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 governmental districts,
 1-5     including water districts.
 1-6           BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-7           SECTION 1. Section 40, Article XVI, Texas Constitution, is
 1-8     amended to read as follows:
 1-9           Sec. 40.  (a)  No person shall hold or exercise at the same
1-10     time, more than one civil office of emolument, except that of
1-11     Justice of the Peace, County Commissioner, Notary Public and
1-12     Postmaster, Officer of the National Guard, the National Guard
1-13     Reserve, and the Officers Reserve Corps of the United States and
1-14     enlisted men of the National Guard, the National Guard Reserve, and
1-15     the Organized Reserves of the United States, and retired officers
1-16     of the United States Army, Air Force, Navy, Marine Corps, and Coast
1-17     Guard, and retired warrant officers, and retired enlisted men of
1-18     the United States Army, Air Force, Navy, Marine Corps, and Coast
1-19     Guard, and the officers and directors of soil and water
1-20     conservation districts, unless otherwise specially provided herein.
1-21     Provided, that nothing in this Constitution shall be construed to
1-22     prohibit an officer or enlisted man of the National Guard, and the
1-23     National Guard Reserve, or an officer in the Officers Reserve Corps
1-24     of the United States, or an enlisted man in the Organized Reserves
 2-1     of the United States, or retired officers of the United States
 2-2     Army, Air Force, Navy, Marine Corps, and Coast Guard, and retired
 2-3     warrant officers, and retired enlisted men of the United States
 2-4     Army, Air Force, Navy, Marine Corps, and Coast Guard, and officers
 2-5     of the State soil and water conservation districts, from holding at
 2-6     the same time any other office or position of honor, trust or
 2-7     profit, under this State or the United States, or from voting at
 2-8     any election, general, special or primary in this State when
 2-9     otherwise qualified.
2-10           (b)  State employees or other individuals who receive all or
2-11     part of their compensation either directly or indirectly from funds
2-12     of the State of Texas and who are not State officers, shall not be
2-13     barred from serving as members of the governing bodies of school
2-14     districts, cities, towns, or other local governmental districts.
2-15     Such[; provided, however, that such] State employees or other
2-16     individuals may not receive a [shall receive no] salary for serving
2-17     as members of such governing bodies, except that a schoolteacher,
2-18     retired schoolteacher, or retired school administrator may receive
2-19     compensation for serving as a member of a governing body of a
2-20     school district, city, town, or local governmental district,
2-21     including a water district created under Section 59, Article XVI,
2-22     or Section 52, Article III.
2-23           (c)  It is further provided that a nonelective State officer
2-24     may hold other nonelective offices under the State or the United
2-25     States, if the other office is of benefit to the State of Texas or
2-26     is required by the State or Federal law, and there is no conflict
2-27     with the original office for which he receives salary or
 3-1     compensation.
 3-2           (d)  No member of the Legislature of this State may hold any
 3-3     other office or position of profit under this State, or the United
 3-4     States, except as a notary public if qualified by law.
 3-5           SECTION 2. This proposed constitutional amendment shall be
 3-6     submitted to the voters at an election to be held November 6, 2001.
 3-7     The ballot shall be printed to provide for voting for or against
 3-8     the proposition:  "The constitutional amendment to allow current
 3-9     and retired public school teachers and retired public school
3-10     administrators to receive compensation for serving on the governing
3-11     bodies of school districts, cities, towns, or other local
3-12     governmental districts, including water districts."
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I certify that H.J.R. No. 85 was passed by the House on April
         30, 2001, by the following vote:  Yeas 145, Nays 0, 1 present, not
         voting; and that the House concurred in Senate amendments to
         H.J.R. No. 85 on May 25, 2001, by the following vote:  Yeas 114,
         Nays 0, 1 present, not voting.
                                             _______________________________
                                                 Chief Clerk of the House
               I certify that H.J.R. No. 85 was passed by the Senate, with
         amendments, on May 17, 2001, by the following vote:  Yeas 30, Nays
         0, 1 present, not voting.
                                             _______________________________
                                                 Secretary of the Senate
         RECEIVED:  _____________________
                            Date
                    _____________________
                      Secretary of State