By Clark                                              H.J.R. No. 87

         75R7075 SAW-F                           

                                 A JOINT RESOLUTION

 1-1     proposing a constitutional amendment to allow a person who holds

 1-2     the office of municipal court judge to hold more than one civil

 1-3     office of emolument at the same time.

 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.  No person shall hold or exercise at the same time,

 1-8     more than one civil office of emolument, except that of Justice of

 1-9     the Peace, Municipal Court Judge, County Commissioner, Notary

1-10     Public and Postmaster, Officer of the National Guard, the National

1-11     Guard Reserve, and the Officers Reserve Corps of the United States

1-12     and enlisted men of the National Guard, the National Guard Reserve,

1-13     and the Organized Reserves of the United States, and retired

1-14     officers of the United States Army, Air Force, Navy, Marine Corps,

1-15     and Coast Guard, and retired warrant officers, and retired enlisted

1-16     men of the United States Army, Air Force, Navy, Marine Corps, and

1-17     Coast 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.  State employees or other individuals who

 2-8     receive all or part of their compensation either directly or

 2-9     indirectly from funds of the State of Texas and who are not State

2-10     officers, shall not be barred from serving as members of the

2-11     governing bodies of school districts, cities, towns, or other local

2-12     governmental districts;  provided, however, that such State

2-13     employees or other individuals shall receive no salary for serving

2-14     as members of such governing bodies.  It is further provided that a

2-15     nonelective State officer may hold other nonelective offices under

2-16     the State or the United States, if the other office is of benefit

2-17     to the State of Texas or is required by the State or Federal law,

2-18     and there is no conflict with the original office for which he

2-19     receives salary or compensation.  No member of the Legislature of

2-20     this State may hold any other office or position of profit under

2-21     this State, or the United States, except as a notary public if

2-22     qualified by law.

2-23           SECTION 2.  This proposed constitutional amendment shall be

2-24     submitted to the voters at an election to be held on November 4,

2-25     1997.  The ballot shall be printed to provide for voting for or

2-26     against the proposition:  "The constitutional amendment to allow a

2-27     person who holds the office of municipal court judge to hold at the

 3-1     same time more than one civil office for which the person receives

 3-2     compensation."