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."