BILL ADDRESSES CITY ELECTED OFFICIALS’ ELIGIBILITY FOR THE LEGISLATURE

A bill that has been reported from a House committee and is now in the House Calendars Committee would provide that no person who holds a “lucrative office” in a political subdivision is eligible “to serve in the legislature during the term for which the person is elected or appointed,” even if the person resigns to run.

The bill (H.B. 957 by Swinford) defines a “lucrative office” as any office in which a person receives “any salary, fee, or other compensation, no matter how small.”

The bill is intended to clarify a series of conflicting court decisions that interpret Section 19, Article III, of the Texas Constitution, relating to eligibility of current office holders to serve in the legislature.

TML member cities may use the material herein for any purpose.
No other person or entity may reproduce, duplicate, or distribute any part of this document without the written authorization of the
Texas Municipal League.

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