By Craddick                                            H.B. No. 736
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the declination of remuneration by elected or appointed
    1-3  state officers.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Subchapter A, Chapter 659, Government Code, is
    1-6  amended by adding Section 659.003 to read as follows:
    1-7        Sec. 659.003.  OFFICER MAY DECLINE REMUNERATION.  (a)  In
    1-8  this section:
    1-9              (1)  "Officer" means an elected officer or appointed
   1-10  officer, as those terms are defined by Chapter 572.  The term
   1-11  includes a person who has received a certificate of election to
   1-12  such an office or who has been appointed or nominated to such an
   1-13  office but has not been confirmed.
   1-14              (2)  "Remuneration" includes salary, compensatory per
   1-15  diem, expense per diem, reimbursement for expenses, longevity pay,
   1-16  and fees.
   1-17        (b)  An officer may decline remuneration associated with the
   1-18  office.  To decline remuneration, the officer shall execute a
   1-19  declination form prescribed by the secretary of state.  The form
   1-20  shall be designed to permit the person to decline all remuneration
   1-21  or to decline particular remuneration from among various types
   1-22  associated with the office.  The form shall be filed with the
   1-23  secretary of state.
   1-24        (c)  A declination is effective on the date it is filed with
    2-1  the secretary of state.
    2-2        (d)  A declination filed after an officer has qualified for
    2-3  office may be revoked at any time.  A declination filed before a
    2-4  person has qualified for office may not be revoked during the term
    2-5  of office to which the person is appointed or elected.
    2-6        (e)  A person who has irrevocably declined remuneration under
    2-7  this section is not considered to be compensated directly or
    2-8  indirectly for purposes of state law, except that declination of
    2-9  remuneration under this section does not change the character of an
   2-10  office as an office of emolument or a lucrative office for purposes
   2-11  of a provision of the Texas Constitution.
   2-12        SECTION 2.  The importance of this legislation and the
   2-13  crowded condition of the calendars in both houses create an
   2-14  emergency and an imperative public necessity that the
   2-15  constitutional rule requiring bills to be read on three several
   2-16  days in each house be suspended, and this rule is hereby suspended,
   2-17  and that this Act take effect and be in force from and after its
   2-18  passage, and it is so enacted.