By: Place H.B. No. 1941 73R3966 JRD-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to eligibility for membership on certain state boards and 1-3 commissions. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Section 4, Article 42.18, Code of Criminal 1-6 Procedure, is amended by adding Subsection (a-1) to read as 1-7 follows: 1-8 (a-1) In determining eligibility under Subsection (a)(3) of 1-9 this section, the compensation or reimbursement that a board 1-10 member's spouse receives as an employee of the board or of the 1-11 Texas Department of Criminal Justice may not be considered. This 1-12 subsection does not affect any restriction on employment or board 1-13 membership imposed by any other law. 1-14 SECTION 2. Section 61.0222, Education Code, is amended by 1-15 adding Subsection (a-1) to read as follows: 1-16 (a-1) In determining eligibility under Subsection (a)(3) of 1-17 this section, the compensation or reimbursement that a board 1-18 member's spouse receives as an employee of the board may not be 1-19 considered. This subsection does not affect any restriction on 1-20 employment or board membership imposed by any other law. 1-21 SECTION 3. Section 465.003, Government Code, is amended by 1-22 adding Subsection (d-1) to read as follows: 1-23 (d-1) In determining eligibility under Subsection (d)(3), 1-24 the compensation or reimbursement that a commission member's spouse 2-1 receives as an employee of the commission may not be considered. 2-2 This subsection does not affect any restriction on employment or 2-3 commission membership imposed by any other law. 2-4 SECTION 4. Section 492.003, Government Code, is amended by 2-5 adding Subsection (a-1) to read as follows: 2-6 (a-1) In determining eligibility under Subsection (a)(3), 2-7 the compensation or reimbursement that a board member's spouse 2-8 receives as an employee of the board or of the department may not 2-9 be considered. This subsection does not affect any restriction on 2-10 employment or board membership imposed by any other law. 2-11 SECTION 5. Section 801.1021, Government Code, is amended by 2-12 adding Subsection (a-1) to read as follows: 2-13 (a-1) In determining eligibility under Subsection (a)(3), 2-14 the compensation or reimbursement that a board member's spouse 2-15 receives as an employee of the board may not be considered. This 2-16 subsection does not affect any restriction on employment or board 2-17 membership imposed by any other law. 2-18 SECTION 6. Section 11.006, Health and Safety Code, is 2-19 amended by adding Subsection (a-1) to read as follows: 2-20 (a-1) In determining eligibility under Subsection (a)(4), 2-21 the compensation or reimbursement that a board member's spouse 2-22 receives as an employee of the board or of the department may not 2-23 be considered. This subsection does not affect any restriction on 2-24 employment or board membership imposed by any other law. 2-25 SECTION 7. Section 102.0041, Health and Safety Code, is 2-26 amended by adding Subsection (a-1) to read as follows: 2-27 (a-1) In determining eligibility under Subsection (a)(2), 3-1 the compensation or reimbursement that a council member's spouse 3-2 receives as an employee of the council may not be considered. This 3-3 subsection does not affect any restriction on employment or council 3-4 membership imposed by any other law. 3-5 SECTION 8. Section 103.004, Health and Safety Code, is 3-6 amended by adding Subsection (a-1) to read as follows: 3-7 (a-1) In determining eligibility under Subsection (a)(3), 3-8 the compensation or reimbursement that a council member's spouse 3-9 receives as an employee of the council may not be considered. This 3-10 subsection does not affect any restriction on employment or council 3-11 membership imposed by any other law. 3-12 SECTION 9. Section 381.005, Health and Safety Code, is 3-13 amended by adding Subsection (a-1) to read as follows: 3-14 (a-1) In determining eligibility under Subsection (a)(3), 3-15 the compensation or reimbursement that a board member's spouse 3-16 receives as an employee of the board may not be considered. This 3-17 subsection does not affect any restriction on employment or board 3-18 membership imposed by any other law. 3-19 SECTION 10. Section 461.005, Health and Safety Code, is 3-20 amended by adding Subsection (a-1) to read as follows: 3-21 (a-1) In determining eligibility under Subsection (a)(4), 3-22 the compensation or reimbursement that a commission member's spouse 3-23 receives as an employee of the commission may not be considered. 