By Madla S.J.R. No. 39
74R5601 JSA-D
A JOINT RESOLUTION
1-1 proposing a constitutional amendment to allow a public school
1-2 teacher or faculty member of a public institution of higher
1-3 education to serve as a member of the legislature.
1-4 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 40, Article XVI, Texas Constitution, is
1-6 amended to read as follows:
1-7 Sec. 40. (a) No person shall hold or exercise at the same
1-8 time, more than one civil office of emolument, except that of
1-9 Justice of the Peace, County Commissioner, Notary Public and
1-10 Postmaster, Officer of the National Guard, the National Guard
1-11 Reserve, and the Officers Reserve Corps of the United States and
1-12 enlisted men of the National Guard, the National Guard Reserve, and
1-13 the Organized Reserves of the United States, and retired officers
1-14 of the United States Army, Air Force, Navy, Marine Corps, and Coast
1-15 Guard, and retired warrant officers, and retired enlisted men of
1-16 the United States Army, Air Force, Navy, Marine Corps, and Coast
1-17 Guard, and the officers and directors of soil and water
1-18 conservation districts, unless otherwise specially provided herein.
1-19 Provided, that nothing in this Constitution shall be construed to
1-20 prohibit an officer or enlisted man of the National Guard, and the
1-21 National Guard Reserve, or an officer in the Officers Reserve Corps
1-22 of the United States, or an enlisted man in the Organized Reserves
1-23 of the United States, or retired officers of the United States
1-24 Army, Air Force, Navy, Marine Corps, and Coast Guard, and retired
2-1 warrant officers, and retired enlisted men of the United States
2-2 Army, Air Force, Navy, Marine Corps, and Coast Guard, and officers
2-3 of the State soil and water conservation districts, from holding at
2-4 the same time any other office or position of honor, trust or
2-5 profit, under this State or the United States, or from voting at
2-6 any election, general, special or primary in this State when
2-7 otherwise qualified.
2-8 (b) 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 for serving as members of such governing
2-15 bodies.
2-16 (c) A <It is further provided that a> nonelective State
2-17 officer may hold other nonelective offices under the State or the
2-18 United States, if the other office is of benefit to the State of
2-19 Texas or is required by the State or Federal law, and there is no
2-20 conflict with the original office for which he receives salary or
2-21 compensation.
2-22 (d) A <No> member of the Legislature of this State may not
2-23 hold any other office or position of profit under this State, or
2-24 the United States, except as:
2-25 (1) a notary public if qualified by law;
2-26 (2) a public school teacher; or
2-27 (3) a professor, instructor, or other faculty member
3-1 at a public institution of higher education.
3-2 SECTION 2. This proposed constitutional amendment shall be
3-3 submitted to the voters at an election to be held November 7, 1995.
3-4 The ballot shall be printed to permit voting for or against the
3-5 proposition: "The constitutional amendment to allow a public
3-6 school teacher or faculty member at a public institution of higher
3-7 education to serve in the legislature."