By Jones of Lubbock                                    H.B. No. 961
         76R1361 JRD-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the right of a public employee to communicate with the
 1-3     employee's state senator or state representative; imposing a civil
 1-4     penalty.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  The chapter heading to Chapter 556, Government
 1-7     Code, is amended to read as follows:
 1-8       CHAPTER 556.  POLITICAL ACTIVITIES BY STATE AGENCIES AND PUBLIC
 1-9                              [STATE] EMPLOYEES
1-10           SECTION 2.  Section 556.002, Government Code, is amended to
1-11     read as follows:
1-12           Sec. 556.002.  EXCEPTION.  Sections 556.003, 556.004, and
1-13     556.005 do [Except for Section 556.006, this chapter does] not
1-14     apply to an individual employed by the Department of Public Safety.
1-15           SECTION 3.  Chapter 556, Government Code, is amended by
1-16     adding Section 556.007 to read as follows:
1-17           Sec. 556.007.  RIGHT OF PUBLIC EMPLOYEE TO COMMUNICATE WITH
1-18     LEGISLATOR; REMEDIES.  (a)  In this section, "local governmental
1-19     entity," "personnel action," "public employee," and "state
1-20     governmental entity" have the meanings assigned by Section 554.001.
1-21           (b)  Except as provided by Subsection (c), a public employee
1-22     is entitled to communicate about any matter with the state
1-23     representative and state senator in whose districts the public
1-24     employee resides, without regard to whether the communication is
 2-1     initiated by the public employee or by the state representative or
 2-2     state senator.  To the extent that a rule or a formal or informal
 2-3     policy of a state governmental entity or a local governmental
 2-4     entity requires notice to the public employee's employer of such a
 2-5     communication with a state senator or state representative or
 2-6     prohibits, discourages, or conditions such a communication with a
 2-7     state senator or state representative, the rule or policy is void
 2-8     and may not be applied.
 2-9           (c)  Subsection (b) does not apply to a communication by a
2-10     public employee to the extent that the public employee communicates
2-11     information or intentionally indicates the existence of
2-12     information:
2-13                 (1)  to which the employee has access by virtue of the
2-14     person's public office or employment;
2-15                 (2)  to which the public does not generally have
2-16     access; and
2-17                 (3)  that is confidential under law.
2-18           (d)  Subsection (c) does not affect the right of a member of
2-19     the legislature to receive information that is confidential under
2-20     law from a state or local governmental entity under Section 552.008
2-21     or other applicable law.
2-22           (e)  A state or local governmental entity may not suspend or
2-23     terminate the employment of, or take other adverse personnel action
2-24     against, a public employee for making a communication that is
2-25     protected under Subsection (b) or for failing to comply with a rule
2-26     or a formal or informal policy to the extent that the rule or
2-27     policy is void or may not be applied under Subsection (b).  If a
 3-1     state or local governmental entity violates this subsection, the
 3-2     public employee may seek relief in accordance with Chapter 554, and
 3-3     each provision of Chapter 554 applies to the relief that may be
 3-4     obtained by the public employee, to the prerequisites and
 3-5     procedures for seeking relief, and to the civil penalty that may be
 3-6     assessed against a supervisor as if the state or local governmental
 3-7     entity had violated Section 554.002.
 3-8           SECTION 4.  This Act takes effect September 1, 1999, and the
 3-9     change in law made by this Act applies only to a communication that
3-10     is made on or after that date.
3-11           SECTION 5.  The importance of this legislation and the
3-12     crowded condition of the calendars in both houses create an
3-13     emergency and an imperative public necessity that the
3-14     constitutional rule requiring bills to be read on three several
3-15     days in each house be suspended, and this rule is hereby suspended.