By Bailey H.J.R. No. 113
75R4458 JSA-D
A JOINT RESOLUTION
1-1 proposing a constitutional amendment relating to legislative
1-2 elections and campaign finances, standards of conduct for
1-3 legislators and legislative staff, conflicts of interest by
1-4 legislators, and the compensation of legislators and the lieutenant
1-5 governor.
1-6 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. Article III, Texas Constitution, is amended by
1-8 adding Sections 22a, 22b, 22c, 22d, 22e, and 22f to read as
1-9 follows:
1-10 Sec. 22a. A member of the legislature may not represent any
1-11 person for compensation before a board, commission, or agency of
1-12 this state. This section does not prohibit the representation by a
1-13 member of the legislature of a person in a judicial proceeding
1-14 before a court.
1-15 Sec. 22b. (a) A member of the legislature or an employee or
1-16 officer of the legislature or of a legislative agency may not have
1-17 a significant interest in a contract:
1-18 (1) with this state, including a state board,
1-19 commission, or agency; or
1-20 (2) with a person who has a contract with this state,
1-21 including a contract with a state board, commission, or agency, if
1-22 the contract in which the legislative member, officer, or employee
1-23 has an interest is primarily to perform or assist in the
1-24 performance of all or part of the other person's contract with this
2-1 state or to supply property, materials, or services to that person
2-2 to assist the person to perform the contract with this state.
2-3 (b) A contract entered into in violation of this section is
2-4 void.
2-5 (c) The Texas Ethics Commission shall define the
2-6 circumstances in which a legislative member, officer, or employee
2-7 would have an interest in a contract prohibited by this section.
2-8 Sec. 22c. A member of the legislature may not be employed by
2-9 an individual who is, or by a company, firm, association, business,
2-10 or other legal entity the principals of which are, registered under
2-11 state law requiring the registration of persons or entities that
2-12 intend or attempt to influence state legislative or administrative
2-13 action.
2-14 Sec. 22d. (a) A candidate in an election for the Texas
2-15 House of Representatives may not accept a total amount of campaign
2-16 contributions from political action committees that exceeds $50,000
2-17 in connection with that election, including primary elections or
2-18 run-off elections held in connection with the election.
2-19 (b) A candidate in an election for the Texas Senate may not
2-20 accept a total amount of campaign contributions from political
2-21 action committees that exceeds $150,000 in connection with that
2-22 election, including primary elections or run-off elections held in
2-23 connection with the election.
2-24 (c) For purposes of this section, a political action
2-25 committee is an organization or association that has as one of its
2-26 principal purposes or activities the endorsement, support, or
2-27 assistance of, or opposition to, one or more candidates for public
3-1 office. The Texas Ethics Commission shall adopt guidelines for the
3-2 administration of this section, and may establish administrative
3-3 penalties for a candidate who violates this section or the
3-4 commission's guidelines.
3-5 Sec. 22e. (a) A member of the legislature may not spend
3-6 campaign or office holder contributions for any purpose other than:
3-7 (1) to pay expenses incurred in conducting a political
3-8 campaign; or
3-9 (2) to cover expenses incurred by the member as the
3-10 direct result of legislative service, other than food, lodging, or
3-11 other living expenses incurred by the member during the member's
3-12 service.
3-13 (b) This section does not prohibit the legislature from
3-14 providing for the disposition or donation of unspent campaign or
3-15 office holder contributions by a member or former member of the
3-16 legislature under general law.
3-17 (c) For purposes of this section, a campaign or office
3-18 holder contribution means money or another thing of value
3-19 contributed to or received by the member for the member's political
3-20 campaign or to assist the member to defray the member's expenses
3-21 incurred while serving in public office. The Texas Ethics
3-22 Commission shall establish guidelines for the administration of
3-23 this section.
3-24 Sec. 22f. Sections 22a, 22b, 22c, 22d, and 22e of this
3-25 article do not limit the authority of the legislature by general
3-26 law to enact additional standards or limitations relating to the
3-27 matters governed by those sections, or to impose additional
4-1 penalties or enforcement procedures relating to those matters.
4-2 SECTION 2. Subsection (a), Section 24, Article III, Texas
4-3 Constitution, is amended to read as follows:
4-4 (a) Members of the Legislature shall receive from the Public
4-5 Treasury a salary prescribed [of Six Hundred Dollars ($600) per
4-6 month, unless a greater amount is recommended] by the Texas Ethics
4-7 Commission under Section 24a of this article [and approved by the
4-8 voters of this State in which case the salary is that amount].
4-9 Each member shall also receive a per diem set by the Texas Ethics
4-10 Commission for each day during each Regular and Special Session of
4-11 the Legislature.
4-12 SECTION 3. (a) Subsection (e), Section 24a, Article III,
4-13 Texas Constitution, is amended to read as follows:
4-14 (e) The commission shall prescribe [may recommend] the
4-15 annual salary of the members of the legislature at an amount equal
4-16 to the average annual compensation of a full-time classroom teacher
4-17 in the public primary and secondary schools of this state for the
4-18 most recent school year as determined by the State Board of
4-19 Education. The commission [and] may set [recommend that] the
4-20 salary of the speaker of the house of representatives and the
4-21 lieutenant governor [be set] at an amount higher than that of other
4-22 members. The commission shall set the per diem of members of the
4-23 legislature and the lieutenant governor, and the per diem shall
4-24 reflect reasonable estimates of costs and may be raised or lowered
4-25 biennially as necessary to pay those costs, but the per diem may
4-26 not exceed during a calendar year the amount allowed as of January
4-27 1 of that year for federal income tax purposes as a deduction for
5-1 living expenses incurred in a legislative day by a state legislator
5-2 in connection with the legislator's business as a legislator,
5-3 disregarding any exception in federal law for legislators residing
5-4 near the Capitol.
5-5 (b) Subsection (f), Section 24a, Article III, Texas
5-6 Constitution, is repealed.
5-7 SECTION 4. Section 17(b), Article IV, Texas Constitution, is
5-8 amended to read as follows:
5-9 (b) The Lieutenant Governor shall, while he acts as
5-10 President of the Senate, receive for his services the same
5-11 compensation and mileage which shall be allowed to the members of
5-12 the Senate, and no more unless the Texas Ethics Commission
5-13 prescribes [recommends and the voters approve] a higher salary, in
5-14 which case the salary is that amount; and during the time he
5-15 administers the Government, as Governor, he shall receive in like
5-16 manner the same compensation which the Governor would have received
5-17 had he been employed in the duties of his office, and no more. An
5-18 increase in the emoluments of the office of Lieutenant Governor
5-19 does not make a member of the Legislature ineligible to serve in
5-20 the office of Lieutenant Governor.
5-21 SECTION 5. This proposed constitutional amendment shall be
5-22 submitted to the voters at an election to be held on November 4,
5-23 1997. The ballot shall be printed to permit voting for or against
5-24 the following proposition: "The constitutional amendment
5-25 establishing standards of conduct and conflict of interest
5-26 prohibitions for members of the legislature and legislative staff,
5-27 regulating campaign contributions and expenditures of contributions
6-1 by legislators and candidates for the legislature, and providing
6-2 for a legislator to receive a salary equal to the average salary of
6-3 a public school classroom teacher in this state."