C.S.S.B. 1047 78(R)    BILL ANALYSIS


C.S.S.B. 1047
By: Ellis, Rodney
State Affairs
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Current law does not adequately protect a state or local officer who is
acting in a legislative capacity from being subject to disciplinary action
or a sanction, penalty, disability, or liability.  This lack of protection
may make officers reluctant to perform their duties in certain
circumstances.  The purpose of C.S.S.B. 1047 is to provide additional
protection for a state or local officer acting in a legislative capacity. 

RULEMAKING AUTHORITY

It is the opinion of the committee that this bill does not expressly grant
any additional rulemaking authority to a state officer, department,
institution, or agency. 

ANALYSIS

C.S.S.B. 1047 amends Subchapter C, Chapter 572, Government Code, by adding
Section 572.059, to provide that a state or local officer acting in a
legislative capacity shall not be subject to disciplinary action or a
sanction, penalty, disability, or liability for: 

_an action permitted by law that the officer takes in the officer' s
official capacity regarding a legislative measure; 

_proposing, endorsing, or expressing support for or opposition to a
legislative measure or taking any action permitted by law to support or
oppose a legislative measure; 

_the effect of a legislative measure or of a change in law proposed by a
legislative measure on any person; or 

_a breach of duty, in connection with the member's practice of or
employment in a licensed or regulated profession or occupation, to
disclose to any person information, or to obtain a waiver or consent from
any person, regarding:  (1) the officer's actions relating to a
legislative measure; or (2) the substance, effects, or potential effects
of a legislative matter. 

The bill applies to both elected and appointed officers.  

The bill defines "legislative measure" and "a measure of general
application." 

EFFECTIVE DATE

Upon passage, or, if the Act does not receive the necessary vote, the Act
takes effect September 1, 2003. 


COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.S.B. 1047 modifies the original by adding language to specify that a
member of a governing body of a school district or other political
subdivision of this state is included within the definition of "state or
local officer" for purposes of the application of the Act.