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Glenn Hegar  ·  Texas Comptroller of Public Accounts

Meal and lodging exceptions
Exceptions for holdover gubernatorial appointees

The “holdover” provision in the Texas Constitution generally requires state officers whose terms have expired to continue to serve until they are reappointed or replaced. Proposition 3, approved by Texas voters on Nov. 7, 2017, created a new exception to this law. Now certain gubernatorial appointees with expired terms only holdover until the last day of the legislative session that begins after their term expires. This new provision applies to state officers who are appointed by the Governor with consent of the Senate and who do not receive a salary. Unsalaried officials generally include appointed members of boards, councils, task forces and committees.

An unsalaried official whose term has expired continues in their duties until either their reappointment or their replacement is confirmed by the Senate. However, if a new appointment is not confirmed by the end of the legislative session following the expiration of their term, the unsalaried official’s office is vacated.

State agencies and institutions of higher education cannot use appropriated funds to reimburse travel expenses for unsalaried officials whose offices have been vacated.

Board
A board, commission, committee, council, governing body or similar entity in the executive, legislative or judicial branch of state government that is composed of two or more members. Texas Government Code Section 660.002(2)
Contiguous United States
The District of Columbia plus the 48 mainland U.S. states. Alaska and Hawaii are the only states not included.
Executive Director
The lone individual who has the daily responsibility for managing the operations of a state agency that is headed by a board. The term does not include a member of that board.
State Agency
A unit of state government that uses appropriated funds to pay or reimburse a travel expense of a state employee. This includes the Teacher Retirement System of Texas and the Employees Retirement System of Texas. Texas Government Code Section 660.002(19)
State Employee
An individual employed by a state agency, including a key official. Texas Government Code Section 660.002(20) The term includes prospective state employees and aircraft pilots.
Glenn Hegar
Texas Comptroller of Public Accounts
Questions? Contact statewide.accounting@cpa.texas.gov
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