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.