SRC-PNG S.B. 191 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 191
76R2917 JRD-DBy: Ogden
State Affairs
2/10/1999
As Filed


DIGEST 

Currently, under Texas law, the grant of extra compensation to a state
employee after service has been rendered is prohibited.  Additionally, the
state's doctrine of at-will employment and restrictions on contracting for
amounts of money beyond the biennium essentially prohibit state agencies
from entering into employment contracts that include severance provisions.
However, in the few cases in which severance payments have occurred,
questions of their appropriateness and legality have arisen. This bill
would clarify the actions a governing board of a state agency or
state-supported institution of higher education may take in the settlement
agreement between a current or former employee of the agency or
institution. 

PURPOSE

As proposed, S.B. 191 restricts certain actions involving the executive
head of a state agency or special district, and provides a penalty for
violation of those restrictions. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Title 6A, Government Code, by adding Chapter 618, as
follows: 

CHAPTER 618.  RESTRICTIONS ON CERTAIN ACTIONS INVOLVING EXECUTIVE HEAD OF
STATE AGENCY OR SPECIAL DISTRICT 

 Sec.  618.001.  DEFINITIONS.  Defines "executive head of a state agency or
special  district," "special district," and "state agency." 

 Sec.  618.002.  REASSIGNMENT OF EXECUTIVE HEAD OF STATE AGENCY OR  SPECIAL
DISTRICT.  Prohibits the reassignment of the executive head of a state
agency or  special district to another position in the agency or district
or at another agency or district that  is also controlled by the same
governing body unless the governing body, in an open meeting,  votes to
approve the proposed reassignment. 

 Sec.  618.003.  CONTRACTING WITH EXECUTIVE HEAD OF STATE AGENCY OR
SPECIAL DISTRICT.  Prohibits a state agency or special district from
entering into a  contract with the executive head, a person who at any time
during the four years before the  date of the contract was the executive
head, or with a person who employs a current or former  executive head
unless certain requirements are met.  

 Sec.  618.004.  ACTIONS INVOLVING EXECUTIVE HEAD ARE OPEN RECORDS.
Establishes that the terms of the reassignment of an executive head and the
terms of a  contract with a current or former executive head are subject to
disclosure under Chapter 552  and prohibits the exemption of those terms
from required disclosure under that chapter.   Requires public disclosure
of a record that pertains to the reassignment of an executive head,  the
terms of a consulting service contract with a current or former executive
head, or an  agreement under which a state agency or special district has
paid or will pay or extend any  monetary or other consideration to an
executive head in connection with the settlement,  compromise, or other
resolution of any difference between the parties.  Provides that a  person
who withholds from public disclosure a record under this subsection commits
a Class  A misdemeanor. 

SECTION 2. Effective date: September 1, 1999.
  Makes application of this Act prospective.

SECTION 3. Emergency clause.