By Bosse H.J.R. No. 85
A JOINT RESOLUTION
1-1 proposing a constitutional amendment to allow current and retired
1-2 public school teachers and retired public school administrators to
1-3 receive compensation for serving on the governing bodies of school
1-4 districts, cities, towns, or other local government districts.
1-5 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 40, Article XVI, Texas Constitution, is
1-7 amended to read as follows:
1-8 Sec. 40. (a) No person shall hold or exercise at the same
1-9 time, more than one civil office of emolument, except that of
1-10 Justice of the Peace, County Commissioner, Notary Public and
1-11 Postmaster, Officer of the National Guard, the National Guard
1-12 Reserve, and the Officers Reserve Corps of the United States and
1-13 enlisted men of the National Guard, the National Guard Reserve, and
1-14 the Organized Reserves of the United States, and retired officers
1-15 of the United States Army, Air Force, Navy, Marine Corps, and Coast
1-16 Guard, and retired warrant officers, and retired enlisted men of
1-17 the United States Army, Air Force, Navy, Marine Corps, and Coast
1-18 Guard, and the officers and directors of soil and water
1-19 conservation districts, unless otherwise specially provided herein.
1-20 Provided, that nothing in this Constitution shall be construed to
1-21 prohibit an officer or enlisted man of the National Guard, and the
1-22 National Guard Reserve, or an officer in the Officers Reserve Corps
1-23 of the United States, or an enlisted man in the Organized Reserves
1-24 of the United States, or retired officers of the United States
2-1 Army, Air Force, Navy, Marine Corps, and Coast Guard, and retired
2-2 warrant officers, and retired enlisted men of the United States
2-3 Army, Air Force, Navy, Marine Corps, and Coast Guard, and officers
2-4 of the State soil and water conservation districts, from holding at
2-5 the same time any other office or position of honor, trust or
2-6 profit, under this State or the United States, or from voting at
2-7 any election, general, special or primary in this State when
2-8 otherwise qualified.
2-9 (b) 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 Such[; provided, however, that such] State employees or other
2-15 individuals may not receive a [shall receive no] salary for serving
2-16 as members of such governing bodies, except that a schoolteacher,
2-17 retired schoolteacher, or retired school administrator may receive
2-18 compensation for serving as a member of a governing body of a water
2-19 district created under Section 59, Article XVI or Section 52,
2-20 Article III.
2-21 (c) It is further provided that a nonelective State officer
2-22 may hold other nonelective offices under the State or the United
2-23 States, if the other office is of benefit to the State of Texas or
2-24 is required by the State or Federal law, and there is no conflict
2-25 with the original office for which he receives salary or
2-26 compensation.
2-27 (d) No member of the Legislature of this State may hold any
3-1 other office or position of profit under this State, or the United
3-2 States, except as a notary public if qualified by law.
3-3 SECTION 2. This proposed constitutional amendment shall be
3-4 submitted to the voters at an election to be held November 6, 2001.
3-5 The ballot shall be printed to provide for voting for or against
3-6 the proposition: "The constitutional amendment to allow current
3-7 and retired public school teachers and retired public school
3-8 administrators to receive compensation for serving on the governing
3-9 bodies of school districts, cities, towns, or other local
3-10 government districts."