1-1 By: Ogden S.B. No. 191 1-2 (In the Senate - Filed January 19, 1999; January 28, 1999, 1-3 read first time and referred to Committee on State Affairs; 1-4 February 22, 1999, reported favorably, as amended, by the following 1-5 vote: Yeas 8, Nays 0; February 22, 1999, sent to printer.) 1-6 COMMITTEE AMENDMENT NO. 1 By: Brown 1-7 (1) Amend S.B. No. 191, in Section 1 of the bill, in the 1-8 title for CHAPTER 618, after the word "AGENCY", delete the phrase 1-9 "OR SPECIAL DISTRICT". 1-10 (2) Amend S.B. No. 191, in Section 1 of the bill, in added 1-11 Section 618.001 by deleting Subdivisions (2) and (3) in their 1-12 entirety and substituting a new subdivision to read as follows: 1-13 (2) "State agency" has the same meaning assigned by 1-14 Section 572.002. 1-15 (3) Amend S.B. No. 191, in Sections 618.01, 618.002, 1-16 618.003, and 618.004 by deleting the phrases "or special district", 1-17 "or district", "OR SPECIAL DISTRICT" and ", special district," 1-18 throughout. 1-19 (4) Amend the caption to conform with the body of the bill. 1-20 A BILL TO BE ENTITLED 1-21 AN ACT 1-22 relating to restrictions on certain actions involving the executive 1-23 head of a state agency or special district; providing a penalty. 1-24 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-25 SECTION 1. Subtitle A, Title 6, Government Code, is amended 1-26 by adding Chapter 618 to read as follows: 1-27 CHAPTER 618. RESTRICTIONS ON CERTAIN ACTIONS INVOLVING 1-28 EXECUTIVE HEAD OF STATE AGENCY OR SPECIAL DISTRICT 1-29 Sec. 618.001. DEFINITIONS. In this chapter: 1-30 (1) "Executive head of a state agency or special 1-31 district" means the director, executive director, commissioner, 1-32 administrator, chief clerk, or other individual who is appointed by 1-33 the governing body of the state agency or special district or by 1-34 another state or local officer to act as the chief executive or 1-35 administrative officer of the agency or district and who is not an 1-36 appointed officer. The term includes the chancellor or 1-37 highest-ranking executive officer of a university system and the 1-38 president of a public senior college or university as defined by 1-39 Section 61.003, Education Code. 1-40 (2) "Special district" means a special-purpose 1-41 district or authority created under the Texas Constitution or a 1-42 statute of this state. 1-43 (3) "State agency" means: 1-44 (A) a department, commission, board, office, or 1-45 other agency that: 1-46 (i) is in the executive branch of state 1-47 government; 1-48 (ii) has authority that is not limited to 1-49 a geographical portion of the state; and 1-50 (iii) was created by the Texas 1-51 Constitution or a statute of this state; or 1-52 (B) a university system or an institution of 1-53 higher education as defined by Section 61.003, Education Code, 1-54 other than a public junior college. 1-55 Sec. 618.002. REASSIGNMENT OF EXECUTIVE HEAD OF STATE AGENCY 1-56 OR SPECIAL DISTRICT. The executive head of a state agency or 1-57 special district may not be reassigned to another position in the 1-58 agency or district or at another agency or district that is also 1-59 controlled by the same governing body unless the governing body, in 1-60 an open meeting, votes to approve the proposed reassignment. 1-61 Sec. 618.003. CONTRACTING WITH EXECUTIVE HEAD OF STATE 1-62 AGENCY OR SPECIAL DISTRICT. A state agency or special district may 1-63 not enter into a contract with the executive head of the state 2-1 agency or special district, with a person who at any time during 2-2 the four years before the date of the contract was the executive 2-3 head of the state agency or special district, or with a person who 2-4 employs a current or former executive head of a state agency or 2-5 special district affected by this section, unless the governing 2-6 body: 2-7 (1) votes, in an open meeting, to approve the 2-8 contract; and 2-9 (2) notifies the Legislative Budget Board, not later 2-10 than the fifth day before the date of the vote, of the terms of the 2-11 proposed contract. 2-12 Sec. 618.004. ACTIONS INVOLVING EXECUTIVE HEAD ARE OPEN 2-13 RECORDS. (a) The terms of the reassignment of an executive head 2-14 of a state agency or special district and the terms of a contract 2-15 with a current or former executive head of a state agency or 2-16 special district are subject to disclosure under Chapter 552 and 2-17 may not be considered to be excepted from required disclosure under 2-18 that chapter. 2-19 (b) A record that pertains to the reassignment of an 2-20 executive head of a state agency or special district, the terms of 2-21 a consulting service contract with a current or former executive 2-22 head of a state agency or special district, or an agreement under 2-23 which a state agency or special district has paid or will pay or 2-24 extend any monetary or other consideration to an executive head of 2-25 a state agency or special district in connection with the 2-26 settlement, compromise, or other resolution of any difference 2-27 between the state agency, special district, or governing body and a 2-28 current or former executive head of the state agency or special 2-29 district may not be withheld from public disclosure. A person that 2-30 attempts to withhold from public disclosure a record under this 2-31 subsection commits an offense. An offense under this subsection is 2-32 a Class A misdemeanor. 2-33 SECTION 2. (a) This Act takes effect September 1, 1999. 2-34 (b) The changes in law made by this Act apply only to a 2-35 contract, reassignment, settlement, compromise, or other resolution 2-36 that takes place or is entered into on or after the effective date 2-37 of this Act. 2-38 SECTION 3. The importance of this legislation and the 2-39 crowded condition of the calendars in both houses create an 2-40 emergency and an imperative public necessity that the 2-41 constitutional rule requiring bills to be read on three several 2-42 days in each house be suspended, and this rule is hereby suspended. 2-43 * * * * *