By Madden H.B. No. 380 74R356 JRD-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the creation of a criminal offense for the failure of a 1-3 government officer, employee, or agent to perform certain duties 1-4 required by law. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. Chapter 39, Penal Code, is amended by adding 1-7 Section 39.07 to read as follows: 1-8 Sec. 39.07. FAILURE TO PERFORM A MINISTERIAL DUTY. (a) An 1-9 officer, employee, or agent of government commits an offense if: 1-10 (1) the person knows that a law that specifically 1-11 applies to the person in the person's capacity as an officer, 1-12 employee, or agent of government directly or indirectly imposes a 1-13 duty on the person to perform an act; 1-14 (2) the act the person has a duty to perform is 1-15 ministerial; 1-16 (3) the person recklessly fails to perform the act; 1-17 and 1-18 (4) the law is intended to protect public safety or 1-19 another is harmed by the person's failure to perform the act. 1-20 (b) An offense under Subsection (a) is a Class B 1-21 misdemeanor. 1-22 (c) Conduct punishable as an offense under this section that 1-23 is also punishable under another law may be prosecuted under either 1-24 this section or the other law. 2-1 SECTION 2. This Act takes effect September 1, 1995. 2-2 SECTION 3. The importance of this legislation and the 2-3 crowded condition of the calendars in both houses create an 2-4 emergency and an imperative public necessity that the 2-5 constitutional rule requiring bills to be read on three several 2-6 days in each house be suspended, and this rule is hereby suspended.