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.