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."