By Sadler H.J.R. No. 116 74R6294 JRD-D A JOINT RESOLUTION 1-1 proposing a constitutional amendment relating to allowing state 1-2 employees and certain others receiving compensation from the state 1-3 to receive a per diem for service on the governing body of a local 1-4 government. 1-5 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. Section 40, Article 16, Texas Constitution, is 1-7 amended to read as follows: 1-8 Sec. 40. No person shall hold or exercise at the same time, 1-9 more than one civil office of emolument, except that of Justice of 1-10 the Peace, County Commissioner, Notary Public and Postmaster, 1-11 Officer of the National Guard, the National Guard Reserve, and the 1-12 Officers Reserve Corps of the United States and enlisted men of the 1-13 National Guard, the National Guard Reserve, and the Organized 1-14 Reserves of the United States, and retired officers of the United 1-15 States Army, Air Force, Navy, Marine Corps, and Coast Guard, and 1-16 retired warrant officers, and retired enlisted men of the United 1-17 States Army, Air Force, Navy, Marine Corps, and Coast Guard, and 1-18 the officers and directors of soil and water conservation 1-19 districts, unless otherwise specially provided herein. Provided, 1-20 that nothing in this Constitution shall be construed to prohibit an 1-21 officer or enlisted man of the National Guard, and the National 1-22 Guard Reserve, or an officer in the Officers Reserve Corps of the 1-23 United States, or an enlisted man in the Organized Reserves of the 1-24 United States, or retired officers of the United States Army, Air 2-1 Force, Navy, Marine Corps, and Coast Guard, and retired warrant 2-2 officers, and retired enlisted men of the United States Army, Air 2-3 Force, Navy, Marine Corps, and Coast Guard, and officers of the 2-4 State soil and water conservation districts, from holding at the 2-5 same time any other office or position of honor, trust or profit, 2-6 under this State or the United States, or from voting at any 2-7 election, general, special or primary in this State when otherwise 2-8 qualified. State employees or other individuals who receive all or 2-9 part of their compensation either directly or indirectly from funds 2-10 of the State of Texas and who are not State officers, shall not be 2-11 barred from serving as members of the governing bodies of school 2-12 districts, cities, towns, or other local governmental districts; 2-13 provided, however, that such State employees or other individuals 2-14 shall receive no salary other than an expense or compensatory per 2-15 diem for serving as members of such governing bodies. It is 2-16 further provided that a nonelective State officer may hold other 2-17 nonelective offices under the State or the United States, if the 2-18 other office is of benefit to the State of Texas or is required by 2-19 the State or Federal law, and there is no conflict with the 2-20 original office for which he receives salary or compensation. No 2-21 member of the Legislature of this State may hold any other office 2-22 or position of profit under this State, or the United States, 2-23 except as a notary public if qualified by law. 2-24 SECTION 2. This proposed constitutional amendment shall be 2-25 submitted to the voters at an election to be held November 7, 1995. 2-26 The ballot shall be printed to permit voting for or against the 2-27 proposition: "The constitutional amendment allowing state 3-1 employees and other persons such as school teachers who directly or 3-2 indirectly receive part of their compensation from the state to 3-3 receive the per diem, if any, that is normally paid for service on 3-4 the governing body of a local government."