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."
2-4 * * * * *