78R3596 JSA-D

By:  Villarreal                                                 H.J.R. No. 74 



A JOINT RESOLUTION

proposing a constitutional amendment to permit a person employed as 
a teacher by a school district or public institution of higher 
education to simultaneously hold a state or local office.
	BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:                       
	SECTION 1.  Section 40, Article XVI, Texas Constitution, is 
amended by amending Subsections (b) and (d) and adding Subsection 
(e) to read as follows:
	(b)  State employees or other individuals 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, shall not be 
barred from serving as members of the governing bodies of school 
districts, cities, towns, or other local governmental districts.  
Such State employees or other individuals may not receive a salary 
for serving as members of such governing bodies, except that a 
[schoolteacher,] retired schoolteacher[,] or retired school 
administrator may 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 created under 
Section 59, Article XVI, or Section 52, Article III.
	(d)  No member of the Legislature of this State may hold any 
other office or position of profit under this State, or the United 
States, except that the member may:
		(1)  serve as a notary public if qualified by law; or           
		(2)  be employed in a teaching capacity by a school 
district or public institution of higher education.
	(e)  A person employed in a teaching capacity by a school 
district or public institution of higher education shall not be 
barred on account of that employment from election or appointment 
to, or from serving in, any state or local office, including 
membership on the governing body of the school district or 
institution of higher education that employs the person.  A person 
holding office as permitted by this subsection is eligible for the 
same compensation, reimbursement, and other perquisites of office 
as any other person holding the office, in addition to the 
compensation the person receives as an employee of a school 
district or public institution of higher education.  A person 
serving as permitted by this subsection as a member of the governing 
body of the school district or institution of higher education that 
employs the person may not participate in any matter before the 
governing body that applies only to the person.
	SECTION 2.  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 permit voting for or against the 
proposition: "The constitutional amendment to permit a person 
employed as a teacher by a school district or public institution of 
higher education to simultaneously hold a state or local office."