1 | 1 | | 86R5255 BEF-D |
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2 | 2 | | By: Hinojosa H.J.R. No. 57 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A JOINT RESOLUTION |
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6 | 6 | | proposing a constitutional amendment to set the salaries of members |
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7 | 7 | | of the legislature and the lieutenant governor based on the average |
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8 | 8 | | public school teacher salary in this state. |
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9 | 9 | | BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 10 | | SECTION 1. Sections 24(a) and (c), Article III, Texas |
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11 | 11 | | Constitution, are amended to read as follows: |
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12 | 12 | | (a) Members of the Legislature shall receive from the Public |
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13 | 13 | | Treasury a salary in an amount determined [of Six Hundred Dollars |
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14 | 14 | | ($600) per month, unless a greater amount is recommended] by the |
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15 | 15 | | Texas Ethics Commission under Section 24a(g) of this article [and |
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16 | 16 | | approved by the voters of this State in which case the salary is |
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17 | 17 | | that amount. Each member shall also receive a per diem set by the |
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18 | 18 | | Texas Ethics Commission for each day during each Regular and |
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19 | 19 | | Special Session of the Legislature]. |
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20 | 20 | | (c) In addition to a salary [the per diem] the Members of |
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21 | 21 | | each House shall be entitled to mileage at the same rate as |
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22 | 22 | | prescribed by law for employees of the State of Texas. |
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23 | 23 | | SECTION 2. Section 24a, Article III, Texas Constitution, is |
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24 | 24 | | amended by adding Subsection (g) to read as follows: |
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25 | 25 | | (g) The commission shall set the annual salary of the |
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26 | 26 | | members of the legislature, including the speaker of the house of |
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27 | 27 | | representatives, in an amount equal to the average salary paid to a |
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28 | 28 | | full-time certified classroom teacher in the public free schools of |
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29 | 29 | | this state for the preceding school year as determined by the |
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30 | 30 | | commission from available information and shall establish the date |
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31 | 31 | | on which the annual change in salary takes effect each year. |
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32 | 32 | | SECTION 3. Section 28, Article III, Texas Constitution, is |
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33 | 33 | | amended to read as follows: |
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34 | 34 | | Sec. 28. The Legislature shall, at its first regular |
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35 | 35 | | session after the publication of each United States decennial |
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36 | 36 | | census, apportion the state into senatorial and representative |
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37 | 37 | | districts, agreeable to the provisions of Sections 25 and 26 of this |
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38 | 38 | | Article. In the event the Legislature shall at any such first |
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39 | 39 | | regular session following the publication of a United States |
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40 | 40 | | decennial census, fail to make such apportionment, same shall be |
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41 | 41 | | done by the Legislative Redistricting Board of Texas, which is |
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42 | 42 | | hereby created, and shall be composed of five (5) members, as |
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43 | 43 | | follows: The Lieutenant Governor, the Speaker of the House of |
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44 | 44 | | Representatives, the Attorney General, the Comptroller of Public |
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45 | 45 | | Accounts and the Commissioner of the General Land Office, a |
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46 | 46 | | majority of whom shall constitute a quorum. Said Board shall |
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47 | 47 | | assemble in the City of Austin within ninety (90) days after the |
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48 | 48 | | final adjournment of such regular session. The Board shall, within |
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49 | 49 | | sixty (60) days after assembling, apportion the state into |
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50 | 50 | | senatorial and representative districts, or into senatorial or |
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51 | 51 | | representative districts, as the failure of action of such |
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52 | 52 | | Legislature may make necessary. Such apportionment shall be in |
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53 | 53 | | writing and signed by three (3) or more of the members of the Board |
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54 | 54 | | duly acknowledged as the act and deed of such Board, and, when so |
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55 | 55 | | executed and filed with the Secretary of State, shall have force and |
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56 | 56 | | effect of law. Such apportionment shall become effective at the |
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57 | 57 | | next succeeding statewide general election. The Supreme Court of |
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58 | 58 | | Texas shall have jurisdiction to compel such Board to perform its |
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59 | 59 | | duties in accordance with the provisions of this section by writ of |
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60 | 60 | | mandamus or other extraordinary writs conformable to the usages of |
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61 | 61 | | law. The Legislature shall provide necessary funds for clerical |
