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