1-1 By: Madla S.J.R. No. 41
1-2 (In the Senate - Filed March 12, 1999; March 18, 1999, read
1-3 first time and referred to Committee on State Affairs;
1-4 April 12, 1999, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 9, Nays 0; April 12, 1999,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.J.R. No. 41 By: Shapleigh
1-8 SENATE JOINT RESOLUTION
1-9 proposing a constitutional amendment to permit a public school
1-10 teacher or faculty member of a public institution of higher
1-11 education to serve as a member of the legislature.
1-12 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Section 40, Article XVI, Texas Constitution, is
1-14 amended to read as follows:
1-15 Sec. 40. (a) No person shall hold or exercise at the same
1-16 time, more than one civil office of emolument, except that of
1-17 Justice of the Peace, County Commissioner, Notary Public and
1-18 Postmaster, Officer of the National Guard, the National Guard
1-19 Reserve, and the Officers Reserve Corps of the United States and
1-20 enlisted men of the National Guard, the National Guard Reserve, and
1-21 the Organized Reserves of the United States, and retired officers
1-22 of the United States Army, Air Force, Navy, Marine Corps, and Coast
1-23 Guard, and retired warrant officers, and retired enlisted men of
1-24 the United States Army, Air Force, Navy, Marine Corps, and Coast
1-25 Guard, and the officers and directors of soil and water
1-26 conservation districts, unless otherwise specially provided herein.
1-27 Provided, that nothing in this Constitution shall be construed to
1-28 prohibit an officer or enlisted man of the National Guard, and the
1-29 National Guard Reserve, or an officer in the Officers Reserve Corps
1-30 of the United States, or an enlisted man in the Organized Reserves
1-31 of the United States, or retired officers of the United States
1-32 Army, Air Force, Navy, Marine Corps, and Coast Guard, and retired
1-33 warrant officers, and retired enlisted men of the United States
1-34 Army, Air Force, Navy, Marine Corps, and Coast Guard, and officers
1-35 of the State soil and water conservation districts, from holding at
1-36 the same time any other office or position of honor, trust or
1-37 profit, under this State or the United States, or from voting at
1-38 any election, general, special or primary in this State when
1-39 otherwise qualified.
1-40 (b) State employees or other individuals who receive all or
1-41 part of their compensation either directly or indirectly from funds
1-42 of the State of Texas and who are not State officers, shall not be
1-43 barred from serving as members of the governing bodies of school
1-44 districts, cities, towns, or other local governmental districts;
1-45 provided, however, that such State employees or other individuals
1-46 shall receive no salary for serving as members of such governing
1-47 bodies.
1-48 (c) A [It is further provided that a] nonelective State
1-49 officer may hold other nonelective offices under the State or the
1-50 United States, if the other office is of benefit to the State of
1-51 Texas or is required by the State or Federal law, and there is no
1-52 conflict with the original office for which he receives salary or
1-53 compensation.
1-54 (d) A [No] member of the Legislature of this State may not
1-55 hold any other office or position of profit under this State, or
1-56 the United States, except as:
1-57 (1) a notary public if qualified by law;
1-58 (2) a public school teacher; or
1-59 (3) a professor, instructor, or other faculty member
1-60 at a public institution of higher education.
1-61 (e) For any period during which a member of the Legislature
1-62 also holds a position of profit described by Subsection (d)(2) or
1-63 (d)(3) of this section, the member may elect to receive either the
1-64 salary authorized by Section 24(a), Article III, of this
2-1 Constitution, or the compensation for the position of profit
2-2 described by Subsection (d)(2) or (d)(3) of this section, but may
2-3 not receive both.
2-4 SECTION 2. This proposed constitutional amendment shall be
2-5 submitted to the voters at an election to be held November 2, 1999.
2-6 The ballot shall be printed to permit voting for or against the
2-7 proposition: "The constitutional amendment to permit a public
2-8 school teacher or faculty member at a public institution of higher
2-9 education to serve in the legislature."
2-10 * * * * *