SENATE 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
1-22 United States, or retired officers of the United States Army, Air
1-23 Force, Navy, Marine Corps, and Coast Guard, and retired warrant
1-24 officers, and retired enlisted men of the United States Army, Air
2-1 Force, Navy, Marine Corps, and Coast Guard, and officers of the
2-2 State soil and water conservation districts, from holding at the
2-3 same time any other office or position of honor, trust or profit,
2-4 under this State or the United States, or from voting at any
2-5 election, general, special or primary in this State when otherwise
2-6 qualified. State employees or other individuals who receive all or
2-7 part of their compensation either directly or indirectly from funds
2-8 of the State of Texas and who are not State officers, shall not be
2-9 barred from serving as members of the governing bodies of school
2-10 districts, cities, towns, or other local governmental districts[;
2-11 provided, however, that such State employees or other individuals
2-12 shall receive no salary for serving as members of such governing
2-13 bodies]. It is further provided that a nonelective State officer
2-14 may hold other nonelective offices under the State or the United
2-15 States, if the other office is of benefit to the State of Texas or
2-16 is required by the State or Federal law, and there is no conflict
2-17 with the original office for which he receives salary or
2-18 compensation. No member of the Legislature of this State may hold
2-19 any other office or position of profit under this State, or the
2-20 United States, except as a notary public if qualified by law.
2-21 SECTION 2. This proposed constitutional amendment shall be
2-22 submitted to the voters at an election to be held November 2, 1999.
2-23 The ballot shall be printed to permit voting for or against the
2-24 proposition: "The constitutional amendment allowing state
2-25 employees to receive compensation for serving as a member of a
2-26 governing body of a school district, city, town or other local
3-1 governmental district."
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.J.R. No. 26 was adopted by the Senate
on April 22, 1999, by the following vote: Yeas 29, Nays 0.
_______________________________
Secretary of the Senate
I hereby certify that S.J.R. No. 26 was adopted by the House
on May 18, 1999, by the following vote: Yeas 144, Nays 1, one
present not voting.
_______________________________
Chief Clerk of the House