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.