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."

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