1-1  By:  Madla                                            S.J.R. No. 39
    1-2        (In the Senate - Filed February 21, 1995; February 22, 1995,
    1-3  read first time and referred to Committee on Education;
    1-4  April 26, 1995, reported favorably, as amended, by the following
    1-5  vote:  Yeas 8, Nays 0; April 26, 1995, sent to printer.)
    1-6  COMMITTEE AMENDMENT NO. 1                           By:  Barrientos
    1-7  Amend S.J.R. No. 39 by inserting the following at the end of
    1-8  proposed Section 40, Article XVI, Texas Constitution (page 3,
    1-9  between lines 1 and 2, introduced version; committee printing page
   1-10  2, between lines 4 and 5:
   1-11        (e)  For any period during which a member of the Legislature
   1-12  also holds a position of profit described by Subsection (d)(2) or
   1-13  (d)(3) of this section, the member may elect to receive either the
   1-14  salary authorized by Article III, Section 24(a), of this
   1-15  Constitution for services as a member of the Legislature or the
   1-16  compensation provided for service in the position of profit
   1-17  described by Subsection (d)(2) or (d)(3) of this section, but may
   1-18  not receive both.
   1-19                        SENATE JOINT RESOLUTION
   1-20  proposing a constitutional amendment to allow a public school
   1-21  teacher or faculty member of a public institution of higher
   1-22  education to serve as a member of the legislature.
   1-23        BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-24        SECTION 1.  Section 40, Article XVI, Texas Constitution, is
   1-25  amended to read as follows:
   1-26        Sec. 40.  (a)  No person shall hold or exercise at the same
   1-27  time, more than one civil office of emolument, except that of
   1-28  Justice of the Peace, County Commissioner, Notary Public and
   1-29  Postmaster, Officer of the National Guard, the National Guard
   1-30  Reserve, and the Officers Reserve Corps of the United States and
   1-31  enlisted men of the National Guard, the National Guard Reserve, and
   1-32  the Organized Reserves of the United States, and retired officers
   1-33  of the United States Army, Air Force, Navy, Marine Corps, and Coast
   1-34  Guard, and retired warrant officers, and retired enlisted men of
   1-35  the United States Army, Air Force, Navy, Marine Corps, and Coast
   1-36  Guard, and the officers and directors of soil and water
   1-37  conservation districts, unless otherwise specially provided herein.
   1-38  Provided, that nothing in this Constitution shall be construed to
   1-39  prohibit an officer or enlisted man of the National Guard, and the
   1-40  National Guard Reserve, or an officer in the Officers Reserve Corps
   1-41  of the United States, or an enlisted man in the Organized Reserves
   1-42  of the United States, or retired officers of the United States
   1-43  Army, Air Force, Navy, Marine Corps, and Coast Guard, and retired
   1-44  warrant officers, and retired enlisted men of the United States
   1-45  Army, Air Force, Navy, Marine Corps, and Coast Guard, and officers
   1-46  of the State soil and water conservation districts, from holding at
   1-47  the same time any other office or position of honor, trust or
   1-48  profit, under this State or the United States, or from voting at
   1-49  any election, general, special or primary in this State when
   1-50  otherwise qualified.
   1-51        (b)  State employees or other individuals who receive all or
   1-52  part of their compensation either directly or indirectly from funds
   1-53  of the State of Texas and who are not State officers, shall not be
   1-54  barred from serving as members of the governing bodies of school
   1-55  districts, cities, towns, or other local governmental districts;
   1-56  provided, however, that such State employees or other individuals
   1-57  shall receive no salary for serving as members of such governing
   1-58  bodies.
   1-59        (c)  A <It is further provided that a> nonelective State
   1-60  officer may hold other nonelective offices under the State or the
   1-61  United States, if the other office is of benefit to the State of
   1-62  Texas or is required by the State or Federal law, and there is no
   1-63  conflict with the original office for which he receives salary or
   1-64  compensation.
   1-65        (d)  A <No> member of the Legislature of this State may not
   1-66  hold any other office or position of profit under this State, or
   1-67  the United States, except as:
   1-68              (1)  a notary public if qualified by law;
    2-1              (2)  a public school teacher; or
    2-2              (3)  a professor, instructor, or other faculty member
    2-3  at a public institution of higher education.
    2-4        SECTION 2.  This proposed constitutional amendment shall be
    2-5  submitted to the voters at an election to be held November 7, 1995.
    2-6  The ballot shall be printed to permit voting for or against the
    2-7  proposition:  "The constitutional amendment to allow a public
    2-8  school teacher or faculty member at a public institution of higher
    2-9  education to serve in the legislature."
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