1-1 By: Craddick (Senate Sponsor - Montford) H.B. No. 736 1-2 (In the Senate - Received from the House March 27, 1995; 1-3 March 29, 1995, read first time and referred to Committee on State 1-4 Affairs; April 21, 1995, reported favorably by the following vote: 1-5 Yeas 10, Nays 0; April 21, 1995, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to the declination of remuneration by elected or appointed 1-9 state officers. 1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-11 SECTION 1. Subchapter A, Chapter 659, Government Code, is 1-12 amended by adding Section 659.003 to read as follows: 1-13 Sec. 659.003. OFFICER MAY DECLINE REMUNERATION. (a) In 1-14 this section: 1-15 (1) "Officer" means an elected officer or appointed 1-16 officer, as those terms are defined by Chapter 572. The term 1-17 includes a person who has received a certificate of election to 1-18 such an office or who has been appointed or nominated to such an 1-19 office but has not been confirmed. 1-20 (2) "Remuneration" includes salary, compensatory per 1-21 diem, expense per diem, reimbursement for expenses, longevity pay, 1-22 and fees. 1-23 (b) An officer may decline remuneration associated with the 1-24 office. To decline remuneration, the officer shall execute a 1-25 declination form prescribed by the secretary of state. The form 1-26 shall be designed to permit the person to decline all remuneration 1-27 or to decline particular remuneration from among various types 1-28 associated with the office. The form shall be filed with the 1-29 secretary of state. 1-30 (c) A declination is effective on the date it is filed with 1-31 the secretary of state. 1-32 (d) A declination filed after an officer has qualified for 1-33 office may be revoked at any time. A declination filed before a 1-34 person has qualified for office may not be revoked during the term 1-35 of office to which the person is appointed or elected. 1-36 (e) A person who has irrevocably declined remuneration under 1-37 this section is not considered to be compensated directly or 1-38 indirectly for purposes of state law, except that declination of 1-39 remuneration under this section does not change the character of an 1-40 office as an office of emolument or a lucrative office for purposes 1-41 of a provision of the Texas Constitution. 1-42 SECTION 2. The importance of this legislation and the 1-43 crowded condition of the calendars in both houses create an 1-44 emergency and an imperative public necessity that the 1-45 constitutional rule requiring bills to be read on three several 1-46 days in each house be suspended, and this rule is hereby suspended, 1-47 and that this Act take effect and be in force from and after its 1-48 passage, and it is so enacted. 1-49 * * * * *