3-24 This subsection does not affect any restriction on employment or 3-25 commission membership imposed by any other law. 3-26 SECTION 11. Section 532.004, Health and Safety Code, is 3-27 amended by adding Subsection (a-1) to read as follows: 4-1 (a-1) In determining eligibility under Subsection (a)(2)(A), 4-2 the compensation or reimbursement that a board member's spouse 4-3 receives as an employee of the board or of the department may not 4-4 be considered. This subsection does not affect any restriction on 4-5 employment or board membership imposed by any other law. 4-6 SECTION 12. Section 61.0121, Human Resources Code, is 4-7 amended by adding Subsection (a-1) to read as follows: 4-8 (a-1) In determining eligibility under Subsection (a)(3), 4-9 the compensation or reimbursement that a board member's spouse 4-10 receives as an employee of the board or of the commission may not 4-11 be considered. This subsection does not affect any restriction on 4-12 employment or board membership imposed by any other law. 4-13 SECTION 13. Section 81.002, Human Resources Code, is amended 4-14 by adding Subsection (g) to read as follows: 4-15 (g) In determining eligibility under Subsection (f)(3), the 4-16 compensation or reimbursement that a commission member's spouse 4-17 receives as an employee of the commission may not be considered. 4-18 This subsection does not affect any restriction on employment or 4-19 commission membership imposed by any other law. 4-20 SECTION 14. Section 91.011, Human Resources Code, is amended 4-21 by adding Subsection (a-1) to read as follows: 4-22 (a-1) In determining eligibility under Subsection (a)(3), 4-23 the compensation or reimbursement that a commission member's spouse 4-24 receives as an employee of the commission may not be considered. 4-25 This subsection does not affect any restriction on employment or 4-26 commission membership imposed by any other law. 4-27 SECTION 15. Section 101.001, Human Resources Code, is 5-1 amended by adding Subsection (b-1) to read as follows: 5-2 (b-1) In determining eligibility under Subsection (b)(3), 5-3 the compensation or reimbursement that a board member's spouse 5-4 receives as an employee of the board or of the department may not 5-5 be considered. This subsection does not affect any restriction on 5-6 employment or board membership imposed by any other law. 5-7 SECTION 16. Section 111.013, Human Resources Code, is 5-8 amended by adding Subsection (b-1) to read as follows: 5-9 (b-1) In determining eligibility under Subsection (b)(3), 5-10 the compensation or reimbursement that a commission member's spouse 5-11 receives as an employee of the commission may not be considered. 5-12 This subsection does not affect any restriction on employment or 5-13 commission membership imposed by any other law. 5-14 SECTION 17. Section 141.014, Human Resources Code, is 5-15 amended by adding Subsection (a-1) to read as follows: 5-16 (a-1) In determining eligibility under Subsection (a)(2), 5-17 the compensation or reimbursement that a commission member's spouse 5-18 receives as an employee of the commission may not be considered. 5-19 This subsection does not affect any restriction on employment or 5-20 commission membership imposed by any other law. 5-21 SECTION 18. Subchapter B, Chapter 11, Parks and Wildlife 5-22 Code, is amended by adding Section 11.01211 to read as follows: 5-23 Sec. 11.01211. EXCEPTION. In determining eligibility under 5-24 Section 11.0121(3) of this code, the compensation or reimbursement 5-25 that a commission member's spouse receives as an employee of the 5-26 commission or of the department may not be considered. This 5-27 section does not affect any restriction on employment or commission 6-1 membership imposed by any other law. 6-2 SECTION 19. Subchapter C, Chapter 5, Water Code, is amended 6-3 by adding Section 5.0531 to read as follows: 6-4 Sec. 5.0531. EXCEPTION. In determining eligibility under 6-5 Section 5.053(3) of this code, the compensation or reimbursement 6-6 that a commission member's spouse receives as an employee of the 6-7 commission may not be considered. This section does not affect any 6-8 restriction on employment or commission membership imposed by any 6-9 other law. 6-10 SECTION 20. Section 6.053, Water Code, is amended by adding 6-11 Subsection (c) to read as follows: 6-12 (c) In determining eligibility under Subsection (b)(3) of 6-13 this section, the compensation or reimbursement that a board 6-14 member's spouse receives as an employee of the board may not be 6-15 considered. This subsection does not affect any restriction on 6-16 employment or board membership imposed by any other law. 6-17 SECTION 21. Section 4, Public Accountancy Act of 1991 6-18 (Article 41a-1, Vernon's Texas Civil Statutes), is amended by 6-19 adding Subsection (a-2) to read as follows: 6-20 (a-2) In determining eligibility under Subsection (a-1)(4) 6-21 of this section, the compensation or reimbursement that a board 6-22 member's spouse receives as an