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TX House Strikes 'Franchise Player' Salary Increase From Housekeeping Resolution

By J. Lyn Carl, GalleryWatch.com

Austin, TX –

Although most changes to the House housekeeping resolution (HR 3) at the start of the 79th session are "technical in nature," according to author Rep. Peggy Hamric (R-Houston), at least one proposed addition brought the first debate of the session on the House floor.

One of the additions to the resolution would allow members and/or committee chairs to exempt one employee per calendar year paid from their office or committee staff from the House's salary cap. Hamric explained that the exempt employee would not be eligible to receive compensation from any other member or committee during that time. The entire salary, she said, would have to come from a member's operating account or committee account, but their salary "cannot be shared by more than one member."

Rep. Craig Eiland (D-Galveston) voiced his opposition to the addition and proposed an amendment striking that language.

"If we pass this, it is something we will regret in a couple of years," Eiland said. "For the first time ever, we'll have a 'franchise player' in our offices." He said there would be no cap on what a member could pay that person and explained that a member could designate one employee to earn $70,000 per year, and if the member could manage that salary in his or her budget, there would be no one who could do anything about it.

Eiland said such a provision would "create pressure on each and every one of us to have a 'franchise player' in our offices" and warned it would be something members would "end up regretting" in the future.

Eiland argued that if a member was serving in his or her last session, they could hire one person and pay them $100,000 a year if they wanted to, "and there is nothing anybody could do about it." He said the provision "just leads to too much potential for abuse."

Apparently a significant number of House members agreed, and his amendment was approved.

Other changes to the House housekeeping resolution that were approved, as explained by Hamric, add the new constitutional provision allowing any members who are called up to active military duty to appoint a temporary replacement in their absence. This provision was approved by the voters in November 2004 in a constitutional amendment in time for Rep. Rick Noriega (D-Houston) to appoint his wife Melissa as his replacement while he is serving in the military in Afghanistan.

The addition sets out policies regarding temporary representatives' duties, said Hamrick, explaining that House Administration - in consultation with the Speaker, the temporary member and the elected member - would discuss polices and procedures consistent with House rules and the State Constitution. Eiland questioned whether the per diem pay in such cases is to be paid to the member or the temporary member. Hamric said many such details will be worked out in consultations among House Administration, the Speaker, the elected member and the temporary member. "We want to make sure that the elected member maintains their seniority, maintains their retirement, etc.," said Hamric, who added that she thinks most will want "the person here doing the job while they're (elected member) away" to receive the per diem compensation.

Another change in the House is an increase in the salary cap for employees in the House from $3,640 per month to $3,750 per month, a 3 percent increase. Members' operating budgets also were increased from $10,750 to $11,250, a $500 increase. The amount of carryover in member offices also was increased, from $10,000 to $12,000 annually. Hamrick noted that the money available for increases to the salary cap and to member operating budgets was possible because of so many members living within their budgets - with the excess carryover funds used for those increases.

Additionally, the housekeeping resolution changes the date for exiting members of the House to vacate their offices on Dec. 1 of the year before a legislative session. Previously, the deadline was Jan. 1.