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A BILL TO BE ENTITLED
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AN ACT
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relating to the eligibility of certain public officers to the |
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legislature and prohibiting legislators from other public |
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employment. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle A, Title 3, Government Code, is amended |
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by adding Chapter 307 to read as follows: |
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CHAPTER 307. ELIGIBILITY TO LEGISLATURE |
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Sec. 307.001. INELIGIBILITY OF PERSONS HOLDING OTHER |
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OFFICES. (a) A judge of any court, the secretary of state, the |
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attorney general, the clerk of any court of record, or any other |
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person holding a lucrative office under the United States, this |
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state, including a political subdivision of this state, or any |
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foreign government is ineligible to serve in the legislature during |
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the term for which the person is elected or appointed. |
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(b) The ineligibility provided by Subsection (a) applies to |
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the entire term to which the officeholder was elected or appointed |
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and is not affected by the officeholder's resignation or removal |
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from office before the end of the term. |
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(c) For purposes of Subsection (a), an office is lucrative |
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if the officeholder is entitled to receive any salary, fee, or other |
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compensation, no matter how small. |
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(d) A person who is ineligible to serve in the legislature |
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under this section may not file an application for a place on the |
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ballot as a candidate for the legislature for a legislative term |
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during which the ineligibility applies for any portion of the term. |
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An application filed in violation of this subsection is invalid. |
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(e) For purposes of this section, "office" does not include: |
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(1) a notary public; or |
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(2) a position in: |
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(A) the armed forces reserve of the United |
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States; or |
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(B) the state military forces, other than a |
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position described by Section 431.003(a). |
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Sec. 307.002. PROHIBITION ON PUBLIC EMPLOYMENT BY |
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LEGISLATOR. A member of the legislature may not, during the term |
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for which the member is elected, be simultaneously employed in any |
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position under the United States, this state, including a political |
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subdivision of this state, or any foreign government. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |