81R1904 DRH-D
By: Swinford H.B. No. 957
A BILL TO BE ENTITLED
AN ACT
relating to the eligibility of certain public officers to the
legislature and prohibiting legislators from other public
employment.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle A, Title 3, Government Code, is amended
by adding Chapter 307 to read as follows:
CHAPTER 307. ELIGIBILITY TO LEGISLATURE
Sec. 307.001. INELIGIBILITY OF PERSONS HOLDING OTHER
OFFICES. (a) A judge of any court, the secretary of state, the
attorney general, the clerk of any court of record, or any other
person holding a lucrative office under the United States, this
state, including a political subdivision of this state, or any
foreign government is ineligible to serve in the legislature during
the term for which the person is elected or appointed.
(b) The ineligibility provided by Subsection (a) applies to
the entire term to which the office holder was elected or appointed
and is not affected by the office holder's resignation or removal
from office before the end of the term.
(c) For purposes of Subsection (a), an office is lucrative
if the office holder is entitled to receive any salary, fee,
reimbursement, or other compensation, no matter how small.
(d) A person who is ineligible to serve in the legislature
under this section may not file an application for a place on the
ballot as a candidate for the legislature for a legislative term
during which the ineligibility applies for any portion of the term.
An application filed in violation of this subsection is invalid.
Sec. 307.002. PROHIBITION ON PUBLIC EMPLOYMENT BY
LEGISLATOR. (a) A member of the legislature may not, during the
term for which the member is elected, be simultaneously employed in
any position under the United States, this state, including a
political subdivision of this state, or any foreign government.
(b) For purposes of this section, "office" does not include:
(1) a notary public; or
(2) a position in the armed forces reserve of the
United States or this state.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.