C.S.S.J.R. 19 78(R)    BILL ANALYSIS


C.S.S.J.R. 19
By: Williams
State Affairs
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Article XVI, Section 40 of the Texas Constitution prohibits the
simultaneous holding of more than one "office of emolument."  Since 1972,
it has included a proviso that allowed state employees who receive all or
part of their compensation, either directly or indirectly, from funds of
the State of Texas, and who are not State officers, to serve as members of
the governing bodies of school districts, cities, towns, or other local
governmental districts, provided that they not receive a salary for
serving as members of such governing bodies.  In 2001, the voters adopted
an amendment to Article XVI, Section 40 permitting schoolteachers, retired
schoolteachers, or retired school administrators  to receive compensation
for serving as a member of a governing body of a school district, city,
town or local governmental district, including a water district.  Faculty
members of public colleges and universities were not specifically included
in the group covered by the 2001 amendment.  As a result, they are not
currently authorized to receive compensation for serving as a member of
the governing body of a water district.  As proposed, C.S.S.J.R. 19 amends
Subsection (b), Section 40, Article XVI of the Texas Constitution to so
authorize faculty members of public colleges and universities. 

RULEMAKING AUTHORITY

It is the opinion of the committee that this resolution does not expressly
grant any additional rulemaking authority to a state officer, department,
agency, or institution. 

ANALYSIS

C.S.S.J.R. 19 amends Subsection (b), Section 40, Article XVI, of the Texas
Constitution, to provide that a faculty member or retired faculty member
of a public institution of higher education is authorized to receive
compensation for serving as a member of a governing body of a water
district created under Section 59 of that article or under Section 52,
Article III, of the Texas Constitution. 

FOR ELECTION

This proposed constitutional amendment shall be submitted to the voters at
an election to be held November 4, 2003.  The ballot shall be printed to
allow for voting for or against the proposition contained in the specified
text.   


COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.S.J.R. 19 differs from the original in that it only authorizes faculty
members of public colleges or universities to receive compensation for
serving as a member of a governing body of a water district.  The original
bill authorized college professors and retired college professors to
receive compensation for serving as members on the governing bodies of
school districts, cities, towns, or local government districts.