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."