HBA-PDH H.B. 961 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 961
By: Jones, Delwin
State Affairs
2/25/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, the law is unclear regarding the ability of a state employee to
contact the representative or senator representing the district in which
the state employee resides.  H.B. 961 clarifies the rights of a public
employee to contact the representative or senator representing the district
in which the state employee resides.  The bill provides a remedy for a
public employee  denied this right and also sets forth the type of
communications that are not included in this right. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends the chapter heading to Chapter 556, Government Code, as
follows: 

New title:  Chapter 556.  POLITICAL ACTIVITIES BY STATE AGENCIES AND PUBLIC
EMPLOYEES.  Deletes "state" from the existing title. 

SECTION 2.  Amends Section 556.002, Government Code, as follows:

Sec. 556.002.  EXCEPTION.  Provides that Sections 556.003 (State Employees'
Rights), 556.004 (Prohibited Acts of State Employees), and 556.005
(Violation), Government Code, do not apply to an individual employed by the
Department of Public Safety.  Deletes the exception relating to Section
556.006 (Legislative Lobbying). 

SECTION 3.  Amends Chapter 556, Government Code, by adding Section 556.007,
as follows: 

Sec. 556.007.  RIGHT OF PUBLIC EMPLOYEE TO COMMUNICATE WITH LEGISLATOR;
REMEDIES.  (a)  Defines "local governmental entity," "personnel action,"
"public employee," and "state governmental entity." 

(b)  Entitles a public employee to communicate about any matter with the
state representative or state senator in whose district the public employee
resides, whether the public employee or representative or senator initiates
the communication.  Voids and makes inapplicable any rule or policy of a
state or local governmental entity that requires notification of
communications between a public employee and a representative or senator,
or that prohibits, discourages, or conditions such a communication. 

(c)  Provides that Subsection (b) does not apply to a communication made by
a public employee which communicates information or intentionally indicates
the existence of information that the employee has access to because of the
person's employment, that is not generally public knowledge, and that is
confidential under law. 

(d)  Provides that Subsection (c) does not affect the right of a legislator
to receive confidential information from a state or local governmental
entity under Section 552.008 (Information for Legislative Purposes),
Government Code, or other applicable law. 
 
(e)  Prohibits a state or local governmental entity from suspending,
terminating, or reprimanding a public employee for communication made in
compliance with Subsection (b) or for not complying with a rule or policy
made void under this section.  Authorizes an employee to seek relief
provided in Chapter 554 (Protection for Reporting Violations of Law),
Government Code, including each provisions relating to relief,
prerequisites and procedures for seeking relief, and the civil penalty that
may be assessed against a supervisor as if the state or local governmental
entity had violated Section 554.002 (Retaliation Prohibited for Reporting
Violation of Law), Government Code. 

SECTION 4.Effective date: September 1, 1999.
  Makes application of this Act prospective.

SECTION 5.Emergency clause.