AN ACT 1-1 relating to restrictions on certain actions involving the executive 1-2 head of a state agency; providing a penalty. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Subtitle A, Title 6, Government Code, is amended 1-5 by adding Chapter 618 to read as follows: 1-6 CHAPTER 618. RESTRICTIONS ON CERTAIN ACTIONS INVOLVING 1-7 EXECUTIVE HEAD OF STATE AGENCY 1-8 Sec. 618.001. DEFINITIONS. In this chapter: 1-9 (1) "Executive head of a state agency" means the 1-10 director, executive director, commissioner, administrator, chief 1-11 clerk, or other individual who is appointed by the governing body 1-12 of the state agency or by another state or local officer to act as 1-13 the chief executive or administrative officer of the agency and who 1-14 is not an appointed officer. The term includes the chancellor or 1-15 highest-ranking executive officer of a university system and the 1-16 president of a public senior college or university as defined by 1-17 Section 61.003, Education Code. 1-18 (2) "State agency" has the meaning assigned by Section 1-19 572.002. 1-20 Sec. 618.002. REASSIGNMENT OF EXECUTIVE HEAD OF STATE 1-21 AGENCY. The executive head of a state agency may not be reassigned 1-22 to another position in the agency or at another agency that is also 1-23 controlled by the same governing body unless the governing body, in 1-24 an open meeting, votes to approve the proposed reassignment. 2-1 Sec. 618.003. CONTRACTING WITH EXECUTIVE HEAD OF STATE 2-2 AGENCY. A state agency may not enter into a contract with the 2-3 executive head of the state agency, with a person who at any time 2-4 during the four years before the date of the contract was the 2-5 executive head of the state agency, or with a person who employs a 2-6 current or former executive head of a state agency affected by this 2-7 section, unless the governing body: 2-8 (1) votes, in an open meeting, to approve the 2-9 contract; and 2-10 (2) notifies the Legislative Budget Board, not later 2-11 than the fifth day before the date of the vote, of the terms of the 2-12 proposed contract. 2-13 Sec. 618.004. ACTIONS INVOLVING EXECUTIVE HEAD ARE OPEN 2-14 RECORDS. (a) The terms of the reassignment of an executive head 2-15 of a state agency and the terms of a contract with a current or 2-16 former executive head of a state agency are subject to disclosure 2-17 under Chapter 552 and may not be considered to be excepted from 2-18 required disclosure under that chapter. 2-19 (b) A record that pertains to the reassignment of an 2-20 executive head of a state agency, the terms of a consulting service 2-21 contract with a current or former executive head of a state agency, 2-22 or an agreement under which a state agency has paid or will pay or 2-23 extend any monetary or other consideration to an executive head of 2-24 a state agency in connection with the settlement, compromise, or 2-25 other resolution of any difference between the state agency or the 2-26 governing body and a current or former executive head of the state 3-1 agency may not be withheld from public disclosure. A person that 3-2 attempts to withhold from public disclosure a record under this 3-3 subsection commits an offense. An offense under this subsection is 3-4 a Class A misdemeanor. 3-5 SECTION 2. (a) This Act takes effect September 1, 1999. 3-6 (b) The changes in law made by this Act apply only to a 3-7 contract, reassignment, settlement, compromise, or other resolution 3-8 that takes place or is entered into on or after the effective date 3-9 of this Act. 3-10 SECTION 3. The importance of this legislation and the 3-11 crowded condition of the calendars in both houses create an 3-12 emergency and an imperative public necessity that the 3-13 constitutional rule requiring bills to be read on three several 3-14 days in each house be suspended, and this rule is hereby suspended. _______________________________ _______________________________ President of the Senate Speaker of the House I hereby certify that S.B. No. 191 passed the Senate on March 1, 1999, by a viva-voce vote. _______________________________ Secretary of the Senate I hereby certify that S.B. No. 191 passed the House on May 26, 1999, by a non-record vote. _______________________________ Chief Clerk of the House Approved: _______________________________ Date _______________________________ Governor