Prop 7 lets lawmakers get paid by guard

AUSTIN (KXAN) - Proposition 7 on the November ballot is a constitutional amendment to allow members of the Texas State Guard to hold other civil offices. But are lawmakers writing laws to benefit themselves?

The Texas Constitution prohibits public officials from being compensated for holding more than one office. However, there is a list of positions that are exempted from that ban.

Just about every other state or national military group is included on the list of exemptions except the Texas State Guard.

State Representative Phil King, who also serves as an officer in the Texas State Guard says Prop 7 will simply clean up the language in the law. He says the term Texas State Guard is synonymous with the name National Guard Reserves and because the National Guard Reserves is on the list of exemptions, he and his fellow lawmakers are allowed to serve and get paid.

The Texas State Guard is part of the Texas Military Forces, along with the Texas Air National Guard and Texas Army National Guard. While the National Guard can be deployed overseas, members of the Texas State Guard cannot.

The Texas State Guard serves as support to the State during hurricanes and other disasters. In the past, its members were strictly volunteers and served without pay. Now members are paid $121 per day when on active duty service.

State Representative Dan Flynn, who serves as a Commander in the Texas State Guard said when they started paying stipends to members is when the question came up. “When a question comes up,” Flynn said, “You correct it."

Rep. King calls the constitutional amendment “A no-brainer”. "I'm telling you that under current Texas law today, you can pay any legislator a salary for serving in the Texas State Guard," said King.

Not everyone agrees. Darrel Raynor, who plans to vote in the November 3rd election is concerned that allowing lawmakers to work for an agency where they control the budget creates a conflict of interest. “I think that one public office or role, per person,” said Raynor. He believes if people want to serve in more than one capacity, it needs to be on a volunteer basis.

The Texas State Guard is under the command of the Adjutant General, whose budget is controlled by lawmakers. The Adjutant General decides on rank and when members are paid.

Four members of the Texas House of Representatives were sworn in as officers, even those without prior military experience. All four served on the legislative conference committee that put Prop 7 on the ballot. Each were also involved in bills that would benefit members of the Texas State Guard.

Rep. Flynn sponsored a bill that would give members a 40% raise after serving 45 days on active duty. That would bring the pay to $169 per day.

State Representatives Aaron Pena and Ryan Guillen were sworn in as Majors within days of passing the bill to put Prop 7 on the ballot. King and Flynn were appointed about three years ago.

Phil King and Dan Flynn were both paid by the Texas State Guard for service during hurricane disasters in 2008, but neither disclosed it on their Personal Financial Statements, as required by law. When asked why, King said, “Didn't know that I didn't." Even though the Texas State Guard is nowhere to be found on Flynn’s Financial Statement, he said, “"I think we've reported everything in the way it should have been reported. I'm comfortable with it."