By Ogden S.B. No. 191 76R2917 JRD-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to restrictions on certain actions involving the executive 1-3 head of a state agency or special district; providing a penalty. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subtitle A, Title 6, Government Code, is amended 1-6 by adding Chapter 618 to read as follows: 1-7 CHAPTER 618. RESTRICTIONS ON CERTAIN ACTIONS INVOLVING 1-8 EXECUTIVE HEAD OF STATE AGENCY OR SPECIAL DISTRICT 1-9 Sec. 618.001. DEFINITIONS. In this chapter: 1-10 (1) "Executive head of a state agency or special 1-11 district" means the director, executive director, commissioner, 1-12 administrator, chief clerk, or other individual who is appointed by 1-13 the governing body of the state agency or special district or by 1-14 another state or local officer to act as the chief executive or 1-15 administrative officer of the agency or district and who is not an 1-16 appointed officer. The term includes the chancellor or 1-17 highest-ranking executive officer of a university system and the 1-18 president of a public senior college or university as defined by 1-19 Section 61.003, Education Code. 1-20 (2) "Special district" means a special-purpose 1-21 district or authority created under the Texas Constitution or a 1-22 statute of this state. 1-23 (3) "State agency" means: 1-24 (A) a department, commission, board, office, or 2-1 other agency that: 2-2 (i) is in the executive branch of state 2-3 government; 2-4 (ii) has authority that is not limited to 2-5 a geographical portion of the state; and 2-6 (iii) was created by the Texas 2-7 Constitution or a statute of this state; or 2-8 (B) a university system or an institution of 2-9 higher education as defined by Section 61.003, Education Code, 2-10 other than a public junior college. 2-11 Sec. 618.002. REASSIGNMENT OF EXECUTIVE HEAD OF STATE AGENCY 2-12 OR SPECIAL DISTRICT. The executive head of a state agency or 2-13 special district may not be reassigned to another position in the 2-14 agency or district or at another agency or district that is also 2-15 controlled by the same governing body unless the governing body, in 2-16 an open meeting, votes to approve the proposed reassignment. 2-17 Sec. 618.003. CONTRACTING WITH EXECUTIVE HEAD OF STATE 2-18 AGENCY OR SPECIAL DISTRICT. A state agency or special district may 2-19 not enter into a contract with the executive head of the state 2-20 agency or special district, with a person who at any time during 2-21 the four years before the date of the contract was the executive 2-22 head of the state agency or special district, or with a person who 2-23 employs a current or former executive head of a state agency or 2-24 special district affected by this section, unless the governing 2-25 body: 2-26 (1) votes, in an open meeting, to approve the 2-27 contract; and 3-1 (2) notifies the Legislative Budget Board, not later 3-2 than the fifth day before the date of the vote, of the terms of the 3-3 proposed contract. 3-4 Sec. 618.004. ACTIONS INVOLVING EXECUTIVE HEAD ARE OPEN 3-5 RECORDS. (a) The terms of the reassignment of an executive head 3-6 of a state agency or special district and the terms of a contract 3-7 with a current or former executive head of a state agency or 3-8 special district are subject to disclosure under Chapter 552 and 3-9 may not be considered to be excepted from required disclosure under 3-10 that chapter. 3-11 (b) A record that pertains to the reassignment of an 3-12 executive head of a state agency or special district, the terms of 3-13 a consulting service contract with a current or former executive 3-14 head of a state agency or special district, or an agreement under 3-15 which a state agency or special district has paid or will pay or 3-16 extend any monetary or other consideration to an executive head of 3-17 a state agency or special district in connection with the 3-18 settlement, compromise, or other resolution of any difference 3-19 between the state agency, special district, or governing body and a 3-20 current or former executive head of the state agency or special 3-21 district may not be withheld from public disclosure. A person that 3-22 attempts to withhold from public disclosure a record under this 3-23 subsection commits an offense. An offense under this subsection is 3-24 a Class A misdemeanor. 3-25 SECTION 2. (a) This Act takes effect September 1, 1999. 3-26 (b) The changes in law made by this Act apply only to a 3-27 contract, reassignment, settlement, compromise, or other resolution 4-1 that takes place or is entered into on or after the effective date 4-2 of this Act. 4-3 SECTION 3. The importance of this legislation and the 4-4 crowded condition of the calendars in both houses create an 4-5 emergency and an imperative public necessity that the 4-6 constitutional rule requiring bills to be read on three several 4-7 days in each house be suspended, and this rule is hereby suspended.