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.