Texas 2019 - 86th Regular

Texas House Bill HJR57 Compare Versions

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11 86R5255 BEF-D
22 By: Hinojosa H.J.R. No. 57
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55 A JOINT RESOLUTION
66 proposing a constitutional amendment to set the salaries of members
77 of the legislature and the lieutenant governor based on the average
88 public school teacher salary in this state.
99 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1010 SECTION 1. Sections 24(a) and (c), Article III, Texas
1111 Constitution, are amended to read as follows:
1212 (a) Members of the Legislature shall receive from the Public
1313 Treasury a salary in an amount determined [of Six Hundred Dollars
1414 ($600) per month, unless a greater amount is recommended] by the
1515 Texas Ethics Commission under Section 24a(g) of this article [and
1616 approved by the voters of this State in which case the salary is
1717 that amount. Each member shall also receive a per diem set by the
1818 Texas Ethics Commission for each day during each Regular and
1919 Special Session of the Legislature].
2020 (c) In addition to a salary [the per diem] the Members of
2121 each House shall be entitled to mileage at the same rate as
2222 prescribed by law for employees of the State of Texas.
2323 SECTION 2. Section 24a, Article III, Texas Constitution, is
2424 amended by adding Subsection (g) to read as follows:
2525 (g) The commission shall set the annual salary of the
2626 members of the legislature, including the speaker of the house of
2727 representatives, in an amount equal to the average salary paid to a
2828 full-time certified classroom teacher in the public free schools of
2929 this state for the preceding school year as determined by the
3030 commission from available information and shall establish the date
3131 on which the annual change in salary takes effect each year.
3232 SECTION 3. Section 28, Article III, Texas Constitution, is
3333 amended to read as follows:
3434 Sec. 28. The Legislature shall, at its first regular
3535 session after the publication of each United States decennial
3636 census, apportion the state into senatorial and representative
3737 districts, agreeable to the provisions of Sections 25 and 26 of this
3838 Article. In the event the Legislature shall at any such first
3939 regular session following the publication of a United States
4040 decennial census, fail to make such apportionment, same shall be
4141 done by the Legislative Redistricting Board of Texas, which is
4242 hereby created, and shall be composed of five (5) members, as
4343 follows: The Lieutenant Governor, the Speaker of the House of
4444 Representatives, the Attorney General, the Comptroller of Public
4545 Accounts and the Commissioner of the General Land Office, a
4646 majority of whom shall constitute a quorum. Said Board shall
4747 assemble in the City of Austin within ninety (90) days after the
4848 final adjournment of such regular session. The Board shall, within
4949 sixty (60) days after assembling, apportion the state into
5050 senatorial and representative districts, or into senatorial or
5151 representative districts, as the failure of action of such
5252 Legislature may make necessary. Such apportionment shall be in
5353 writing and signed by three (3) or more of the members of the Board
5454 duly acknowledged as the act and deed of such Board, and, when so
5555 executed and filed with the Secretary of State, shall have force and
5656 effect of law. Such apportionment shall become effective at the
5757 next succeeding statewide general election. The Supreme Court of
5858 Texas shall have jurisdiction to compel such Board to perform its
5959 duties in accordance with the provisions of this section by writ of
6060 mandamus or other extraordinary writs conformable to the usages of
6161 law. The Legislature shall provide necessary funds for clerical
6262 and technical aid and for other expenses incidental to the work of
6363 the Board, and the Lieutenant Governor and the Speaker of the House
6464 of Representatives shall be entitled to receive [per diem and]
6565 travel expense during the Board's session in the same manner and
6666 amount as they would receive while attending a special session of
6767 the Legislature.
6868 SECTION 4. Section 17(b), Article IV, Texas Constitution,
6969 is amended to read as follows:
7070 (b) The Lieutenant Governor shall, while acting as
7171 President of the Senate, receive for his or her services the same
7272 compensation and mileage which shall be allowed to the members of
7373 the Senate[, and no more unless the Texas Ethics Commission
7474 recommends and the voters approve a higher salary, in which case the
7575 salary is that amount]; and during the time the Lieutenant Governor
7676 exercises the powers and authority appertaining to the office of
7777 Governor, the Lieutenant Governor shall receive in like manner the
7878 same compensation which the Governor would have received had the
7979 Governor been employed in the duties of that office, and no more.
8080 An increase in the emoluments of the office of Lieutenant Governor
8181 does not make a member of the Legislature ineligible to serve in the
8282 office of Lieutenant Governor.
8383 SECTION 5. Sections 24a(e) and (f), Article III, Texas
8484 Constitution, are repealed.
8585 SECTION 6. The following temporary provision is added to
8686 the Texas Constitution:
8787 TEMPORARY PROVISION. (a) This temporary provision applies to
8888 the constitutional amendment proposed by the 86th Legislature,
8989 Regular Session, 2019, setting the salaries of members of the
9090 legislature and the lieutenant governor based on the average public
9191 school teacher salary in this state.
9292 (b) Except as otherwise provided by Subsections (c) and (d)
9393 of this temporary provision, the amendments to Sections 24, 24a,
9494 and 28, Article III, and Section 17, Article IV, of this
9595 constitution take effect September 1, 2020, and apply to salaries
9696 on and after that date.
9797 (c) Except as otherwise provided by Subsection (d) of this
9898 temporary provision, Section 24a(g), Article III, of this
9999 constitution takes effect January 1, 2020, and applies to salaries
100100 on and after September 1, 2020.
101101 (d) The constitutional amendment described by Subsection
102102 (a) of this temporary provision does not apply to an individual who
103103 was a member of the legislature, including the speaker of the house
104104 of representatives, or the lieutenant governor during all or part
105105 of the 86th Legislature, Regular Session, 2019. The salary and per
106106 diem for any future service as a member of the legislature, as the
107107 speaker of the house of representatives, or as the lieutenant
108108 governor, including service on the Legislative Redistricting Board
109109 of Texas, by an individual to whom this subsection applies shall be
110110 determined in accordance with Sections 24, 24a, and 28, Article
111111 III, and Section 17, Article IV, of this constitution, as those
112112 provisions existed on November 4, 2019.
113113 SECTION 7. This proposed constitutional amendment shall be
114114 submitted to the voters at an election to be held November 5, 2019.
115115 The ballot shall be printed to permit voting for or against the
116116 proposition: "The constitutional amendment setting the salaries of
117117 members of the legislature and the lieutenant governor based on the
118118 average public school teacher salary in this state."