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Glenn Hegar  ·  Texas Comptroller of Public Accounts

General Provisions
Officer Declining Remuneration

Background

An appointed officer or elected officer of the state may choose not to receive salary compensation, reimbursement for expenses or other remuneration. No other employees are authorized to decline salary or reimbursements.

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Declination of Remuneration Form

Officers declining compensation must complete the Declination of Remuneration by Elected or Appointed Officer form (MS Word) created by the Secretary of State.

The officer may choose to decline one or more specific types of remuneration or all remuneration associated with the office.

The declination form may be completed at any time and becomes effective on the date it is filed with the Secretary of State.

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Payroll Considerations

When a state agency has an appointed or elected officer who chooses not to receive remuneration, the agency must adjust payroll accordingly. The adjustment may be part or all of the officer’s remuneration.

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Declinations Filed Before or After Qualifying for Office

Declinations filed after an officer has qualified for office may be revoked at any time. A declination filed before qualifying for office remains in effect during the term of office to which the officer has been appointed or elected. In either case, the position remains compensable even though the current officer is declining remuneration.

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If a Successor is Elected or Appointed to the Position

If another person is elected or appointed to the position, that person may choose to receive or decline remuneration for the duration of the term. The predecessor’s declination has no affect on the newly elected or appointed officer’s remuneration.

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Definitions

Appointed officer
  1. The secretary of state,
  2. An individual appointed and approved by the Senate to the governing board of a state-supported institution of higher education,
  3. An officer of a state agency who is appointed for a term of office specified by the Texas Constitution or a statute of this state, or
  4. An individual who is a member of the governing board or commission of a state agency who is not appointed and who is not otherwise:
    1. An elected officer;
    2. An officer described in 1, 2 or 3 above; or
    3. An executive head of a state agency.

The term includes a person who has received a certificate of election to such an office or who has been appointed or nominated to such an office but has not been confirmed.

This term does not include a person who is appointed to a vacant elected office.

Elected officer
  1. A member of the Legislature;
  2. An executive or judicial officer elected in a statewide election;
  3. A judge of a court of appeals or of a district court;
  4. A member of the State Board of Education;
  5. A district attorney or criminal district attorney; or
  6. An individual appointed to fill a vacancy in an office or appointed to a newly created office who, if elected to the office instead of appointed, would be an elected officer under this subdivision.

The term includes a person who has received a certificate of election to such an office or who has been appointed or nominated to such an office but has not been confirmed.

Qualified for office
The process to become an appointed state official requires the Governor’s submission of the appointee’s name and approval/confirmation by the Senate. In some cases, the appointee must also disclose personal financial information.

The process to become an elected state official requires the Speaker of the House to open and publish the voter results in the presence of both houses of the Legislature and declare the person with the highest number of votes to be elected to the office.

Certain officials may also be required to post a bond as part of the requirements for office. Before an elected or appointed officer may assume the duties of the office, the officer first must file a Statement of Elected or Appointed Officer with the Secretary of State and subsequently take the Oath of Office.
Remuneration
Includes salary, compensatory per diem, expense per diem, reimbursement for expenses, longevity pay and fees associated with the appointed or elected office.

Sources

Texas Government Code Annotated, Sections 659.003, 572.002, 604.003 (Vernon Supp. 2007); Texas Constitution, Article 4, Section 2 and 3, Article 16, Section 1.

Glenn Hegar
Texas Comptroller of Public Accounts
Questions? Contact statewide.accounting@cpa.texas.gov
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