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AN ACT
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relating to the continued employment of municipal employees who |
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become candidates for public office. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. This Act shall be known as the Senator Mario |
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Gallegos Act. |
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SECTION 2. Chapter 150, Local Government Code, is amended |
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by adding Subchapter C to read as follows: |
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SUBCHAPTER C. EMPLOYEES AS CANDIDATES FOR OFFICE |
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Sec. 150.041. PROHIBITED MUNICIPAL ACTIONS. (a) In this |
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section, "candidate" has the meaning assigned by Section |
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251.001(1), Election Code. |
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(b) A municipality may not prohibit a municipal employee |
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from becoming a candidate for public office. |
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(c) A municipality may not take disciplinary action against |
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a municipal employee, including terminating the employment of the |
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employee, solely because the employee becomes a candidate for |
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public office. However, the employee is still expected to fulfill |
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all the |
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duties and responsibilities associated with their municipal |
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employment. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 3739 was passed by the House on May 2, |
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2013, by the following vote: Yeas 145, Nays 2, 2 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 3739 on May 23, 2013, by the following vote: Yeas 135, Nays 5, |
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2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 3739 was passed by the Senate, with |
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amendments, on May 20, 2013, by the following vote: Yeas 28, Nays |
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3. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |