SRC-BWC S.B. 1111 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 1111
77R7058 DLF-FBy: Harris
State Affairs
3/14/2001
As Filed


DIGEST AND PURPOSE 

Currently, a public servant is prohibited from accepting or agreeing to
accept any benefit from a person who has or is likely to have an interest
in any matter before the public servant.  This poses a problem for
attorneys who work as a law clerk or for a prosecutor's office for a
limited time to gain experience. Frequently, before these persons begin to
work for the court or prosecutor's office, they have already accepted
employment with a law firm to begin after the limited term is completed.
These types of arrangements possibly violate the Penal Code.  If the law is
not changed, the ability of the courts and the prosecutor's office to
maintain these programs is in jeopardy.  As proposed, S.B. 1111 requires a
state employee who is employed for a definite, limited time and has entered
into an agreement to work for an entity once that time is completed, to
file a verified statement with the Ethics Commission.  If the employee has
filed such a statement and is acting in compliance with a written code of
professional conduct authorized under state law, the employee will not be
subject to certain provisions of the Penal Code prohibiting a public
servant from accepting certain benefits. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 572, Government Code, by adding Subchapter D, as
follows: 

SUBCHAPTER D.  STATEMENTS OF CERTAIN STATE EMPLOYEES

Sec. 572.101.  INFORMATION ON BENEFITS RECEIVED BY CERTAIN SHORTTERM STATE
EMPLOYEES.  (a)  Authorizes a person who is or is to be employed as a state
employee for a definite and limited period of three years or less to
solicit, accept, or agree to accept a benefit from a private employer
before, during, or after employment by the state only if the benefit is in
consideration for the person agreeing to work for the private employer on
completion of the person's definite and limited period of state employment
and the person complies with Subsections (b), (c), and (d). 

(b)  Requires a person who receives or anticipates the receipt of a benefit
described by Subsection (a) to file a verified statement with the Texas
Ethics Commission (commission) that states certain information.   

(c)  Requires a person required to file a verified statement under
Subsection (b) to file the statement not later than the date the person
begins the definite and limited term of state employment. 

(d)  Requires a person to file a supplemental verified statement, if during
a person's state employment the person solicits, accepts, agrees to accept,
or receives a benefit that has not been reported or that is in addition to
or changed from a benefit reported under Subsection (b).  Requires the
supplemental verified statement to be filed not later than the seventh day
after the date that the new, additional, or changed benefit is first
solicited, accepted, agreed to be accepted, or received and requires it to
describe the new, additional, or changed benefit. 

(e)  Provides that Sections 572.029 and 572.032 apply to a statement filed
under this section as if the statement were a financial statement required
by Subchapter B.   

SECTION 2.  Amends Section 36.10(a), Penal Code, to provide that Sections
36.08 (Gift to Public Servant) and 36.09 (Offering Gift to Public Servant)
do not apply to a benefit to a public servant required to file a statement
under Chapter 572B (Personal Financial Statement), Government Code, and a
benefit described by Section 572.101, Government Code, as added by this
Act, to a public servant if the recipient complies with certain sections or
written codes. 

SECTION 3.  Effective date:  upon passage or September 1, 2001.