1-1     By:  Duncan                                           S.B. No. 1173

 1-2           (In the Senate - Filed March 11, 1997; March 17, 1997, read

 1-3     first time and referred to Committee on Jurisprudence;

 1-4     April 4, 1997, reported adversely, with favorable Committee

 1-5     Substitute by the following vote:  Yeas 7, Nays 0; April 4, 1997,

 1-6     sent to printer.)

 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 1173                  By:  Duncan

 1-8                            A BILL TO BE ENTITLED

 1-9                                   AN ACT

1-10     relating to holding at the same time more than one office of

1-11     municipal judge filled by appointment.

1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-13           SECTION 1.  Section 574.001, Government Code, is amended to

1-14     read as follows:

1-15           Sec. 574.001.  FINDING OF CONSTITUTIONAL COMPLIANCE.  (a)  A

1-16     nonelective state officer may not accept an offer to serve in

1-17     another nonelective office unless the officer obtains from the

1-18     governing body or, if there is not a governing body, the executive

1-19     head of the agency, division, department, or institution with which

1-20     the officer is associated a finding that the officer has satisfied

1-21     Article XVI, Section 40, of the Texas Constitution.

1-22           (b)  A person may hold the office of municipal judge for more

1-23     than one municipality at the same time if each office is filled by

1-24     appointment.  The holding of these offices at the same time is of

1-25     benefit to this state.

1-26           SECTION 2.  The importance of this legislation and the

1-27     crowded condition of the calendars in both houses create an

1-28     emergency and an imperative public necessity that the

1-29     constitutional rule requiring bills to be read on three several

1-30     days in each house be suspended, and this rule is hereby suspended,

1-31     and that this Act take effect and be in force from and after its

1-32     passage, and it is so enacted.

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