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S.B. No. 1047
AN ACT
relating to the authority and permissible actions of state and
local officers, including protecting such 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 officers
acting in a legislative capacity, a state or local officer, whether
elected or appointed, including a member of the governing body of a
school district or other political subdivision of this state, 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. Section 25.051, Local Government Code, is
amended to read as follows:
Sec. 25.051. OTHER MUNICIPAL OFFICERS. (a) After a
municipality adopts the city manager form of government under this
chapter, all municipal officers, except members of the governing
body of the municipality, shall be appointed as provided by
ordinance. However, an elected officer serving at the time of the
adoption of the city manager form of government may continue to
serve until the expiration of the officer's term.
(b) This chapter does not limit the authority of the
governing body of a general-law municipality to appoint and
prescribe the powers and duties of a municipal officer or employee
under Chapter 22, 23, or 24.
SECTION 3. Chapter 171, Local Government Code, is amended
by adding Section 171.010 to read as follows:
Sec. 171.010. PRACTICE OF LAW. (a) For purposes of this
chapter, a county judge or county commissioner engaged in the
private practice of law has a substantial interest in a business
entity if the official has entered a court appearance or signed
court pleadings in a matter relating to that business entity.
(b) A county judge or county commissioner that has a
substantial interest in a business entity as described by
Subsection (a) must comply with this chapter.
(c) A judge of a constitutional county court may not enter a
court appearance or sign court pleadings as an attorney in any
matter before:
(1) the court over which the judge presides; or
(2) any court in this state over which the judge's
court exercises appellate jurisdiction.
(d) Upon compliance with this chapter, a county judge or
commissioner may practice law in the courts located in the county
where the county judge or commissioner serves.
SECTION 4. 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.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1047 passed the Senate on
April 2, 2003, by the following vote: Yeas 31, Nays 0; and that
the Senate concurred in House amendments on May 29, 2003, by the
following vote: Yeas 30, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1047 passed the House, with
amendments, on May 24, 2003, by the following vote: Yeas 110,
Nays 0, two present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor