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78R13870 JSA-D


By:  Ellis                                                        S.B. No. 1047

Substitute the following for S.B. No. 1047:                                   

By:  Marchant                                                 C.S.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 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.  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.