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.