Article III, Section 24-a of the Texas Constitution ("Texas Ethics Commission; Legislative Salaries and Per Diem")

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Added November 5, 1991:

(a) The Texas Ethics Commission is a state agency consisting of the following eight members: (1) two members of different political parties appointed by the Governor from a list of at least 10 names submitted by the members of the House of Representatives from each political party required by law to hold a primary; (2) two members of different political parties appointed by the Governor from a list of at least 10 names submitted by the members of the Senate from each political party required by law to hold a primary; (3) two members of different political parties appointed by the Speaker of the House of Representatives from a list of at least 10 names submitted by the members of the House from each political party required by law to hold a primary; and (4) two members of different political parties appointed by the Lieutenant Governor from a list of at least 10 names submitted by the members of the Senate from each political party required by law to hold a primary.

(b) The Governor may reject all names on any list submitted under Subsection (a)(1) or (2) of this section and require a new list to be submitted. The members of the commission shall elect annually the chairman of the commission.

(c) With the exception of the initial appointees, commission members serve for four-year terms. Each appointing official will make one initial appointment for a two-year term and one initial appointment for a four-year term. A vacancy on the commission shall be filled for the unexpired portion of the term in the same manner as the original appointment. A member who has served for one term and any part of a second term is not eligible for reappointment.

(d) The commission has the powers and duties provided by law.

(e) The commission may recommend the salary of the members of the Legislature and may recommend that the salary of the Speaker of the House of Representatives and the Lieutenant Governor be set at an amount higher than that of other members. The commission shall set the per diem of members of the Legislature and the Lieutenant Governor, and the per diem shall reflect reasonable estimates of costs and may be raised or lowered biennially as necessary to pay those costs, but the per diem may not exceed during a calendar year the amount allowed as of January 1 of that year for federal income tax purposes as a deduction for living expenses incurred in a legislative day by a state legislator in connection with the legislator's business as a legislator, disregarding any exception in federal law for legislators residing near the Capitol.

(f) At each general election for state and county officers following a proposed change in salary, the voters shall approve or disapprove the salary recommended by the commission if the commission recommends a change in salary. If the voters disapprove the salary, the salary continues at the amount paid immediately before disapproval until another amount is recommended by the commission and approved by the voters. If the voters approve the salary, the approved salary takes effect January 1 of the next odd-numbered year.

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Attorney Steve Smith

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