By Junell H.B. No. 1340
75R2018 CAG-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to restrictions on certain actions involving the executive
1-3 head of a state agency; providing a penalty.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subtitle B, Title 6, Government Code, is amended
1-6 by adding Chapter 666 to read as follows:
1-7 CHAPTER 666. RESTRICTIONS ON CERTAIN ACTIONS INVOLVING
1-8 EXECUTIVE HEAD OF STATE AGENCY
1-9 Sec. 666.001. DEFINITIONS. In this chapter:
1-10 (1) "Executive head of a state agency" means the
1-11 director, executive director, commissioner, administrator, chief
1-12 clerk, or other individual who is appointed by the governing body
1-13 of the state agency or by another state officer to act as the chief
1-14 executive or administrative officer of the agency and who is not an
1-15 appointed officer. The term includes the chancellor or
1-16 highest-ranking executive officer of a university system and the
1-17 president of a public senior college or university as defined by
1-18 Section 61.003, Education Code.
1-19 (2) "State agency" means:
1-20 (A) a department, commission, board, office, or
1-21 other agency that:
1-22 (i) is in the executive branch of state
1-23 government;
1-24 (ii) has authority that is not limited to
2-1 a geographical portion of the state; and
2-2 (iii) was created by the Texas
2-3 Constitution or a statute of this state;
2-4 (B) a university system or an institution of
2-5 higher education as defined by Section 61.003, Education Code,
2-6 other than a public junior college; or
2-7 (C) a special-purpose district or authority
2-8 created under the Texas Constitution or a statute of this state.
2-9 Sec. 666.002. REASSIGNMENT OF EXECUTIVE HEAD OF STATE
2-10 AGENCY. The governing body of a state agency may not reassign the
2-11 executive head of a state agency to another position in the agency
2-12 or at another agency that is also controlled by the governing body
2-13 unless the governing body, in an open meeting, votes to approve the
2-14 proposed reassignment.
2-15 Sec. 666.003. CONTRACTING WITH EXECUTIVE HEAD OF STATE
2-16 AGENCY. The governing body of a state agency may not enter into a
2-17 contract with the executive head of the state agency, with a person
2-18 who at any time during the four years before the date of the
2-19 contract was the executive head of the state agency, or with a
2-20 person who employs a current or former executive head of a state
2-21 agency affected by this section, unless the governing body:
2-22 (1) votes, in an open meeting, to approve the
2-23 contract; and
2-24 (2) notifies the Legislative Budget Board, not later
2-25 than the fifth day before the date of the vote, of the terms of the
2-26 proposed contract.
2-27 Sec. 666.004. ACTIONS INVOLVING EXECUTIVE HEAD OF STATE
3-1 AGENCY ARE OPEN RECORDS. (a) The terms of the reassignment of an
3-2 executive head of a state agency and the terms of a contract with a
3-3 current or former executive head of a state agency are subject to
3-4 disclosure under Chapter 552 and may not be excepted from
3-5 disclosure under that chapter.
3-6 (b) A record that pertains to the reassignment of an
3-7 executive head of a state agency, the terms of a consulting service
3-8 contract with a current or former executive head of a state agency,
3-9 or an agreement under which a state agency has paid or will pay or
3-10 extend any monetary or other consideration to an executive head of
3-11 a state agency in connection with the settlement, compromise, or
3-12 other resolution of any difference between the state agency or
3-13 governing body and a current or former executive head of the state
3-14 agency may not be withheld from public disclosure. A party that
3-15 attempts to withhold from public disclosure a record under this
3-16 subsection commits an offense. An offense under this subsection is
3-17 a Class A misdemeanor.
3-18 SECTION 2. (a) This Act takes effect September 1, 1997.
3-19 (b) The changes in law made by this Act apply only to a
3-20 contract, reassignment, settlement, compromise, or other resolution
3-21 that takes place or is entered into on or after the effective date
3-22 of this Act.
3-23 SECTION 3. The importance of this legislation and the
3-24 crowded condition of the calendars in both houses create an
3-25 emergency and an imperative public necessity that the
3-26 constitutional rule requiring bills to be read on three several
3-27 days in each house be suspended, and this rule is hereby suspended.