HBA-NLM H.J.R. 40 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.J.R. 40
By: Tillery
State Affairs
3/24/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, voters have to approve a change in salary for statewide and
county officials. Upon the approval of the voters, the salary change takes
effect January 1 of the year following the election. For statewide
officials serving a four year term, this change in salary may take place
during that term. There is concern that an official may influence a pay
raise for a position for which compensation was known to the official
before being elected.  As proposed, H.J.R. 40 requires the submission to
the voters of a constitutional amendment to provide that an approved salary
change takes effect at the beginning of the next regular term of each
affected office that begins after the date of the election, rather than
January 1 of the next odd-numbered year.  H.J.R. 40 also provides that the
salary for the remainder of the term being served on the date of the
election continues at the amount paid immediately before the election for
each affected office. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 24a(f), Article III, Texas Constitution, to
provide that the approved salary takes effect at the beginning of the next
regular term of each affected office that begins after the date of the
election, rather than January 1 of the next odd-numbered year.  Provides
that the salary for the remainder of the term being served on the date of
the election continues at the amount paid immediately before the election
for each affected office. 

SECTION 2. Amends Section 61-a, Article III, Texas Constitution, to
prohibit an increase in the compensation of a state office that is filled
by statewide election from being effective during the term of office being
served when the increase is adopted.  Provides an exception for a governing
body or court having more than one position to which this subsection
applies and authorizes an increase in the compensation of all the members
of the governing body or court to be effective at the beginning of the next
regular term of office for one or more of its members that begins after the
increase is adopted.  Provides that for the purposes of this subsection, an
increase is considered to be adopted when the act is approved by the
governor or becomes law without the approval of the governor under Section
14 (Approval or Disapproval of Bills; Return and Reconsideration; Failure
to Return; Disapproval of Items of Appropriation), Article IV, of this
constitution. 

SECTION 3.  Requires this proposed constitutional amendment to be submitted
to the voters at an election to be held November 2, 1999.  Sets forth the
required language for the ballot.