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.

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