By Madla                                               S.J.R. No. 1
         77R126 ESH-D                           
                                 A JOINT RESOLUTION
 1-1     proposing a constitutional amendment to permit a public school
 1-2     teacher or faculty member of a public institution of higher
 1-3     education to serve as a member of the legislature.
 1-4           BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Section 40, Article XVI, Texas Constitution, is
 1-6     amended to read as follows:
 1-7           Sec. 40.  (a)  A [No] person may not [shall] hold or exercise
 1-8     at the same time, more than one civil office of emolument, except
 1-9     that of Justice of the Peace, County Commissioner, Notary Public
1-10     and Postmaster, Officer of the National Guard, the National Guard
1-11     Reserve, and the Officers Reserve Corps of the United States and
1-12     enlisted men of the National Guard, the National Guard Reserve, and
1-13     the Organized Reserves of the United States, and retired officers
1-14     of the United States Army, Air Force, Navy, Marine Corps, and Coast
1-15     Guard, and retired warrant officers, and retired enlisted men of
1-16     the United States Army, Air Force, Navy, Marine Corps, and Coast
1-17     Guard, and the officers and directors of soil and water
1-18     conservation districts, unless otherwise specially provided herein.
1-19     Provided, that nothing in this Constitution shall be construed to
1-20     prohibit an officer or enlisted man of the National Guard, and the
1-21     National Guard Reserve, or an officer in the Officers Reserve Corps
1-22     of the United States, or an enlisted man in the Organized Reserves
1-23     of the United States, or retired officers of the United States
1-24     Army, Air Force, Navy, Marine Corps, and Coast Guard, and retired
 2-1     warrant officers, and retired enlisted men of the United States
 2-2     Army, Air Force, Navy, Marine Corps, and Coast Guard, and officers
 2-3     of the State soil and water conservation districts, from holding at
 2-4     the same time any other office or position of honor, trust or
 2-5     profit, under this State or the United States, or from voting at
 2-6     any election, general, special or primary in this State when
 2-7     otherwise qualified.
 2-8           (b)  State employees or other individuals who receive all or
 2-9     part of their compensation either directly or indirectly from funds
2-10     of the State of Texas and who are not State officers, shall not be
2-11     barred from serving as members of the governing bodies of school
2-12     districts, cities, towns, or other local governmental districts;
2-13     provided, however, that such State employees or other individuals
2-14     shall receive no salary for serving as members of such governing
2-15     bodies.
2-16           (c)  A [It is further provided that a] nonelective State
2-17     officer may hold other nonelective offices under the State or the
2-18     United States, if the other office is of benefit to the State of
2-19     Texas or is required by the State or Federal law, and there is no
2-20     conflict with the original office for which the officer [he]
2-21     receives salary or compensation.
2-22           (d)  A [No] member of the Legislature of this State may not
2-23     hold any other office or position of profit under this State, or
2-24     the United States, except as:
2-25                 (1)  a notary public if qualified by law;
2-26                 (2)  a public school teacher; or
2-27                 (3)  a professor, instructor, or other faculty member
 3-1     of a public institution of higher education.
 3-2           (e)  For any period during which a member of the Legislature
 3-3     also holds a position of profit described by Subsection (d)(2) or
 3-4     (3) of this section, the member may elect to receive either the
 3-5     salary authorized by Section 24(a), Article III, of this
 3-6     Constitution, or the compensation for the position of profit
 3-7     described by Subsection (d)(2) or (3) of this section, but may not
 3-8     receive both.
 3-9           SECTION 2. This proposed constitutional amendment shall be
3-10     submitted to the voters at an election to be held November 6, 2001.
3-11     The ballot shall be printed to permit voting for or against the
3-12     proposition:  "The constitutional amendment to permit a public
3-13     school teacher or faculty member of a public institution of higher
3-14     education to serve as a member of the legislature."