| 1 | 1 | | 87R613 JCG-D |
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| 2 | 2 | | By: Krause H.B. No. 905 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the compensation of certain public officials who |
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| 8 | 8 | | restrict or prohibit regular business operations under a |
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| 9 | 9 | | declaration of disaster. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Subchapter B, Chapter 418, Government Code, is |
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| 12 | 12 | | amended by adding Section 418.027 to read as follows: |
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| 13 | 13 | | Sec. 418.027. LIMITATION ON GOVERNOR'S SALARY. (a) Except |
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| 14 | 14 | | as provided by Subsection (b), the governor's salary may not exceed |
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| 15 | 15 | | the minimum amount provided by Section 61-a, Article III, Texas |
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| 16 | 16 | | Constitution, during a state fiscal year in which the governor |
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| 17 | 17 | | declares a state of disaster and under that order or proclamation |
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| 18 | 18 | | restricts or prohibits the regular business operations of any |
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| 19 | 19 | | private business. |
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| 20 | 20 | | (b) Subsection (a) does not apply to an order that requires |
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| 21 | 21 | | the evacuation of a substantial part of the population from a |
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| 22 | 22 | | stricken or threatened area as described by Section 418.018. |
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| 23 | 23 | | SECTION 2. Section 418.108, Government Code, is amended by |
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| 24 | 24 | | adding Subsections (j) and (k) to read as follows: |
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| 25 | 25 | | (j) Except as provided by Subsection (k), if the presiding |
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| 26 | 26 | | officer of the governing body of a municipality or county or the |
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| 27 | 27 | | chief administrative officer of a joint board declares a local |
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| 28 | 28 | | state of disaster and under that order or proclamation restricts or |
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| 29 | 29 | | prohibits the regular business operations of any private business, |
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| 30 | 30 | | the municipality, county, or joint board, as applicable, shall: |
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| 31 | 31 | | (1) withhold the presiding officer's or chief |
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| 32 | 32 | | administrative officer's regular compensation during the period |
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| 33 | 33 | | that the restrictions or prohibitions are in effect; and |
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| 34 | 34 | | (2) reduce the officer's compensation for the |
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| 35 | 35 | | appropriate fiscal year by the total amount withheld under |
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| 36 | 36 | | Subdivision (1). |
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| 37 | 37 | | (k) Subsection (j) does not apply to an order that requires |
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| 38 | 38 | | the evacuation of a substantial part of the population from a |
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| 39 | 39 | | stricken or threatened area as described by Subsection (f). |
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| 40 | 40 | | SECTION 3. The changes in law made by this Act apply only in |
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| 41 | 41 | | connection with an order or proclamation issued on or after the |
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| 42 | 42 | | effective date of this Act. |
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| 43 | 43 | | SECTION 4. Sections 418.108(j) and (k), Government Code, as |
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| 44 | 44 | | added by this Act, do not apply to a contract regarding the |
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| 45 | 45 | | compensation of a presiding officer or chief administrative officer |
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| 46 | 46 | | entered into before the effective date of this Act. |
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| 47 | 47 | | SECTION 5. This Act takes effect September 1, 2021. |
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