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.