| 1 | 1 | | H.J.R. No. 127 |
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| 4 | 4 | | A JOINT RESOLUTION |
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| 5 | 5 | | proposing a constitutional amendment to allow an officer or |
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| 6 | 6 | | enlisted member of the Texas State Guard or other state militia or |
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| 7 | 7 | | military force to hold other civil offices. |
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| 8 | 8 | | BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 40(a), Article XVI, Texas Constitution, |
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| 10 | 10 | | is amended to read as follows: |
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| 11 | 11 | | (a) No person shall hold or exercise at the same time, more |
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| 12 | 12 | | than one civil office of emolument, except that of Justice of the |
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| 13 | 13 | | Peace, County Commissioner, Notary Public and Postmaster, Officer |
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| 14 | 14 | | of the National Guard, the National Guard Reserve, and the Officers |
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| 15 | 15 | | Reserve Corps of the United States and enlisted men of the National |
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| 16 | 16 | | Guard, the National Guard Reserve, and the Organized Reserves of |
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| 17 | 17 | | the United States, and retired officers of the United States Army, |
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| 18 | 18 | | Air Force, Navy, Marine Corps, and Coast Guard, and retired warrant |
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| 19 | 19 | | officers, and retired enlisted men of the United States Army, Air |
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| 20 | 20 | | Force, Navy, Marine Corps, and Coast Guard, and officers and |
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| 21 | 21 | | enlisted members of the Texas State Guard and any other active |
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| 22 | 22 | | militia or military force organized under state law, and the |
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| 23 | 23 | | officers and directors of soil and water conservation districts, |
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| 24 | 24 | | unless otherwise specially provided herein. Provided, that nothing |
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| 25 | 25 | | in this Constitution shall be construed to prohibit an officer or |
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| 26 | 26 | | enlisted man of the National Guard, [and] the National Guard |
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| 27 | 27 | | Reserve, the Texas State Guard, and any other active militia or |
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| 28 | 28 | | military force organized under state law, or an officer in the |
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| 29 | 29 | | Officers Reserve Corps of the United States, or an enlisted man in |
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| 30 | 30 | | the Organized Reserves of the United States, or retired officers of |
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| 31 | 31 | | the United States Army, Air Force, Navy, Marine Corps, and Coast |
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| 32 | 32 | | Guard, and retired warrant officers, and retired enlisted men of |
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| 33 | 33 | | the United States Army, Air Force, Navy, Marine Corps, and Coast |
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| 34 | 34 | | Guard, and officers of the State soil and water conservation |
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| 35 | 35 | | districts, from holding at the same time any other office or |
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| 36 | 36 | | position of honor, trust or profit, under this State or the United |
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| 37 | 37 | | States, or from voting at any election, general, special or primary |
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| 38 | 38 | | in this State when otherwise qualified. |
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| 39 | 39 | | SECTION 2. This proposed constitutional amendment shall be |
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| 40 | 40 | | submitted to the voters at an election to be held November 3, 2009. |
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| 41 | 41 | | The ballot shall be printed to permit voting for or against the |
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| 42 | 42 | | proposition: "The constitutional amendment to allow an officer or |
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| 43 | 43 | | enlisted member of the Texas State Guard or other state militia or |
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| 44 | 44 | | military force to hold other civil offices." |
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| 45 | 45 | | ______________________________ ______________________________ |
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| 46 | 46 | | President of the Senate Speaker of the House |
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| 47 | 47 | | I certify that H.J.R. No. 127 was passed by the House on May |
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| 48 | 48 | | 11, 2009, by the following vote: Yeas 145, Nays 0, 1 present, not |
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| 49 | 49 | | voting; that the House refused to concur in Senate amendments to |
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| 50 | 50 | | H.J.R. No. 127 on May 29, 2009, by a non-record vote; and requested |
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| 51 | 51 | | the appointment of a conference committee to consider the |
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| 52 | 52 | | differences between the two houses; and that the House adopted the |
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| 53 | 53 | | conference committee report on H.J.R. No. 127 on May 31, 2009, by |
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| 54 | 54 | | the following vote: Yeas 143, Nays 0, 1 present, not voting. |
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| 55 | 55 | | ______________________________ |
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| 56 | 56 | | Chief Clerk of the House |
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| 57 | 57 | | I certify that H.J.R. No. 127 was passed by the Senate, with |
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| 58 | 58 | | amendments, on May 25, 2009, by the following vote: Yeas 31, Nays |
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| 59 | 59 | | 0; at the request of the House, the Senate appointed a conference |
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| 60 | 60 | | committee to consider the differences between the two houses; and |
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| 61 | 61 | | that the Senate adopted the conference committee report on H.J.R. |
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| 62 | 62 | | No. 127 on May 31, 2009, by the following vote: Yeas 31, Nays 0. |
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| 63 | 63 | | ______________________________ |
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| 64 | 64 | | Secretary of the Senate |
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| 65 | 65 | | RECEIVED: __________________ |
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| 66 | 66 | | Date |
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| 67 | 67 | | __________________ |
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| 68 | 68 | | Secretary of State |
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