By Ogden S.B. No. 536 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.