83R11654 TJB-D
 
  By: Burnam H.B. No. 3739
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the continued employment of municipal employees who
  become candidates for public office.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 150, Local Government Code, is amended
  by adding Subchapter C to read as follows:
  SUBCHAPTER C. EMPLOYEES AS CANDIDATES FOR OFFICE
         Sec. 150.041.  PROHIBITED MUNICIPAL ACTIONS. (a) In this
  section, "candidate" has the meaning assigned by Section
  251.001(1), Election Code.
         (b)  A municipality may not prohibit a municipal employee
  from becoming a candidate for public office.
         (c)  A municipality may not take disciplinary action against
  a municipal employee, including terminating the employment of the
  employee, because the employee becomes a candidate for public
  office.
         (d)  A municipality may suspend, with or without pay, a
  municipal employee who becomes a candidate but must reinstate the
  employee to the job previously held by the employee when the
  employee ends the campaign or is elected to office, unless the
  duties of the office interfere with the person's duties as a
  municipal employee.
         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, 2013.