By West                                                H.B. No. 876
         77R2235 MTB-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to a notice given to a legislator before a state agency
 1-3     releases information to the news media.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Chapter 553, Government Code, is amended by
 1-6     adding Subchapter C to read as follows:
 1-7      SUBCHAPTER C.  NOTICE TO LEGISLATOR ABOUT RELEASE OF INFORMATION
 1-8           Sec. 553.041.  DEFINITION. In this subchapter, "state
 1-9     regulatory agency" means a board, commission, department, office,
1-10     or other agency, other than an elected official, that:
1-11                 (1)  is in the executive branch of state government;
1-12                 (2)  is created by the constitution or a statute of
1-13     this state;
1-14                 (3)  has statewide jurisdiction; and
1-15                 (4)  has authority to grant, deny, renew, suspend, or
1-16     revoke a license, permit, certificate, registration, or other form
1-17     of permission to engage in an occupation, operate a business, or
1-18     engage in another activity.
1-19           Sec. 553.042.  NOTICE. (a)  Before a state regulatory agency
1-20     releases information to the news media in the form of a press
1-21     release or a press conference that relates to the impact of an
1-22     agency regulatory activity on a specific individual, business,
1-23     governmental entity, or other person in a state legislative
1-24     district, the agency shall make a reasonable attempt to give each
 2-1     member of the legislature who represents the district a notice of
 2-2     the release of information.
 2-3           (b)  The executive director of the state regulatory agency
 2-4     shall ensure that notice is given as provided by this section.
 2-5           (c)  The notice may be given by any method, including a
 2-6     telephone communication.
 2-7           (d)  A violation of Subsection (a) subjects a person
 2-8     responsible for releasing information to the news media, including
 2-9     the executive director of the state regulatory agency, to discharge
2-10     from employment or removal from office.
2-11           (e)  Before the discharge from employment or removal from
2-12     office, the governing body of the state regulatory agency shall
2-13     hold a hearing to determine the responsibility for the release of
2-14     information to the news media.
2-15           SECTION 2.  This Act takes effect September 1, 2001.