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.