By Bosse                                              H.J.R. No. 97
         76R11850 WP-D                           
                                 A JOINT RESOLUTION
 1-1     proposing a constitutional amendment permitting schoolteachers and
 1-2     retired schoolteachers to receive compensation for serving on local
 1-3     water boards.
 1-4           BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 40, Article XVI, Texas Constitution, is
 1-6     amended to read as follows:
 1-7           Sec. 40.  (a)  No person shall hold or exercise at the same
 1-8     time, more than one civil office of emolument, except that of
 1-9     Justice of the Peace, County Commissioner, Notary Public and
1-10     Postmaster, Officer of the National Guard, the National Guard
1-11     Reserve, and the Officers Reserve Corps of the United States and
1-12     enlisted men of the National Guard, the National Guard Reserve, and
1-13     the Organized Reserves of the United States, and retired officers
1-14     of the United States Army, Air Force, Navy, Marine Corps, and Coast
1-15     Guard, and retired warrant officers, and retired enlisted men of
1-16     the United States Army, Air Force, Navy, Marine Corps, and Coast
1-17     Guard, and the officers and directors of soil and water
1-18     conservation districts, unless otherwise specially provided herein.
1-19     Provided, that nothing in this Constitution shall be construed to
1-20     prohibit an officer or enlisted man of the National Guard, and the
1-21     National Guard Reserve, or an officer in the Officers Reserve Corps
1-22     of the United States, or an enlisted man in the Organized Reserves
1-23     of the United States, or retired officers of the United States
1-24     Army, Air Force, Navy, Marine Corps, and Coast Guard, and retired
 2-1     warrant officers, and retired enlisted men of the United States
 2-2     Army, Air Force, Navy, Marine Corps, and Coast Guard, and officers
 2-3     of the State soil and water conservation districts, from holding at
 2-4     the same time any other office or position of honor, trust or
 2-5     profit, under this State or the United States, or from voting at
 2-6     any election, general, special or primary in this State when
 2-7     otherwise qualified.
 2-8           (b)  State employees or other individuals who receive all or
 2-9     part of their compensation either directly or indirectly from funds
2-10     of the State of Texas and who are not State officers, shall not be
2-11     barred from serving as members of the governing bodies of school
2-12     districts, cities, towns, or other local governmental districts.
2-13     Such[; provided, however, that such] State employees or other
2-14     individuals may not receive a [shall receive no] salary for serving
2-15     as members of such governing bodies, except that a schoolteacher or
2-16     retired schoolteacher may receive compensation for serving as a
2-17     member of a governing body of a water district created under
2-18     Section 59, Article XVI or Section 52, Article III.
2-19           (c)  It is further provided that a nonelective State officer
2-20     may hold other nonelective offices under the State or the United
2-21     States, if the other office is of benefit to the State of Texas or
2-22     is required by the State or Federal law, and there is no conflict
2-23     with the original office for which he receives salary or
2-24     compensation.
2-25           (d)  No member of the Legislature of this State may hold any
2-26     other office or position of profit under this State, or the United
2-27     States, except as a notary public if qualified by law.
 3-1           SECTION 2.  This proposed constitutional amendment shall be
 3-2     submitted to the voters at an election to be held November 2, 1999.
 3-3     The ballot shall be printed to provide for voting for or against
 3-4     the proposition:  "The constitutional amendment permitting
 3-5     schoolteachers and retired schoolteachers to receive compensation
 3-6     for serving on local water boards."