Article III, Section 4 of the Texas Constitution ("Election and Term of Office of Representatives")
As amended November 2, 1999:
The members of the House of Representatives shall be chosen by the qualified voters for the term of two years. Representatives shall take office following their election, on the day set by law for the convening of the regular session of the Legislature, and shall serve thereafter for the full term of years to which elected.
Editor Comments
The Texas Attorney General, in Tex. Att'y Gen. Op. GA-6 (2002), opined that: "[T]he term of office of members of the legislature begins on the day the legislature convenes in January of odd-numbered years. The clear implication is that a member of the Seventy-seventh Legislature who was elected to the Seventy-eighth Legislature at the general election of November 2002 has a small 'window of opportunity' during which he or she may be appointed by the governor to an office or position that requires senate confirmation."
Recent Decisions
None.
Historic Decisions
- Kirk v. Gordon, 376 S.W.2d 560, 562 (Tex. 1964) ("The Constitution plainly says that the term of office of members of the House of Representatives shall be two years from the date of their election. We are not at liberty to say that that means two years from the date the Legislature, to which the member is elected, convenes. The fact that the district attorney has filed with us a copy of his resignation to become effective next November 1, which is before the general election, does not alter the situation. It is the fact that the term of office of district attorney to which he was elected conflicts with the term of office of members of the House of Representatives which controls.")
Library Resources
- Vernon's Annotated Constitution of the State of Texas (this multi-volume and up-to-date resource is available at all law libraries and many municipal libraries)
- The Texas State Constitution: A Reference Guide (this one-volume resource is available at most law libraries and some municipal libraries)
- The Constitution of the State of Texas: An Annotated and Comparative Analysis (this two-volume resource is available at most law libraries and some municipal libraries)
Online Resources
- Constitution of the State of Texas (1876) (this resource is published and maintained by the University of Texas School of Law)
- Amendments to the Texas Constitution Since 1876 (this resource is published and regularly updated by the Legislative Council)
- Reports Analyzing Proposed Amendments (this resource is published and regularly updated by the Legislative Reference Library)