By: Duncan S.J.R. No. 36 97S0771/1 SENATE JOINT RESOLUTION 1-1 proposing a constitutional amendment to allow municipal court 1-2 judges to hold more than one civil office of emolument. 1-3 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Section 40, Article XVI, Texas Constitution, is 1-5 amended to read as follows: 1-6 Sec. 40. No person shall hold or exercise at the same time, 1-7 more than one civil office of emolument, except that of Justice of 1-8 the Peace, County Commissioner, Judge of a Municipal Court, Notary 1-9 Public and Postmaster, Officer of the National Guard, the National 1-10 Guard Reserve, and the Officers Reserve Corps of the United States 1-11 and enlisted men of the National Guard, the National Guard Reserve, 1-12 and the Organized Reserves of the United States, and retired 1-13 officers of the United States Army, Air Force, Navy, Marine Corps, 1-14 and Coast Guard, and retired warrant officers, and retired enlisted 1-15 men of the United States Army, Air Force, Navy, Marine Corps, and 1-16 Coast Guard, and the officers and directors of soil and water 1-17 conservation districts, unless otherwise specially provided herein. 1-18 Provided, that nothing in this Constitution shall be construed to 1-19 prohibit an officer or enlisted man of the National Guard, and the 1-20 National Guard Reserve, or an officer in the Officers Reserve Corps 1-21 of the United States, or an enlisted man in the Organized Reserves 1-22 of the United States, or retired officers of the United States 1-23 Army, Air Force, Navy, Marine Corps, and Coast Guard, and retired 1-24 warrant officers, and retired enlisted men of the United States 2-1 Army, Air Force, Navy, Marine Corps, and Coast Guard, and officers 2-2 of the State soil and water conservation districts, from holding at 2-3 the same time any other office or position of honor, trust or 2-4 profit, under this State or the United States, or from voting at 2-5 any election, general, special or primary in this State when 2-6 otherwise qualified. State employees or other individuals who 2-7 receive all or part of their compensation either directly or 2-8 indirectly from funds of the State of Texas and who are not State 2-9 officers, shall not be barred from serving as members of the 2-10 governing bodies of school districts, cities, towns, or other local 2-11 governmental districts; provided, however, that such State 2-12 employees or other individuals shall receive no salary for serving 2-13 as members of such governing bodies. It is further provided that a 2-14 nonelective State officer may hold other nonelective offices under 2-15 the State or the United States, if the other office is of benefit 2-16 to the State of Texas or is required by the State or Federal law, 2-17 and there is no conflict with the original office for which he 2-18 receives salary or compensation. No member of the Legislature of 2-19 this State may hold any other office or position of profit under 2-20 this State, or the United States, except as a notary public if 2-21 qualified by law. 2-22 SECTION 2. This proposed constitutional amendment shall be 2-23 submitted to the voters at an election to be held on November 4, 2-24 1997. The ballot shall be printed to permit voting for or against 2-25 the proposition: "The constitutional amendment to allow municipal 3-1 court judges to hold more than one civil office of emolument."