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62 | 62 | | and technical aid and for other expenses incidental to the work of |
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63 | 63 | | the Board, and the Lieutenant Governor and the Speaker of the House |
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64 | 64 | | of Representatives shall be entitled to receive [per diem and] |
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65 | 65 | | travel expense during the Board's session in the same manner and |
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66 | 66 | | amount as they would receive while attending a special session of |
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67 | 67 | | the Legislature. |
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68 | 68 | | SECTION 4. Section 17(b), Article IV, Texas Constitution, |
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69 | 69 | | is amended to read as follows: |
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70 | 70 | | (b) The Lieutenant Governor shall, while acting as |
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71 | 71 | | President of the Senate, receive for his or her services the same |
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72 | 72 | | compensation and mileage which shall be allowed to the members of |
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73 | 73 | | the Senate[, and no more unless the Texas Ethics Commission |
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74 | 74 | | recommends and the voters approve a higher salary, in which case the |
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75 | 75 | | salary is that amount]; and during the time the Lieutenant Governor |
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76 | 76 | | exercises the powers and authority appertaining to the office of |
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77 | 77 | | Governor, the Lieutenant Governor shall receive in like manner the |
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78 | 78 | | same compensation which the Governor would have received had the |
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79 | 79 | | Governor been employed in the duties of that office, and no more. |
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80 | 80 | | An increase in the emoluments of the office of Lieutenant Governor |
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81 | 81 | | does not make a member of the Legislature ineligible to serve in the |
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82 | 82 | | office of Lieutenant Governor. |
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83 | 83 | | SECTION 5. Sections 24a(e) and (f), Article III, Texas |
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84 | 84 | | Constitution, are repealed. |
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85 | 85 | | SECTION 6. The following temporary provision is added to |
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86 | 86 | | the Texas Constitution: |
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87 | 87 | | TEMPORARY PROVISION. (a) This temporary provision applies to |
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88 | 88 | | the constitutional amendment proposed by the 86th Legislature, |
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89 | 89 | | Regular Session, 2019, setting the salaries of members of the |
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90 | 90 | | legislature and the lieutenant governor based on the average public |
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91 | 91 | | school teacher salary in this state. |
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92 | 92 | | (b) Except as otherwise provided by Subsections (c) and (d) |
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93 | 93 | | of this temporary provision, the amendments to Sections 24, 24a, |
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94 | 94 | | and 28, Article III, and Section 17, Article IV, of this |
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95 | 95 | | constitution take effect September 1, 2020, and apply to salaries |
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96 | 96 | | on and after that date. |
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97 | 97 | | (c) Except as otherwise provided by Subsection (d) of this |
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98 | 98 | | temporary provision, Section 24a(g), Article III, of this |
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99 | 99 | | constitution takes effect January 1, 2020, and applies to salaries |
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100 | 100 | | on and after September 1, 2020. |
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101 | 101 | | (d) The constitutional amendment described by Subsection |
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102 | 102 | | (a) of this temporary provision does not apply to an individual who |
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103 | 103 | | was a member of the legislature, including the speaker of the house |
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104 | 104 | | of representatives, or the lieutenant governor during all or part |
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105 | 105 | | of the 86th Legislature, Regular Session, 2019. The salary and per |
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106 | 106 | | diem for any future service as a member of the legislature, as the |
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107 | 107 | | speaker of the house of representatives, or as the lieutenant |
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108 | 108 | | governor, including service on the Legislative Redistricting Board |
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109 | 109 | | of Texas, by an individual to whom this subsection applies shall be |
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110 | 110 | | determined in accordance with Sections 24, 24a, and 28, Article |
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111 | 111 | | III, and Section 17, Article IV, of this constitution, as those |
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112 | 112 | | provisions existed on November 4, 2019. |
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113 | 113 | | SECTION 7. This proposed constitutional amendment shall be |
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114 | 114 | | submitted to the voters at an election to be held November 5, 2019. |
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115 | 115 | | The ballot shall be printed to permit voting for or against the |
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116 | 116 | | proposition: "The constitutional amendment setting the salaries of |
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117 | 117 | | members of the legislature and the lieutenant governor based on the |
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118 | 118 | | average public school teacher salary in this state." |
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