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Texas Constitution:Article III, Section 24: Difference between revisions
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Texas Constitution:Article III, Section 24 (view source)
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Under the Republic of Texas constitution (1836) and each of the state's first four constitutions (1845, 1861, 1866, & 1869), legislators were specifically authorized to set their own | Under the Republic of Texas constitution (1836) and each of the state's first four constitutions (1845, 1861, 1866, & 1869), legislators were specifically authorized to set their own compensation and mileage rate. | ||
For example, the 1845 constitution (Art. III, § 23) provided: "Each member of the Legislature shall receive from the public treasury a compensation for his services, which may be increased or diminished by law | For example, the 1845 constitution (Art. III, § 23) provided: "Each member of the Legislature shall receive from the public treasury a compensation for his services, which may be increased or diminished by law." | ||
As adopted in 1876, this section read: "The members of the Legislature shall receive from the public treasury such compensation for their services, as may, from time to time, be provided by law, not exceeding five dollars per day for the first sixty days of each session; and after that not exceeding two dollars per day for the remainder of the session; except the first session held under this Constitution, when they may receive not exceeding five dollars per day for the first ninety days, and after that not exceeding two dollars per day for the remainder of the session. In addition to the per diem the members of each House shall be entitled to mileage in going to and returning from the seat of government, which mileage shall not exceed five dollars for every twenty-five miles, the distance to be computed by the nearest and most direct route of travel by land regardless of railways or water routes; and the Comptroller of the State shall prepare and preserve a table of distances to each county seat now or hereafter to be established, and by such table the mileage of each member shall be paid; but no member shall be entitled to mileage for any extra session that may be called within one day after the adjournment of a regular or called session." | As adopted in 1876, this section read: "The members of the Legislature shall receive from the public treasury such compensation for their services, as may, from time to time, be provided by law, not exceeding five dollars per day for the first sixty days of each session; and after that not exceeding two dollars per day for the remainder of the session; except the first session held under this Constitution, when they may receive not exceeding five dollars per day for the first ninety days, and after that not exceeding two dollars per day for the remainder of the session. In addition to the per diem the members of each House shall be entitled to mileage in going to and returning from the seat of government, which mileage shall not exceed five dollars for every twenty-five miles, the distance to be computed by the nearest and most direct route of travel by land regardless of railways or water routes; and the Comptroller of the State shall prepare and preserve a table of distances to each county seat now or hereafter to be established, and by such table the mileage of each member shall be paid; but no member shall be entitled to mileage for any extra session that may be called within one day after the adjournment of a regular or called session." | ||
Between | Between 1879 and 1991, the Legislature passed twenty-five proposed amendments affecting this section. Only five of those were approved by voters. Amendments were approved in 1930, 1954, 1960, 1975, and 1991. | ||
The 1960 amendment added a salary component to legislators' allowed compensation. The | The 1960 amendment added a salary component to legislators' allowed compensation. The [https://www.lrl.texas.gov/scanned/sessionLaws/56-0/HJR_3.pdf ballot proposition], approved by 56% of voters, read: "[T]he constitutional amendment allowing an annual salary of not to exceed four thousand, eight hundred dollars ($4,800) per year and a per diem allowance of not to exceed twelve dollars ($12) per day for the first one hundred and twenty (120) days only of each session of the Legislature as the maximum compensation for members of the Legislature and limiting the regular session to one hundred and forty (140) days." The 1975 amendment increased legislators' salary to its current level and the 1991 amendment added language regarding the authority of the Texas Ethics Commission. | ||
The Texas Attorney General, in Tex. Att'y Gen. Op. [https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1967/cm0104.pdf#page=3 M-104] (1967), opined that: "[The 1960 amendment to this section provided] in addition to per diem and traveling expenses an annual salary for members of the Legislature, thus recognizing that official duties of members of the Legislature are performed throughout the year and are not limited to duties performed while the Legislature is in session." And, in Tex. Att'y Gen. Op. [https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1969/cm0408.pdf#page=6 M-408] (1969), he opined that: "[W]e are of the opinion that there exists no constitutional inhibition as to the use of state funds and their application to group sickness and accident policy premium payments for legislators themselves. . . . We do not interpret such a benefit as additional 'salary', 'per diem' or 'mileage', as those terms are used in Article III, Section 24 of the Constitution of Texas." Finally, in Tex. Att'y Gen. Op. [https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1991/dm0023.pdf#page= | The Texas Attorney General, in Tex. Att'y Gen. Op. [https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1967/cm0104.pdf#page=3 M-104] (1967), opined that: "[The 1960 amendment to this section provided] in addition to per diem and traveling expenses an annual salary for members of the Legislature, thus recognizing that official duties of members of the Legislature are performed throughout the year and are not limited to duties performed while the Legislature is in session." And, in Tex. Att'y Gen. Op. [https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1969/cm0408.pdf#page=6 M-408] (1969), he opined that: "[W]e are of the opinion that there exists no constitutional inhibition as to the use of state funds and their application to group sickness and accident policy premium payments for legislators themselves. . . . We do not interpret such a benefit as additional 'salary', 'per diem' or 'mileage', as those terms are used in Article III, Section 24 of the Constitution of Texas." Finally, in Tex. Att'y Gen. Op. [https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1991/dm0023.pdf#page=4 DM-23] (1991), he opined that: "Although the 1960 and 1975 amendments to article III, section 24, dispensed with the presumption that interim expenses were personal expenses, the amendment [sic] did not alter the conclusion that the constitution prohibits payment of personal expenses or compensation to members of the legislature in addition to the amounts provided for in that section." | ||
Based on the foregoing, a substantial question exists regarding the constitutionality under this section of the significant and preferential retirement benefits currently provided to members of the Legislature. Among other material differences, a legislator's pension payments are calculated based on the current salary of full-time state district judges while the pension payments of an ordinary state government worker are calculated based on the worker's personal salary history. | |||
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|seo_title=Featured Article: Article III, Section 24 of the Texas Constitution ("Compensation and Expenses of Legislators; Duration of Regular Sessions") | |seo_title=Featured Article: Article III, Section 24 of the Texas Constitution ("Compensation and Expenses of Legislators; Duration of Regular Sessions") | ||
|seo_keywords=Article 3 Section 24, legislator | |seo_keywords=Article 3 Section 24, legislator compensation, legislator benefits | ||
|seo_description=Between 1881 and 1991, the Legislature passed twenty-five proposed amendments affecting this section. Only five of those were approved. | |seo_description=Between 1881 and 1991, the Legislature passed twenty-five proposed amendments affecting this section. Only five of those were approved. | ||
|seo_image=mod_Texas_Constitution_of_1876_Article_3.jpg | |seo_image=mod_Texas_Constitution_of_1876_Article_3.jpg | ||