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, including salary, compensatory per diem, expense per diem, reimbursement for expenses, longevity pay and fees associated with the appointed or elected office. No other employees are authorized to decline salary or reimbursements.

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.

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.

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.

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 effect on the newly elected or appointed officer’s remuneration.

Sources

Texas Government Code, Sections 659.003, 572.002 and 604.003; Texas Constitution, Article 4, Sections 2 and 3; Article 16, Section 1.