SRC-PNG C.S.S.J.R. 41 76(R)BILL ANALYSIS


Senate Research CenterC.S.S.J.R. 41
By: Madla
State Affairs
4/9/1999
Committee Report (Substituted)


DIGEST 

Currently, neither public school teachers nor faculty members at a public
institution of higher education may serve in the state legislature.   This
resolution would require the submission to the voters of a constitutional
amendment to authorize a public school teacher or faculty member at a
public institution of higher education to serve in the state legislature. 

PURPOSE

As proposed, C.S.S.J.R. 41 requires the submission to the voters of a
constitutional amendment to authorize a public school teacher or faculty
member at a public institution of higher education to serve in the state
legislature. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 40, Article XVI, Texas Constitution, to prohibit
a member of the state legislature from holding any other office or position
of profit under this state, or the United States, except as a notary
public, school teacher, or professor, instructor, or other faculty member
at a public institution of higher education.  Authorizes a member to elect
to receive either the salary authorized by Section 24(a), Article III of
this Constitution for services as a member of the legislature or the
compensation provided for service in the position of profit described by
Subsection (d)(2) or (d)(3) of this section, but may not receive both, for
any period during which a member of the legislature also holds a position
of profit described by Subsection (d)(2) or (d)(3) of this section. 

SECTION 2. Requires this proposed constitutional amendment to be submitted
to the voters at an election to be held November 2, 1999.  Sets forth the
required language for the ballot. 

SUMMARY OF COMMITTEE CHANGES

Relating clause.

Amends the relating clause to propose a constitutional amendment to permit,
rather than allow, a public school teacher or faculty member of a public
institution of higher education to serve as a member of the legislature. 

SECTION 1.

Amends Section 40(e), Article XVI, Texas Constitution, to make
nonsubstantive changes. 

SECTION 2.

Amends SECTION 2 to make conforming changes to the required language for
the ballot.