By: Ogden S.B. No. 536
A BILL TO BE ENTITLED
AN ACT
1-1 relating to restrictions on certain actions involving the executive
1-2 head of a state agency; providing a penalty.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subtitle B, Title 6, Government Code, is amended
1-5 by adding Chapter 666 to read as follows:
1-6 CHAPTER 666. RESTRICTIONS ON CERTAIN ACTIONS INVOLVING
1-7 EXECUTIVE HEAD OF STATE AGENCY
1-8 Sec. 666.001. DEFINITIONS. In this chapter:
1-9 (1) "Executive head of a state agency" means the
1-10 director, executive director, commissioner, administrator, chief
1-11 clerk, or other individual who is appointed by the governing body
1-12 of the state agency or by another state officer to act as the chief
1-13 executive or administrative officer of the agency and who is not an
1-14 appointed officer. The term includes the chancellor or
1-15 highest-ranking executive officer of a university system and the
1-16 president of a public senior college or university as defined by
1-17 Section 61.003, Education Code.
1-18 (2) "State agency" means:
1-19 (A) a department, commission, board, office, or
1-20 other agency that:
1-21 (i) is in the executive branch of state
1-22 government;
1-23 (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 executive head of a state agency may not be reassigned
2-11 to another position in the agency or at another agency that is also
2-12 controlled by the governing body unless the governing body, in an
2-13 open meeting, votes to approve the proposed reassignment.
2-14 Sec. 666.003. CONTRACTING WITH EXECUTIVE HEAD OF STATE
2-15 AGENCY. A state agency may not enter into a contract with the
2-16 executive head of the state agency, with a person who at any time
2-17 during the four years before the date of the contract was the
2-18 executive head of the state agency, or with a person who employs a
2-19 current or former executive head of a state agency affected by this
2-20 section, unless the governing body:
2-21 (1) votes, in an open meeting, to approve the
2-22 contract; and
2-23 (2) notifies the Legislative Budget Board, not later
2-24 than the fifth day before the date of the vote, of the terms of the
2-25 proposed contract.
3-1 Sec. 666.004. ACTIONS INVOLVING EXECUTIVE HEAD OF STATE
3-2 AGENCY ARE OPEN RECORDS. (a) The terms of the reassignment of an
3-3 executive head of a state agency and the terms of a contract with a
3-4 current or former executive head of a state agency are subject to
3-5 disclosure under Chapter 552 and may not be excepted from
3-6 disclosure under that chapter.
3-7 (b) A record that pertains to the reassignment of an
3-8 executive head of a state agency, the terms of a consulting service
3-9 contract with a current or former executive head of a state agency,
3-10 or an agreement under which a state agency has paid or will pay or
3-11 extend any monetary or other consideration to an executive head of
3-12 a state agency in connection with the settlement, compromise, or
3-13 other resolution of any difference between the state agency or
3-14 governing body and a current or former executive head of the state
3-15 agency may not be withheld from public disclosure. A party that
3-16 attempts to withhold from public disclosure a record under this
3-17 subsection commits an offense. An offense under this subsection is
3-18 a Class A misdemeanor.
3-19 SECTION 2. (a) This Act takes effect September 1, 1997.
3-20 (b) The changes in law made by this Act apply only to a
3-21 contract, reassignment, settlement, compromise, or other resolution
3-22 that takes place or is entered into on or after the effective date
3-23 of this Act.
3-24 SECTION 3. The importance of this legislation and the
3-25 crowded condition of the calendars in both houses create an
4-1 emergency and an imperative public necessity that the
4-2 constitutional rule requiring bills to be read on three several
4-3 days in each house be suspended, and this rule is hereby suspended.