| TO: | Honorable Bill Ratliff, Chair, Senate Committee on State Affairs |
| FROM: | John Keel, Director, Legislative Budget Board |
| IN RE: | SB1047 by Ellis, Rodney (Relating to protecting state and local officers from certain consequences based on their legislative actions.), Committee Report 1st House, Substituted |
The bill adds Section 572.059 to the Government Code relating to the independence of state and local officers acting in their legislative capacity. 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. 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. The Committee Substitute adds "legislative measures" including bills, resolutions, orders or other proposals to adopt, enact, amend, or repeal a statute, ordinance, rule, or policy of general application; proposals to adopt, enact, amend, or grant a variance or other exception to a zoning ordinance; or a proposed constitutional amendment or charter amendment subject to a vote of the electorate.
The bill takes effect immediately if it receives a vote of two-thirds of all members of each house; otherwise it takes effect September 1, 2003.
| Source Agencies: | 302 Office of the Attorney General, 356 Texas Ethics Commission
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| LBB Staff: | JK, RR, MS, BL, KG
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