By: Ellis S.B. No. 1047
A BILL TO BE ENTITLED
AN ACT
relating to protecting state and local officers from certain
consequences based on their legislative actions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 572, Government Code, is
amended by adding Section 572.059 to read as follows:
Sec. 572.059. INDEPENDENCE OF STATE AND LOCAL OFFICERS
ACTING IN LEGISLATIVE CAPACITY. (a) In this section, "legislative
measure" includes:
(1) a bill, resolution, order, or other proposal to
adopt, enact, amend, or repeal a statute, ordinance, rule, or
policy of general application;
(2) a proposal to adopt, enact, amend, or repeal, or to
grant a variance or other exception to, a zoning ordinance; or
(3) a proposed constitutional amendment or charter
amendment subject to a vote of the electorate.
(b) For purposes of Subsection (a), a measure that is
applicable to a class or subset of persons or matters that is
defined in general terms without naming the particular persons or
matters is a measure of general application.
(c) To protect the independence of state and local
legislative officers, a state or local officer, including any
elected or appointed officer, may not be subject to disciplinary
action or a sanction, penalty, disability, or liability for:
(1) an action permitted by law that the officer takes
in the officer's official capacity regarding a legislative measure;
(2) 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;
(3) the effect of a legislative measure or of a change
in law proposed by a legislative measure on any person; or
(4) 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:
(A) the officer's actions relating to a
legislative measure; or
(B) the substance, effects, or potential effects
of a legislative measure.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2003.