employee of the board may not be 6-23 considered. This subsection does not affect any restriction on 6-24 employment or board membership imposed by any other law. 6-25 SECTION 22. Section 3, Texas Structural Pest Control Act 6-26 (Article 135b-6, Vernon's Texas Civil Statutes), is amended by 6-27 adding Subsection (f-1) to read as follows: 7-1 (f-1) In determining eligibility under Subsection (f)(4) of 7-2 this section, as amended by Section 3, Chapter 771, Acts of the 7-3 72nd Legislature, Regular Session, 1991, the compensation or 7-4 reimbursement that a board member's spouse receives as an employee 7-5 of the board may not be considered. This subsection does not 7-6 affect any restriction on employment or board membership imposed by 7-7 any other law. 7-8 SECTION 23. Section 2, Chapter 478, Acts of the 45th 7-9 Legislature, Regular Session, 1937 (Article 249a, Vernon's Texas 7-10 Civil Statutes), is amended by adding Subsection (f-1) to read as 7-11 follows: 7-12 (f-1) In determining eligibility under Subsection (f)(4) of 7-13 this section, the compensation or reimbursement that a Board 7-14 member's spouse receives as an employee of the Board may not be 7-15 considered. This subsection does not affect any restriction on 7-16 employment or Board membership imposed by any other law. 7-17 SECTION 24. Article 2, State Purchasing and General Services 7-18 Act (Article 601b, Vernon's Texas Civil Statutes), is amended by 7-19 adding Section 2.021 to read as follows: 7-20 Sec. 2.021. EXCEPTION. In determining eligibility under 7-21 Section 2.02(3) of this Act, the compensation or reimbursement that 7-22 a commission member's spouse receives as an employee of the 7-23 commission may not be considered. This section does not affect any 7-24 restriction on employment or commission membership imposed by any 7-25 other law. 7-26 SECTION 25. Section 4, State Aircraft Pooling Act (Article 7-27 4413(34b), Vernon's Texas Civil Statutes), is amended by adding 8-1 Subsection (d-1) to read as follows: 8-2 (d-1) In determining eligibility under Subsection (d)(3) of 8-3 this section, the compensation or reimbursement that a board 8-4 member's spouse receives as an employee of the board may not be 8-5 considered. This subsection does not affect any restriction on 8-6 employment or board membership imposed by any other law. 8-7 SECTION 26. Part 1, Article 4413(501), Revised Statutes, is 8-8 amended by adding Section 1.08A to read as follows: 8-9 Sec. 1.08A. EXCEPTION. In determining eligibility under 8-10 Section 1.08(3) of this article, the compensation or reimbursement 8-11 that a board member's spouse receives as an employee of the board 8-12 or of the department may not be considered. This section does not 8-13 affect any restriction on employment or board membership imposed by 8-14 any other law. 8-15 SECTION 27. Section 3, Article 4413(503), Revised Statutes, 8-16 is amended by adding Subsection (d-1) to read as follows: 8-17 (d-1) In determining eligibility under Subsection (d)(3) of 8-18 this section, the compensation or reimbursement that a board 8-19 member's spouse receives as an employee of the board or of the 8-20 department may not be considered. This subsection does not affect 8-21 any restriction on employment or board membership imposed by any 8-22 other law. 8-23 SECTION 28. Section 3, Article 4413(504), Revised Statutes, 8-24 is amended by adding Subsection (d-1) to read as follows: 8-25 (d-1) In determining eligibility under Subsection (d)(3) of 8-26 this section, the compensation or reimbursement that a board 8-27 member's spouse receives as an employee of the board or of the 9-1 department may not be considered. This subsection does not affect 9-2 any restriction on employment or board membership imposed by any 9-3 other law. 9-4 SECTION 29. Subsection A, Section 2, Chapter 251, Acts of 9-5 the 53rd Legislature, Regular Session, 1953 (Article 4582b, 9-6 Vernon's Texas Civil Statutes), is amended by adding Subdivision 9-7 (1a) to read as follows: 9-8 (1a) In determining eligibility under Subsection 9-9 A(1)(d) of this section, the compensation or reimbursement that a 9-10 commissioner's spouse receives as an employee of the commission may 9-11 not be considered. This subsection does not affect any restriction 9-12 on employment or commission membership imposed by any other law. 9-13 SECTION 30. Section 3.01, Commission on Human Rights Act 9-14 (Article 5221k, Vernon's Texas Civil Statutes), is amended by 9-15 adding Subsection (e-1) to read as follows: 9-16 (e-1) In determining eligibility under Subsection (e)(3) of 9-17 this section, the compensation or reimbursement that a commission 9-18 member's spouse receives as an employee of the commission may not 9-19 be considered. This subsection does not