1-1 By: Ratliff, Wentworth S.J.R. No. 26
1-2 (In the Senate - Filed March 3, 1999; March 4, 1999, read
1-3 first time and referred to Committee on State Affairs;
1-4 April 16, 1999, reported favorably by the following vote: Yeas 9,
1-5 Nays 0; April 16, 1999, sent to printer.)
1-6 SENATE JOINT RESOLUTION
1-7 proposing a constitutional amendment relating to compensation for
1-8 state employees serving as members of local governing boards.
1-9 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10 SECTION 1. Section 40, Article XVI, Texas Constitution, is
1-11 amended to read as follows:
1-12 Sec. 40. No person shall hold or exercise at the same time,
1-13 more than one civil office of emolument, except that of Justice of
1-14 the Peace, County Commissioner, Notary Public and Postmaster,
1-15 Officer of the National Guard, the National Guard Reserve, and the
1-16 Officers Reserve Corps of the United States and enlisted men of the
1-17 National Guard, the National Guard Reserve, and the Organized
1-18 Reserves of the United States, and retired officers of the United
1-19 States Army, Air Force, Navy, Marine Corps, and Coast Guard, and
1-20 retired warrant officers, and retired enlisted men of the United
1-21 States Army, Air Force, Navy, Marine Corps, and Coast Guard, and
1-22 the officers and directors of soil and water conservation
1-23 districts, unless otherwise specially provided herein. Provided,
1-24 that nothing in this Constitution shall be construed to prohibit an
1-25 officer or enlisted man of the National Guard, and the National
1-26 Guard Reserve, or an officer in the Officers Reserve Corps of the
1-27 United States, or an enlisted man in the Organized Reserves of the
1-28 United States, or retired officers of the United States Army, Air
1-29 Force, Navy, Marine Corps, and Coast Guard, and retired warrant
1-30 officers, and retired enlisted men of the United States Army, Air
1-31 Force, Navy, Marine Corps, and Coast Guard, and officers of the
1-32 State soil and water conservation districts, from holding at the
1-33 same time any other office or position of honor, trust or profit,
1-34 under this State or the United States, or from voting at any
1-35 election, general, special or primary in this State when otherwise
1-36 qualified. State employees or other individuals who receive all or
1-37 part of their compensation either directly or indirectly from funds
1-38 of the State of Texas and who are not State officers, shall not be
1-39 barred from serving as members of the governing bodies of school
1-40 districts, cities, towns, or other local governmental districts[;
1-41 provided, however, that such State employees or other individuals
1-42 shall receive no salary for serving as members of such governing
1-43 bodies]. It is further provided that a nonelective State officer
1-44 may hold other nonelective offices under the State or the United
1-45 States, if the other office is of benefit to the State of Texas or
1-46 is required by the State or Federal law, and there is no conflict
1-47 with the original office for which he receives salary or
1-48 compensation. No member of the Legislature of this State may hold
1-49 any other office or position of profit under this State, or the
1-50 United States, except as a notary public if qualified by law.
1-51 SECTION 2. This proposed constitutional amendment shall be
1-52 submitted to the voters at an election to be held November 2, 1999.
1-53 The ballot shall be printed to permit voting for or against the
1-54 proposition: "The constitutional amendment allowing state
1-55 employees to receive compensation for serving as a member of a
1-56 governing body of a school district, city, town or other local
1-57 governmental district."
1-58 * * * * *