| 1 | 1 | | 81R17914 JSA-D |
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| 2 | 2 | | By: Swinford H.B. No. 957 |
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| 3 | 3 | | Substitute the following for H.B. No. 957: |
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| 4 | 4 | | By: Solomons C.S.H.B. No. 957 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the eligibility of certain public officers to the |
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| 10 | 10 | | legislature and prohibiting legislators from other public |
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| 11 | 11 | | employment. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Subtitle A, Title 3, Government Code, is amended |
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| 14 | 14 | | by adding Chapter 307 to read as follows: |
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| 15 | 15 | | CHAPTER 307. ELIGIBILITY TO LEGISLATURE |
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| 16 | 16 | | Sec. 307.001. INELIGIBILITY OF PERSONS HOLDING OTHER |
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| 17 | 17 | | OFFICES. (a) A judge of any court, the secretary of state, the |
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| 18 | 18 | | attorney general, the clerk of any court of record, or any other |
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| 19 | 19 | | person holding a lucrative office under the United States, this |
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| 20 | 20 | | state, including a political subdivision of this state, or any |
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| 21 | 21 | | foreign government is ineligible to serve in the legislature during |
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| 22 | 22 | | the term for which the person is elected or appointed. |
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| 23 | 23 | | (b) The ineligibility provided by Subsection (a) applies to |
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| 24 | 24 | | the entire term to which the officeholder was elected or appointed |
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| 25 | 25 | | and is not affected by the officeholder's resignation or removal |
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| 26 | 26 | | from office before the end of the term. |
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| 27 | 27 | | (c) For purposes of Subsection (a), an office is lucrative |
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| 28 | 28 | | if the officeholder is entitled to receive any salary, fee, or other |
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| 29 | 29 | | compensation, no matter how small. |
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| 30 | 30 | | (d) A person who is ineligible to serve in the legislature |
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| 31 | 31 | | under this section may not file an application for a place on the |
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| 32 | 32 | | ballot as a candidate for the legislature for a legislative term |
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| 33 | 33 | | during which the ineligibility applies for any portion of the term. |
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| 34 | 34 | | An application filed in violation of this subsection is invalid. |
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| 35 | 35 | | (e) For purposes of this section, "office" does not include: |
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| 36 | 36 | | (1) a notary public; or |
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| 37 | 37 | | (2) a position in: |
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| 38 | 38 | | (A) the armed forces reserve of the United |
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| 39 | 39 | | States; or |
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| 40 | 40 | | (B) the state military forces, other than a |
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| 41 | 41 | | position described by Section 431.003(a). |
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| 42 | 42 | | Sec. 307.002. PROHIBITION ON PUBLIC EMPLOYMENT BY |
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| 43 | 43 | | LEGISLATOR. A member of the legislature may not, during the term |
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| 44 | 44 | | for which the member is elected, be simultaneously employed in any |
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| 45 | 45 | | position under the United States, this state, including a political |
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| 46 | 46 | | subdivision of this state, or any foreign government. |
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| 47 | 47 | | SECTION 2. This Act takes effect immediately if it receives |
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| 48 | 48 | | a vote of two-thirds of all the members elected to each house, as |
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| 49 | 49 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 50 | 50 | | Act does not receive the vote necessary for immediate effect, this |
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| 51 | 51 | | Act takes effect September 1, 2009. |
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