affect any restriction on 9-20 employment or commission membership imposed by any other law. 9-21 SECTION 31. Section 6, Professional Land Surveying Practices 9-22 Act (Article 5282c, Vernon's Texas Civil Statutes), is amended by 9-23 adding Subsection (e-1) to read as follows: 9-24 (e-1) In determining eligibility under Subsection (e)(4) of 9-25 this section, the compensation or reimbursement that a board 9-26 member's spouse receives as an employee of the board may not be 9-27 considered. This subsection does not affect any restriction on 10-1 employment or board membership imposed by any other law. 10-2 SECTION 32. Section 1, Chapter 32, Acts of the 62nd 10-3 Legislature, Regular Session, 1971 (Article 6252-6b, Vernon's Texas 10-4 Civil Statutes), is amended by adding Subsection (b-1) to read as 10-5 follows: 10-6 (b-1) In determining eligibility under Subsection (b)(3) of 10-7 this section, the compensation or reimbursement that a Board 10-8 member's spouse receives as an employee of the Board or of the 10-9 agency may not be considered. This subsection does not affect any 10-10 restriction on employment or Board membership imposed by any other 10-11 law. 10-12 SECTION 33. Section 5, The Real Estate License Act (Article 10-13 6573a, Vernon's Texas Civil Statutes), is amended by adding 10-14 Subsection (c-1) to read as follows: 10-15 (c-1) In determining eligibility under Subsection (c)(4) of 10-16 this section, the compensation or reimbursement that a commission 10-17 member's spouse receives as an employee of the commission may not 10-18 be considered. This subsection does not affect any restriction on 10-19 employment or commission membership imposed by any other law. 10-20 SECTION 34. Article 6664, Revised Statutes, is amended by 10-21 adding Subsection (j-1) to read as follows: 10-22 (j-1) In determining eligibility under Subsection (j)(3) of 10-23 this article, the compensation or reimbursement that a Commission 10-24 member's spouse receives as an employee of the Commission or of the 10-25 Department may not be considered. This subsection does not affect 10-26 any restriction on employment or Commission membership imposed by 10-27 any other law. 11-1 SECTION 35. Section 3, Chapter 410, Acts of the 53rd 11-2 Legislature, Regular Session, 1953 (Article 6674v, Vernon's Texas 11-3 Civil Statutes), is amended by adding Subsection (c-1) to read as 11-4 follows: 11-5 (c-1) In determining eligibility under Subsection (c)(4) of 11-6 this section, the compensation or reimbursement that a Director's 11-7 spouse receives as an employee of the Board or of the Authority may 11-8 not be considered. This subsection does not affect any restriction 11-9 on employment or Board membership imposed by any other law. 11-10 SECTION 36. Section 26, Chapter 65, Acts of the 41st 11-11 Legislature, 1st Called Session, 1929 (Article 8407a, Vernon's 11-12 Texas Civil Statutes), is amended by adding Subsection (b-1) to 11-13 read as follows: 11-14 (b-1) In determining eligibility under Subsection (b)(4) of 11-15 this section, the compensation or reimbursement that a board 11-16 member's spouse receives as an employee of the board may not be 11-17 considered. This subsection does not affect any restriction on 11-18 employment or board membership imposed by any other law. 11-19 SECTION 37. Section 2, Chapter 1036, Acts of the 62nd 11-20 Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas 11-21 Civil Statutes), is amended by adding Subsection (a-1) to read as 11-22 follows: 11-23 (a-1) In determining eligibility under Subsection (a)(4) of 11-24 this section, the compensation or reimbursement that a commission 11-25 member's spouse receives as an employee of the commission may not 11-26 be considered. This subsection does not affect any restriction on 11-27 employment or commission membership imposed by any other law. 12-1 SECTION 38. Article 9100, Revised Statutes, is amended by 12-2 adding Section 5A to read as follows: 12-3 Sec. 5A. EXCEPTION. In determining eligibility under 12-4 Section 5(4) of this article, the compensation or reimbursement 12-5 that a commission member's spouse receives as an employee of the 12-6 commission or of the department may not be considered. This 12-7 section does not affect any restriction on employment or commission 12-8 membership imposed by any other law. 12-9 SECTION 39. The importance of this legislation and the 12-10 crowded condition of the calendars in both houses create an 12-11 emergency and an imperative public necessity that the 12-12 constitutional rule requiring bills to be read on three several 12-13 days in each house be suspended, and this rule is hereby suspended, 12-14 and that this Act take effect and be in force from and after its 12-15 passage, and it is so enacted.