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."