BILL ANALYSIS S.J.R. 39 By: Madla Education 04-27-95 Committee Report (Amended) BACKGROUND In 1967, the Texas Legislature enacted H.J.R. 27 which was introduced to allow non-elective state officers and employees to hold other non-elective offices and positions if there was no conflict of interest and the state could benefit. The legislature felt the state could benefit by allowing individuals to serve on several non-elected boards. However, in this same amendment a provision was included that prohibited any member of the legislature from holding another office or position in Texas or the United States. As a result, legislators have been constitutionally barred from teaching in either the Texas public school system or the Texas higher education system. Qualified teachers have been forced to resign from their teaching positions when they have been elected into office, and members of the legislature have also been prohibited from teaching students in the public educational systems. PURPOSE As proposed, S.J.R. 39 requires the submission to the voters of a constitutional amendment to allow a public school teacher or faculty member of a public institution of higher education to serve as a member of the legislature. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 40, Article XVI, Texas Constitution, as follows: (a) and (b) Created from existing text. (c) Makes conforming changes. (d) Prohibits a member of the legislature of this state from holding any other office or position of profit under this state, the United States, except as a notary public, a public school teacher, or a professor, instructor, or other faculty member at a public institution of higher education. (e) Authorizes the member to elect to receive either the salary authorized by Section 24(a), Article III, of this constitution for services as a member of the legislature or the compensation provided for service in the position of profit described by Subsection (d)(2) or (d)(3), but may not receive both, for any period during which a member of the legislature also holds a position of profit described by Subsection (d)(2) or (d)(3) of this section. SECTION 2. Requires this constitutional amendment to be submitted to the voters on an election to be held November 7, 1995. Sets forth the required language for the ballot.