SENATE 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, County Commissioner, Notary Public and Postmaster,

1-10     Officer of the National Guard, the National Guard Reserve, and the

1-11     Officers Reserve Corps of the United States and enlisted men of the

1-12     National Guard, the National Guard Reserve, and the Organized

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

1-14     States Army, Air Force, Navy, Marine Corps, and Coast Guard, and

1-15     retired warrant officers, and retired enlisted men of the United

1-16     States Army, Air Force, Navy, Marine Corps, and Coast Guard, and

1-17     the officers and directors of soil and water conservation

1-18     districts, unless otherwise specially provided herein.  Provided,

1-19     that nothing in this Constitution shall be construed to prohibit an

1-20     officer or enlisted man of the National Guard, and the National

1-21     Guard Reserve, or an officer in the Officers Reserve Corps of the

1-22     United States, or an enlisted man in the Organized Reserves of the

1-23     United States, or retired officers of the United States Army, Air

 2-1     Force, Navy, Marine Corps, and Coast Guard, and retired warrant

 2-2     officers, and retired enlisted men of the United States Army, Air

 2-3     Force, Navy, Marine Corps, and Coast Guard, and officers of the

 2-4     State soil and water conservation districts, from holding at the

 2-5     same time any other office or position of honor, trust or profit,

 2-6     under this State or the United States, or from voting at any

 2-7     election, general, special or primary in this State when otherwise

 2-8     qualified.  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.  A person may hold the position of Municipal Court Judge in

2-16     more than one municipality.  It is further provided that a

2-17     nonelective State officer may hold other nonelective offices under

2-18     the State or the United States, if the other office is of benefit

2-19     to the State of Texas or is required by the State or Federal law,

2-20     and there is no conflict with the original office for which he

2-21     receives salary or compensation.  No member of the Legislature of

2-22     this State may hold any other office or position of profit under

2-23     this State, or the United States, except as a notary public if

2-24     qualified by law.

2-25           SECTION 2.  This proposed constitutional amendment shall be

 3-1     submitted to the voters at an election to be held on November 4,

 3-2     1997.  The ballot shall be printed to provide for voting for or

 3-3     against the proposition:  "The constitutional amendment to allow a

 3-4     person who holds the office of municipal court judge to hold at the

 3-5     same time more than one civil office for which the person receives

 3-6     compensation."

         _______________________________     _______________________________

             President of the Senate              Speaker of the House

               I hereby certify that S.J.R. No. 36 was adopted by the Senate

         on April 9, 1997, by the following vote:  Yeas 31, Nays 0; and that

         the Senate concurred in House amendment on April 23, 1997, by the

         following vote:  Yeas 31, Nays 0.

                                             _______________________________

                                                 Secretary of the Senate

               I hereby certify that S.J.R. No. 36 was adopted by the House,

         with amendment, on April 21, 1997, by the following vote:

         Yeas 120, Nays 16, one present not voting.

                                             _______________________________

                                                 Chief Clerk of the House