1-1     By:  Bosse (Senate Sponsor - Lindsay)                 H.J.R. No. 85
 1-2           (In the Senate - Received from the House May 1, 2001;
 1-3     May 2, 2001, read first time and referred to Committee on
 1-4     Education; May 10, 2001, reported favorably by the following vote:
 1-5     Yeas 7, Nays 0; May 10, 2001, sent to printer.)
 1-6                           HOUSE JOINT RESOLUTION
 1-7     proposing a constitutional amendment to allow current and retired
 1-8     public school teachers and retired public school administrators to
 1-9     receive compensation for serving on the governing bodies of school
1-10     districts, cities, towns, or other local government districts.
1-11           BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12           SECTION 1. Section 40, Article XVI, Texas Constitution, is
1-13     amended to read as follows:
1-14           Sec. 40.  (a)  No person shall hold or exercise at the same
1-15     time, more than one civil office of emolument, except that of
1-16     Justice of the Peace, County Commissioner, Notary Public and
1-17     Postmaster, Officer of the National Guard, the National Guard
1-18     Reserve, and the Officers Reserve Corps of the United States and
1-19     enlisted men of the National Guard, the National Guard Reserve, and
1-20     the Organized Reserves of the United States, and retired officers
1-21     of the United States Army, Air Force, Navy, Marine Corps, and Coast
1-22     Guard, and retired warrant officers, and retired enlisted men of
1-23     the United States Army, Air Force, Navy, Marine Corps, and Coast
1-24     Guard, and the officers and directors of soil and water
1-25     conservation districts, unless otherwise specially provided herein.
1-26     Provided, that nothing in this Constitution shall be construed to
1-27     prohibit an officer or enlisted man of the National Guard, and the
1-28     National Guard Reserve, or an officer in the Officers Reserve Corps
1-29     of the United States, or an enlisted man in the Organized Reserves
1-30     of the United States, or retired officers of the United States
1-31     Army, Air Force, Navy, Marine Corps, and Coast Guard, and retired
1-32     warrant officers, and retired enlisted men of the United States
1-33     Army, Air Force, Navy, Marine Corps, and Coast Guard, and officers
1-34     of the State soil and water conservation districts, from holding at
1-35     the same time any other office or position of honor, trust or
1-36     profit, under this State or the United States, or from voting at
1-37     any election, general, special or primary in this State when
1-38     otherwise qualified.
1-39           (b)  State employees or other individuals who receive all or
1-40     part of their compensation either directly or indirectly from funds
1-41     of the State of Texas and who are not State officers, shall not be
1-42     barred from serving as members of the governing bodies of school
1-43     districts, cities, towns, or other local governmental districts.
1-44     Such[; provided, however, that such] State employees or other
1-45     individuals may not receive a [shall receive no] salary for serving
1-46     as members of such governing bodies, except that a schoolteacher,
1-47     retired schoolteacher, or retired school administrator may receive
1-48     compensation for serving as a member of a governing body of a water
1-49     district created under Section 59, Article XVI or Section 52,
1-50     Article III.
1-51           (c)  It is further provided that a nonelective State officer
1-52     may hold other nonelective offices under the State or the United
1-53     States, if the other office is of benefit to the State of Texas or
1-54     is required by the State or Federal law, and there is no conflict
1-55     with the original office for which he receives salary or
1-56     compensation.
1-57           (d)  No member of the Legislature of this State may hold any
1-58     other office or position of profit under this State, or the United
1-59     States, except as a notary public if qualified by law.
1-60           SECTION 2. This proposed constitutional amendment shall be
1-61     submitted to the voters at an election to be held November 6, 2001.
1-62     The ballot shall be printed to provide for voting for or against
1-63     the proposition:  "The constitutional amendment to allow current
1-64     and retired public school teachers and retired public school
 2-1     administrators to receive compensation for serving on the governing
 2-2     bodies of school districts, cities, towns, or other local
 2-3     government districts."
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