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78R3985 JSA-D

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) For purposes of this section, 
an officer acts in a legislative capacity if the officer:
		(1)  takes an action permitted by law regarding a 
legislative measure in the officer's official capacity; or
		(2)  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)  In this section, "legislative measure" includes a bill, 
ordinance, order, rule, or policy of general application.
	(c)  To protect the independence of state and local 
legislative officers, a state or local officer acting in a 
legislative capacity may not be 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.
	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.