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


Senate Research CenterS.B. 191
76R2917 JRD-DBy: Ogden
State Affairs
2/21/1999
Committee Report (Amended)


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, 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 

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

Sec.  618.002.  REASSIGNMENT OF EXECUTIVE HEAD OF STATE AGENCY. Prohibits
the reassignment of the executive head of a state agency to another
position in the agency or at another agency 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. Prohibits
a state agency 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 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 attempts to withhold 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.

SUMMARY OF COMMITTEE CHANGES

Relating Clause

 Deletes reference to "special district."

SECTION 1. 

Amends Title 6A, Chapter 618, Government Code, to delete references to
"special district" or "district" throughout the bill.  Defines "state
agency."