HBA-DMD S.J.R. 41 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.J.R. 41
By: Madla
State Affairs
5/2/1999
Engrossed


BACKGROUND AND PURPOSE 

Currently, neither public school teachers nor faculty members at a public
institution of higher education may serve in the state legislature. This
resolution would require the submission to the voters of a constitutional
amendment to authorize a public school teacher or faculty member at a
public institution of higher education to serve in the state legislature. 

S.J.R. 41 requires the submission to the voters of a constitutional
amendment to prohibit a member of the state legislature from holding any
other office or position of profit under this state, or the United States,
except as a notary public, public school teacher, or professor, instructor,
or other faculty member at a public institution of higher education.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 40, Article XVI, Texas Constitution, to prohibit,
rather than authorize, a member of the state legislature from holding any
other office or position of profit under this state, or the United States,
except as a notary public, public school teacher, or professor, instructor,
or other faculty member at a public institution of higher education.
Authorizes a member of the legislature to elect to receive either the
salary authorized by Section 24(a) (Texas Ethics Commission), Article III
(Legislative Department), of this Constitution, for services as a member of
the legislature or the compensation provided for service as a public school
teacher or a professor, instructor, or other faculty member at a public
institution of higher education, but prohibits the member of the
legislature from receiving both, for any period during which a member of
the legislature also is a public school teacher or a professor,
instructor, or other faculty member at a public institution of higher
education. Makes conforming and nonsubstantive changes. 

SECTION 2. Requires this proposed constitutional amendment to be submitted
to the voters at an election to be held November 2, 1999.  Sets forth the
required language for the ballot.