1-1 By: Duncan S.J.R. No. 36 1-2 (In the Senate - Filed March 11, 1997; March 13, 1997, read 1-3 first time and referred to Committee on Jurisprudence; 1-4 April 4, 1997, reported adversely, with favorable Committee 1-5 Substitute by the following vote: Yeas 7, Nays 0; April 4, 1997, 1-6 sent to printer.) 1-7 COMMITTEE SUBSTITUTE FOR S.J.R. No. 36 By: Duncan 1-8 SENATE JOINT RESOLUTION 1-9 proposing a constitutional amendment to allow a person who holds 1-10 the office of municipal court judge to hold more than one civil 1-11 office of emolument at the same time. 1-12 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-13 SECTION 1. Section 40, Article XVI, Texas Constitution, is 1-14 amended to read as follows: 1-15 Sec. 40. No person shall hold or exercise at the same time, 1-16 more than one civil office of emolument, except that of Justice of 1-17 the Peace, Municipal Court Judge, County Commissioner, Notary 1-18 Public and Postmaster, Officer of the National Guard, the National 1-19 Guard Reserve, and the Officers Reserve Corps of the United States 1-20 and enlisted men of the National Guard, the National Guard Reserve, 1-21 and the Organized Reserves of the United States, and retired 1-22 officers of the United States Army, Air Force, Navy, Marine Corps, 1-23 and Coast Guard, and retired warrant officers, and retired enlisted 1-24 men of the United States Army, Air Force, Navy, Marine Corps, and 1-25 Coast Guard, and the officers and directors of soil and water 1-26 conservation districts, unless otherwise specially provided herein. 1-27 Provided, that nothing in this Constitution shall be construed to 1-28 prohibit an officer or enlisted man of the National Guard, and the 1-29 National Guard Reserve, or an officer in the Officers Reserve Corps 1-30 of the United States, or an enlisted man in the Organized Reserves 1-31 of the United States, or retired officers of the United States 1-32 Army, Air Force, Navy, Marine Corps, and Coast Guard, and retired 1-33 warrant officers, and retired enlisted men of the United States 1-34 Army, Air Force, Navy, Marine Corps, and Coast Guard, and officers 1-35 of the State soil and water conservation districts, from holding at 1-36 the same time any other office or position of honor, trust or 1-37 profit, under this State or the United States, or from voting at 1-38 any election, general, special or primary in this State when 1-39 otherwise qualified. State employees or other individuals who 1-40 receive all or part of their compensation either directly or 1-41 indirectly from funds of the State of Texas and who are not State 1-42 officers, shall not be barred from serving as members of the 1-43 governing bodies of school districts, cities, towns, or other local 1-44 governmental districts; provided, however, that such State 1-45 employees or other individuals shall receive no salary for serving 1-46 as members of such governing bodies. It is further provided that a 1-47 nonelective State officer may hold other nonelective offices under 1-48 the State or the United States, if the other office is of benefit 1-49 to the State of Texas or is required by the State or Federal law, 1-50 and there is no conflict with the original office for which he 1-51 receives salary or compensation. No member of the Legislature of 1-52 this State may hold any other office or position of profit under 1-53 this State, or the United States, except as a notary public if 1-54 qualified by law. 1-55 SECTION 2. This proposed constitutional amendment shall be 1-56 submitted to the voters at an election to be held on November 4, 1-57 1997. The ballot shall be printed to provide for voting for or 1-58 against the proposition: "The constitutional amendment to allow a 1-59 person who holds the office of municipal court judge to hold at the 1-60 same time more than one civil office for which the person receives 1-61 compensation." 1-62 * * * * *