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A BILL TO BE ENTITLED
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AN ACT
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relating to a restriction on the ability of an individual who has |
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engaged in certain actions to be appointed as the executive head of, |
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or be employed as a member of the executive staff of, a state |
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agency. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Chapter 669, Government Code, is |
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amended to read as follows: |
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CHAPTER 669. RESTRICTIONS ON CERTAIN ACTIONS INVOLVING EXECUTIVE |
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HEAD OR EXECUTIVE STAFF OF STATE AGENCY |
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SECTION 2. Section 669.001, Government Code, is amended by |
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adding Subdivision (1-a) to read as follows: |
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(1-a) "Executive staff of a state agency" means the |
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management or senior level staff members of the state agency who |
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directly report to the executive head of a state agency. |
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SECTION 3. Chapter 669, Government Code, is amended by |
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adding Section 669.005 to read as follows: |
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Sec. 669.005. RESTRICTION ON APPOINTMENT OR EMPLOYMENT OF |
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INDIVIDUAL AS EXECUTIVE HEAD OR EXECUTIVE STAFF OF STATE AGENCY |
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UNDER CERTAIN CIRCUMSTANCES. (a) In this section, "malfeasance" |
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means intentional misconduct or the knowingly improper performance |
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of any act, duty, or responsibility, including unethical or |
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criminal conduct, financial misconduct, or fraud. |
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(b) An individual may not be appointed as the executive head |
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of a state agency or be employed as a member of the executive staff |
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of a state agency if: |
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(1) the individual was previously the executive head |
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of a state agency or a member of the executive staff of a state |
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agency; and |
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(2) while in that position, the individual: |
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(A) was terminated or removed from office because |
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the individual was found to have engaged in malfeasance; |
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(B) resigned to avoid being terminated or removed |
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because the individual was found to have engaged in malfeasance; or |
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(C) was terminated, removed, or resigned in lieu |
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of termination or removal while under investigation for engaging in |
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malfeasance, if the findings of the investigation later confirm |
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that the individual engaged in malfeasance. |
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SECTION 4. Section 669.005, Government Code, as added by |
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this Act, does not affect the current appointment of the executive |
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head of a state agency who was appointed before the effective date |
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of this Act and does not affect the current employment of a member |
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of the executive staff of a state agency who was hired before the |
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effective date of this Act. |
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SECTION 5. This Act takes effect September 1, 2019. |