SRC-MSY S.B. 1047 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 1047
78R3985 JSA-DBy: Ellis, Rodney
State Affairs
3/24/2003
As Filed


DIGEST AND PURPOSE 

Current law does not exempt 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 for that action in connection
with the officer's practice of a licensed or regulated profession or
occupation.  As proposed, S.B. 1047 provides that a state or local
official who takes legislative action is acting within that person's
legislative capacity, as defined by this act, and may not be subject to
disciplinary action or otherwise punished for such an action taken
connection with the officer's practice of a licensed or regulated
profession or occupation. 

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 572C, Government Code, by adding Section
572.059, as follows: 

Sec.  572.059.  INDEPENDENCE OF STATE AND LOCAL OFFICERS ACTING IN
LEGISLATIVE CAPACITY.  (a)  Provides that, for the purposes of this
section, an officer acts in a legislative capacity if the officer takes an
action permitted by law regarding a legislative measure in the officer's
official capacity, or proposes, endorses, or expresses support for or
against a legislative measure or takes any action permitted by law to
support or oppose a legislative measure. 

(b)  Defines "legislative measure" for the purposes of this section.

(c)  Prohibits a state or local officer acting in a legislative capacity
from being subject to disciplinary action or a sanction, penalty,
disability, or liability for that action in connection with the officer's
practice of a licensed or regulated profession or occupation, in order to
protect the independence of state and local legislative officers. 

SECTION 2.  Effective date:  upon passage or September 1, 2003.