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."
2-10 * * * * *