By Krusee                                             H.J.R. No. 77
         Line and page numbers may not match official copy.
         Bill not drafted by TLC or Senate E&E.
                                 A JOINT RESOLUTION
 1-1     proposing a constitutional amendment relating to compensation for
 1-2     state employees serving as members of local governing boards.
 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, Notary Public and Postmaster,
 1-9     Officer of the National Guard, the National Guard Reserve, and the
1-10     Officers Reserve Corps of the United States and enlisted men of the
1-11     National Guard, the National Guard Reserve, and the Organized
1-12     Reserves of the United States, and retired officers of the United
1-13     States Army, Air Force, Navy, Marine Corps, and Coast Guard, and
1-14     retired warrant officers, and retired enlisted men of the United
1-15     States Army, Air Force, Navy, Marine Corps, and Coast Guard, and
1-16     the officers and directors of soil and water conservation
1-17     districts, unless otherwise specially provided herein.  Provided,
1-18     that nothing in this Constitution shall be construed to prohibit an
1-19     officer or enlisted man of the National Guard, and the National
1-20     Guard Reserve, or an officer in the Officers Reserve Corps of the
1-21     United States, or an enlisted man in the Organized Reserves of the
 2-1     United States, or retired officers of the United States Army, Air
 2-2     Force, Navy, Marine Corps, and Coast Guard, and retired warrant
 2-3     officers, and retired enlisted men of the United States Army, Air
 2-4     Force, Navy, Marine Corps, and Coast Guard, and officers of the
 2-5     State soil and water conservation districts, from holding at the
 2-6     same time any other office or position of honor, trust or profit,
 2-7     under this State or the United States, or from voting at any
 2-8     election, general, special or primary in this State when otherwise
 2-9     qualified.  State employees or other individuals who receive all or
2-10     part of their compensation either directly or indirectly from funds
2-11     of the State of Texas and who are not State officers, shall not be
2-12     barred from serving as members of the governing bodies of school
2-13     districts, cities, towns, or other local governmental districts[;
2-14     provided, however, that such State employees or other individuals
2-15     shall receive no salary for serving as members of such governing
2-16     bodies].  It is further provided that a nonelective State officer
2-17     may hold other nonelective offices under the State or the United
2-18     States, if the other office is of benefit to the State of Texas or
2-19     is required by the State or Federal law, and there is no conflict
2-20     with the original office for which he receives salary or
2-21     compensation.  No member of the Legislature of this State may hold
2-22     any other office or position of profit under this State, or the
2-23     United States, except as a notary public if qualified by law.
2-24           SECTION 2.  This proposed constitutional amendment shall be
2-25     submitted to the voters at an election to be held November 2, 1999.
 3-1     The ballot shall be printed to permit voting for or against the
 3-2     proposition:  "The constitutional amendment allowing state
 3-3     employees to receive compensation for serving as a member of a
 3-4     governing body of a school district, city, town or other local
 3-5     governmental district."