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."