By:  Duncan                                           S.J.R. No. 36

                               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, 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

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

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

 2-3     Army, Air Force, Navy, Marine Corps, and Coast Guard, and officers

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

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

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

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

 2-8     otherwise qualified.  State employees or other individuals who

 2-9     receive all or part of their compensation either directly or

2-10     indirectly from funds of the State of Texas and who are not State

2-11     officers, shall not be barred from serving as members of the

2-12     governing bodies of school districts, cities, towns, or other local

2-13     governmental districts; provided, however, that such State

2-14     employees or other individuals shall receive no salary for serving

2-15     as members of such governing bodies.  It is further provided that a

2-16     nonelective State officer may hold other nonelective offices under

2-17     the State or the United States, if the other office is of benefit

2-18     to the State of Texas or is required by the State or Federal law,

2-19     and there is no conflict with the original office for which he

2-20     receives salary or compensation.  No member of the Legislature of

2-21     this State may hold any other office or position of profit under

2-22     this State, or the United States, except as a notary public if

2-23     qualified by law.

2-24           SECTION 2.  This proposed constitutional amendment shall be

2-25     submitted to the voters at an election to be held on November 4,

 3-1     1997.  The ballot shall be printed to provide for voting for or

 3-2     against the proposition:  "The constitutional amendment to allow a

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

 3-4     same time more than one civil office for which the person receives

 3-5     compensation."