87S10687 SCL-D
 
  By: Leach H.B. No. 254
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to severance pay for political subdivision employees and
  independent contractors.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 180, Local Government Code, is amended
  by adding Section 180.010 to read as follows:
         Sec. 180.010.  LIMITATION ON SEVERANCE PAY FOR EMPLOYEES AND
  INDEPENDENT CONTRACTORS. (a) In this section, "misconduct" means
  an act or omission by an employee or contractor of a political
  subdivision in the performance of the employee's or contractor's
  duties that the governing body of the political subdivision
  determines to be misconduct. The term includes any finding of
  criminal conduct.
         (b)  This section applies to an action brought against a
  political subdivision by an employee or independent contractor of
  the political subdivision arising from the termination of the
  person's employment or contract. A court may not issue a writ of
  execution or mandamus in connection with a judgment in the action if
  the judgment does not comply with this section.
         (c)  This section does not apply to a public or teaching
  hospital.
         (d)  A political subdivision may not, as part of a severance
  package or as part of any other agreement or settlement made in
  relation to the termination of a person's employment or contract as
  an independent contractor, make a payment to an employee or
  independent contractor if:
               (1)  the payment would:
                     (A)  be paid from tax revenue; and
                     (B)  exceed the amount of compensation, at the
  rate at the termination of employment or the contract, the employee
  or independent contractor would have been paid for 20 weeks,
  excluding paid time off or accrued vacation leave; or
               (2)  the employee or independent contractor was
  terminated for misconduct.
         (e)  A political subdivision shall post each severance
  agreement in a prominent place on the political subdivision's
  Internet website.
         SECTION 2.  Section 180.010, Local Government Code, as added
  by this Act, applies only to a contract entered into or an action
  filed on or after the effective date of this Act.
         SECTION 3.  This Act takes effect on the 91st day after the
  last day of the legislative session.