H.J.R. No. 127
A JOINT RESOLUTION
proposing a constitutional amendment to allow an officer or
enlisted member of the Texas State Guard or other state militia or
military force to hold other civil offices.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 40(a), Article XVI, Texas Constitution,
is amended to read as follows:
(a) No person shall hold or exercise at the same time, more
than one civil office of emolument, except that of Justice of the
Peace, County Commissioner, Notary Public and Postmaster, Officer
of the National Guard, the National Guard Reserve, and the Officers
Reserve Corps of the United States and enlisted men of the National
Guard, the National Guard Reserve, and the Organized Reserves of
the United States, and retired officers of the United States Army,
Air Force, Navy, Marine Corps, and Coast Guard, and retired warrant
officers, and retired enlisted men of the United States Army, Air
Force, Navy, Marine Corps, and Coast Guard, and officers and
enlisted members of the Texas State Guard and any other active
militia or military force organized under state law, and the
officers and directors of soil and water conservation districts,
unless otherwise specially provided herein. Provided, that nothing
in this Constitution shall be construed to prohibit an officer or
enlisted man of the National Guard, [and] the National Guard
Reserve, the Texas State Guard, and any other active militia or
military force organized under state law, or an officer in the
Officers Reserve Corps of the United States, or an enlisted man in
the Organized Reserves of the United States, or retired officers of
the United States Army, Air Force, Navy, Marine Corps, and Coast
Guard, and retired warrant officers, and retired enlisted men of
the United States Army, Air Force, Navy, Marine Corps, and Coast
Guard, and officers of the State soil and water conservation
districts, from holding at the same time any other office or
position of honor, trust or profit, under this State or the United
States, or from voting at any election, general, special or primary
in this State when otherwise qualified.
SECTION 2. This proposed constitutional amendment shall be
submitted to the voters at an election to be held November 3, 2009.
The ballot shall be printed to permit voting for or against the
proposition: "The constitutional amendment to allow an officer or
enlisted member of the Texas State Guard or other state militia or
military force to hold other civil offices."
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.J.R. No. 127 was passed by the House on May
11, 2009, by the following vote: Yeas 145, Nays 0, 1 present, not
voting; that the House refused to concur in Senate amendments to
H.J.R. No. 127 on May 29, 2009, by a non-record vote; and requested
the appointment of a conference committee to consider the
differences between the two houses; and that the House adopted the
conference committee report on H.J.R. No. 127 on May 31, 2009, by
the following vote: Yeas 143, Nays 0, 1 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.J.R. No. 127 was passed by the Senate, with
amendments, on May 25, 2009, by the following vote: Yeas 31, Nays
0; at the request of the House, the Senate appointed a conference
committee to consider the differences between the two houses; and
that the Senate adopted the conference committee report on H.J.R.
No. 127 on May 31, 2009, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
RECEIVED: __________________
Date
__________________
Secretary of State