By Jones of Lubbock H.B. No. 961
76R11156 JRD-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the right of a public employee to communicate with any
1-3 elected state official; imposing a civil penalty.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. The chapter heading to Chapter 556, Government
1-6 Code, is amended to read as follows:
1-7 CHAPTER 556. POLITICAL ACTIVITIES BY STATE AGENCIES
1-8 AND PUBLIC EMPLOYEES
1-9 SECTION 2. Section 556.002, Government Code, is amended to
1-10 read as follows:
1-11 Sec. 556.002. EXCEPTION. Sections 556.003, 556.004, and
1-12 556.005 do [Except for Section 556.006, this chapter does] not
1-13 apply to an individual employed by the Department of Public Safety.
1-14 SECTION 3. Chapter 556, Government Code, is amended by
1-15 adding Section 556.007 to read as follows:
1-16 Sec. 556.007. RIGHT OF PUBLIC EMPLOYEE TO COMMUNICATE WITH
1-17 ELECTED STATE OFFICIALS; REMEDIES. (a) In this section, "local
1-18 governmental entity," "personnel action," "public employee," and
1-19 "state governmental entity" have the meanings assigned by Section
1-20 554.001.
1-21 (b) Except as provided by Subsection (c), a public employee
1-22 is entitled to communicate about any matter with any elected state
1-23 official, including any member of the legislature, without regard
1-24 to whether the communication is initiated by the public employee or
2-1 by the elected state official. To the extent that a rule or a
2-2 formal or informal policy of a state governmental entity or a local
2-3 governmental entity requires notice to the public employee's
2-4 employer of such a communication with an elected state official or
2-5 prohibits, discourages, or conditions such a communication with an
2-6 elected state official, the rule or policy is void and may not be
2-7 applied.
2-8 (c) Subsection (b) does not apply to a communication by a
2-9 public employee to the extent that the public employee:
2-10 (1) communicates while the employee is at work, which
2-11 for purposes of this subdivision means a communication made during
2-12 time for which the employee is being compensated to perform work
2-13 for the employing public employer and for which the employee is not
2-14 taking leave;
2-15 (2) uses public funds or property belonging or
2-16 entrusted to the employing public employer in making the
2-17 communication; or
2-18 (3) communicates information or intentionally
2-19 indicates the existence of information:
2-20 (A) to which the employee has access by virtue
2-21 of the person's public office or employment;
2-22 (B) to which the public does not generally have
2-23 access; and
2-24 (C) that is confidential under law.
2-25 (d) Subsection (c) does not affect:
2-26 (1) the right of an elected state official to receive
2-27 information from a state or local governmental entity under other
3-1 law in a manner that may involve a communication from a public
3-2 employee while the employee is working or that may involve the use
3-3 of public funds or property; or
3-4 (2) the right of a member of the legislature to
3-5 receive information that is confidential under law from a state or
3-6 local governmental entity under Section 552.008 or other applicable
3-7 law.
3-8 (e) A state or local governmental entity may not suspend or
3-9 terminate the employment of, or take other adverse personnel action
3-10 against, a public employee for making a communication that is
3-11 protected under Subsection (b) or for failing to comply with a rule
3-12 or a formal or informal policy to the extent that the rule or
3-13 policy is void or may not be applied under Subsection (b). If a
3-14 state or local governmental entity violates this subsection, the
3-15 public employee may seek relief in accordance with Chapter 554, and
3-16 each provision of Chapter 554 applies to the relief that may be
3-17 obtained by the public employee, to the prerequisites and
3-18 procedures for seeking relief, and to the civil penalty that may be
3-19 assessed against a supervisor as if the state or local governmental
3-20 entity had violated Section 554.002.
3-21 SECTION 4. This Act takes effect September 1, 1999, and the
3-22 change in law made by this Act applies only to a communication that
3-23 is made on or after that date.
3-24 SECTION 5. The importance of this legislation and the
3-25 crowded condition of the calendars in both houses create an
3-26 emergency and an imperative public necessity that the
3-27 constitutional rule requiring bills to be read on three several
4-1 days in each house be suspended, and this rule is hereby suspended.