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Senate committee adopts amendment and advances HB 1395 to clarify who may hold civil and elected offices
Summary
The Senate City, County & Local Affairs Committee adopted an amendment to House Bill 1395 and passed the bill as amended; sponsors said the change clarifies how a constitutional amendment adopted in 2018 affects eligibility for civil office and elected posts, protecting people already serving before the change.
Senator Ballinger asked the City, County & Local Affairs Committee to adopt an amendment to House Bill 1395 and the panel approved it by voice vote before passing the bill as amended out of committee.
Ballinger told the committee the amendment is meant to resolve confusion created by a constitutional change passed by the legislature in February 2015 and approved by voters in February 2018 that created four-year terms and added a prohibition related to serving in a "civil office." She said the amendment clarifies that people who were serving in a civil office before the constitutional change may continue to serve or run for other offices.
"It makes it real clear that if you are... serving prior to February, then you have no obligation to... you can continue to serve regardless of which office you held first," Ballinger said, summarizing the amendment's effect.
A committee member raised concerns that the amendment and prior court decisions could narrow the pool of eligible volunteers for small local boards, naming conservation districts and levy improvement districts as examples. Ballinger responded that courts have already adjudicated some of those posts as civil offices and that the amendment does not alter those court rulings; rather, she said, it provides clarity so local officials and potential candidates know whether they may continue to serve or seek elected office.
The committee moved, seconded, and adopted the amendment by voice vote, then moved and passed HB 1395 as amended by voice vote. The transcript records only voice votes (“Aye”); the committee did not conduct a roll-call vote in the excerpts provided.
The committee did not list any public comments on the bill during the hearing. The bill now moves forward from committee; further action (floor consideration, enrollment, or other steps) was not specified in the transcript.
