79R1727 ATP-D

By:  Smithee                                                      H.B. No. 336



A BILL TO BE ENTITLED

AN ACT

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.