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.
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