BILL ANALYSIS

H.B. 3428

By: Bryant

County Affairs

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Under current law, a revolving door policy prohibits a former officeholder or governmental employee from lobbying the same governmental entity for a reasonable "cooling-off period" after leaving public office. However, concerned constituents and advocacy groups note that while Texas has a revolving door policy that applies to state officers and state employees, it does not have one that applies to municipal or county officers or employees. This gap in policy allows municipal and county officers and employees involved in the procurement process with a private entity to potentially vote or participate in the negotiation of certain agreements and then benefit from employment offers by the private entity. H.B. 3428 seeks to address this issue by applying revolving door restrictions to former county or municipal officers or employees.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 3428 amends the Local Government Code to restrict a former county or municipal officer or employee who during the period of county or municipal service or employment participated on behalf of the county or municipality in a procurement or contract negotiation involving a person from accepting employment from that person before the second anniversary of the date the contract is signed, or the procurement is terminated or withdrawn.

H.B. 3428 applies only to a county or municipal officer or employee whose service or employment with a county or municipality ceases on or after the bill's effective date.

EFFECTIVE DATE

September 1, 2023.