1-1 By: Ogden S.B. No. 536 1-2 (In the Senate - Filed February 11, 1997; February 17, 1997, 1-3 read first time and referred to Committee on State Affairs; 1-4 March 10, 1997, reported favorably, as amended, by the following 1-5 vote: Yeas 13, Nays 0; March 10, 1997, sent to printer.) 1-6 COMMITTEE AMENDMENT NO. 1 By: Carona 1-7 Amend S.B. No. 536 as follows: 1-8 (1) On page 1, line 50, strike the sentence beginning with 1-9 "The governing body" and insert "The executive head of a state 1-10 agency may not be reassigned to another position in the agency or 1-11 at another agency that is also controlled by the governing body 1-12 unless the governing body, in an open meeting, votes to approve the 1-13 proposed reassignment." 1-14 (2) On page 1, line 56, strike "The governing body of a" and 1-15 insert "A". 1-16 A BILL TO BE ENTITLED 1-17 AN ACT 1-18 relating to restrictions on certain actions involving the executive 1-19 head of a state agency; providing a penalty. 1-20 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-21 SECTION 1. Subtitle B, Title 6, Government Code, is amended 1-22 by adding Chapter 666 to read as follows: 1-23 CHAPTER 666. RESTRICTIONS ON CERTAIN ACTIONS INVOLVING 1-24 EXECUTIVE HEAD OF STATE AGENCY 1-25 Sec. 666.001. DEFINITIONS. In this chapter: 1-26 (1) "Executive head of a state agency" means the 1-27 director, executive director, commissioner, administrator, chief 1-28 clerk, or other individual who is appointed by the governing body 1-29 of the state agency or by another state officer to act as the chief 1-30 executive or administrative officer of the agency and who is not an 1-31 appointed officer. The term includes the chancellor or 1-32 highest-ranking executive officer of a university system and the 1-33 president of a public senior college or university as defined by 1-34 Section 61.003, Education Code. 1-35 (2) "State agency" means: 1-36 (A) a department, commission, board, office, or 1-37 other agency that: 1-38 (i) is in the executive branch of state 1-39 government; 1-40 (ii) has authority that is not limited to 1-41 a geographical portion of the state; and 1-42 (iii) was created by the Texas 1-43 Constitution or a statute of this state; 1-44 (B) a university system or an institution of 1-45 higher education as defined by Section 61.003, Education Code, 1-46 other than a public junior college; or 1-47 (C) a special-purpose district or authority 1-48 created under the Texas Constitution or a statute of this state. 1-49 Sec. 666.002. REASSIGNMENT OF EXECUTIVE HEAD OF STATE 1-50 AGENCY. The governing body of a state agency may not reassign the 1-51 executive head of a state agency to another position in the agency 1-52 or at another agency that is also controlled by the governing body 1-53 unless the governing body, in an open meeting, votes to approve the 1-54 proposed reassignment. 1-55 Sec. 666.003. CONTRACTING WITH EXECUTIVE HEAD OF STATE 1-56 AGENCY. The governing body of a state agency may not enter into a 1-57 contract with the executive head of the state agency, with a person 1-58 who at any time during the four years before the date of the 1-59 contract was the executive head of the state agency, or with a 1-60 person who employs a current or former executive head of a state 1-61 agency affected by this section, unless the governing body: 1-62 (1) votes, in an open meeting, to approve the 1-63 contract; and 2-1 (2) notifies the Legislative Budget Board, not later 2-2 than the fifth day before the date of the vote, of the terms of the 2-3 proposed contract. 2-4 Sec. 666.004. ACTIONS INVOLVING EXECUTIVE HEAD OF STATE 2-5 AGENCY ARE OPEN RECORDS. (a) The terms of the reassignment of an 2-6 executive head of a state agency and the terms of a contract with a 2-7 current or former executive head of a state agency are subject to 2-8 disclosure under Chapter 552 and may not be excepted from 2-9 disclosure under that chapter. 2-10 (b) A record that pertains to the reassignment of an 2-11 executive head of a state agency, the terms of a consulting service 2-12 contract with a current or former executive head of a state agency, 2-13 or an agreement under which a state agency has paid or will pay or 2-14 extend any monetary or other consideration to an executive head of 2-15 a state agency in connection with the settlement, compromise, or 2-16 other resolution of any difference between the state agency or 2-17 governing body and a current or former executive head of the state 2-18 agency may not be withheld from public disclosure. A party that 2-19 attempts to withhold from public disclosure a record under this 2-20 subsection commits an offense. An offense under this subsection is 2-21 a Class A misdemeanor. 2-22 SECTION 2. (a) This Act takes effect September 1, 1997. 2-23 (b) The changes in law made by this Act apply only to a 2-24 contract, reassignment, settlement, compromise, or other resolution 2-25 that takes place or is entered into on or after the effective date 2-26 of this Act. 2-27 SECTION 3. The importance of this legislation and the 2-28 crowded condition of the calendars in both houses create an 2-29 emergency and an imperative public necessity that the 2-30 constitutional rule requiring bills to be read on three several 2-31 days in each house be suspended, and this rule is hereby suspended. 2-32 * * * * *