79R1727 ATP-D

By:  Smithee                                                      H.B. No. 336

relating to the declination of compensation by a candidate for constable. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter D, Chapter 152, Local Government Code, is amended by adding Section 152.0525 to read as follows: Sec. 152.0525. CANDIDATE FOR CONSTABLE MAY DECLINE COMPENSATION. (a) In this section, "compensation" includes salary paid and benefits provided to a person for that person's service as an officer. (b) A person who is a candidate for constable may, at any time before the election, file with the county clerk an affidavit stating that the person elects to decline the compensation that would be paid to the person during the following term of office for the person's service as constable if the person were elected to the office of constable. The county clerk promptly shall send a copy of the affidavit to the county payroll officer. (c) If a person who declines compensation under Subsection (b) is elected to the office of constable for the term of office for which compensation was declined, the declination takes effect on the date the person takes office and continues in effect for that term of office. The officer may not revoke the declination during that term of office. SECTION 2. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2005.