Texas Constitution:Article III, Section 24: Difference between revisions

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The 1960 amendment added a salary component to legislators' allowed compensation. The ballot [https://www.lrl.texas.gov/scanned/sessionLaws/56-0/HJR_3.pdf proposition], approved by 56% of voters, read the "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 1960 amendment added a salary component to legislators' allowed compensation. The ballot [https://www.lrl.texas.gov/scanned/sessionLaws/56-0/HJR_3.pdf proposition], approved by 56% of voters, read the "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 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] now provides 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=? DM-23] (????), he opined that: " ..." Nevertheless, a substantial question exists regarding the constitutionality under this section of the significant and preferential retirement benefits currently provided to members of the Legislature. While the pension payments of ordinary state workers are calculated based on their own salaries, legislative retirement benefits are based on the salaries of full-time state district judges.
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] now provides 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=? DM-23] (1991), he opined that: " ..." Nevertheless, a substantial question exists regarding the constitutionality under this section of the significant and preferential retirement benefits currently provided to members of the Legislature. While the pension payments of ordinary state workers are calculated based on their own salaries, legislative retirement benefits are based on the salaries of full-time state district judges.


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