he must submit a
written acceptance to the lieutenant governor or speaker of the
house, as appropriate.
(f) The lieutenant governor and the speaker of the house
shall submit to the secretary of state a list for each district in
the order provided by Subsection (c) of individuals who have agreed
to serve as emergency interim successors.
(g) Annually, the executive director of the Employees
Retirement System of Texas, in cooperation with the secretary of
the senate and the chief clerk of the house of representatives,
shall review the lists submitted to the secretary of state to ensure
that there are at least seven qualified emergency interim
successors for each legislator, if possible. If revisions are
necessary because of the death of a member or retiree of the system,
because the member or retiree no longer resides in the district he
was designated to represent, or because of the addition of more
names, the executive director shall submit the revisions to the
lieutenant governor or speaker of the house, as appropriate. The
lieutenant governor and speaker of the house shall contact the new
designees and, after receiving their written acceptance, shall
submit the revisions to the secretary of state.
Acts 1985, 69th Leg., ch. 479, § 1, eff. Sept. 1, 1985.
§ 304.004. DESIGNATION OF EMERGENCY INTERIM SUCCESSORS
BY LEGISLATOR: ALTERNATE LIST. (a) A list prepared for a
district under this section is an alternate list to be used only if
there are no designees on the list prepared under Section 304.003 or
if those designees are unavailable.
(b) For the purpose of designating emergency interim
successors, each legislator shall designate not less than three nor
more than seven individuals to serve as emergency interim
successors if the legislator becomes unavailable to serve as
provided by this chapter. Each individual designated must be from
the same political party as that legislator, must meet age and
residence requirements for a senator or representative, as
applicable, and must submit a written acceptance to the legislator.
(c) Each legislator shall submit a list of designees who
have accepted, ranked in order of succession, to the secretary of
state.
(d) Annually, each legislator shall review the lists
submitted by the legislator to the secretary of state to ensure that
there are at least three qualified emergency interim successors.
Each legislator shall make revisions to the list as necessary.
(e) If a legislator fails to designate emergency interim
successors as required by this section, the lieutenant governor or
speaker of the house, as appropriate, shall designate in order of
succession not less than three nor more than seven individuals to
serve as emergency interim successors if that legislator becomes
unavailable and shall submit the list to the secretary of state.
Acts 1985, 69th Leg., ch. 479, § 1, eff. Sept. 1, 1985.
§ 304.005. RECORDING. (a) Each designation of
emergency interim successors becomes effective when the individual
making the designation files the successor's name, address, and
written acceptance with the secretary of state.
(b) The removal of an emergency interim successor or a
change in the order of succession becomes effective when an
individual authorized to make the change files that information
with the secretary of state.
(c) Information filed under this section is public
information.
Acts 1985, 69th Leg., ch. 479, § 1, eff. Sept. 1, 1985.
§ 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, § 1, eff. Sept. 1, 1985.
§ 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, § 1, eff. Sept. 1, 1985.
§ 304.008. ASSUMPTION OF POWERS AND DUTIES. (a) If in
the event of attack a legislator is unavailable, the secretary of
state shall notify the legislator's emergency interim successor
highest in order of succession who is available. The secretary of
state shall inform each emergency interim successor of the place at
which the legislature will meet, as soon as that is known, and shall
also inform each successor of the date and time at which each must
appear.
(b) The emergency interim successor shall exercise the
powers and assume the duties of the legislator whom he succeeds,
except that the successor may not designate emergency interim
successors for himself.
(c) 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, or a legislator elected
and legally qualified can act.
Acts 1985, 69th Leg., ch. 479, § 1, eff. Sept. 1, 1985.
§ 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.
(c) An emergency interim successor's performance of the
powers 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(d) does
not apply to an individual serving as an emergency interim
successor under this chapter.
Acts 1985, 69th Leg., ch. 479, § 1, eff. Sept. 1, 1985. Amended
by Acts 1989, 71st Leg., ch. 179, § 2(h), eff. Sept. 1, 1989.
§ 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, § 1, eff. Sept. 1, 1985.
§ 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, § 1, eff. Sept. 1, 1985.
