BILL ANALYSIS


                                                         H.B. 736
                                          By: Craddick (Montford)
                                                    State Affairs
                                                          4-22-95
                              Senate Committee Report (Unamended)
BACKGROUND

Currently, no mechanism exists for an elected or appointed official
to voluntarily decline payment for services rendered.

PURPOSE

As proposed, H.B. 736 authorizes an elected or appointed official
to decline all or part of the official's pay.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 659A, Government Code, by adding Section
659.003, as follows:

     Sec. 659.003.  OFFICER MAY DECLINE REMUNERATION.  (a)  Defines
     "officer" and "remuneration."
     
     (b)  Authorizes an officer to decline remuneration
       associated with the office.  Requires the officer to execute
       a declination form prescribed by the secretary of state to
       decline remuneration.  Requires the form to be designed to
       permit the person to decline all remuneration or to decline
       particular remuneration from among various types associated
       with the officer.  Requires the form to be filed with the
       secretary of state.
       
       (c)  Provides that a declination is effective on the date it
       is filed with the secretary of state.
       
       (d)  Authorizes a declination filed after an officer has
       qualified for office to be revoked at any time.  Prohibits
       a declination filed before a person has qualified for office
       from being revoked during the term of office to which the
       person is appointed or elected.
       
       (e)  Provides that a person who has irrevocably declined
       remuneration under this section is not considered to be
       compensated directly or indirectly for purposes of state
       law, except that declination of remuneration under this
       section does not change the character of an office as an
       office of emolument or a lucrative office for purposes of a
       provision of the Texas Constitution.
       
SECTION 2. Emergency clause.
           Effective date: upon passage.