HBA-TYH, PDH C.S.H.B. 961 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 961
By: Jones, Delwin
State Affairs
4/15/1999
Committee Report (Substituted)



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.  C.S.H.B. 961 clarifies the rights of a public
employee to contact any elected state official, including any member of the
legislature.  The bill also 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: 

 CHAPTER 556.  New title: POLITICAL ACTIVITIES BY STATE 
AGENCIES AND PUBLIC EMPLOYEES

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 ELECTED STATE
OFFICIALS; 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 any
elected state official, including any member of the legislature, without
regard to whether the public employee or the elected state official
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 an elected state official,
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 to the extent that the public employee communicates while
the employee is at work, uses public funds or property belonging to the
employing public employer in making  the communication,  or 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 an elected state official to receive information from a state
or local governmental entity under other law in a manner that may involve a
communication from a public employee while the employee is working or that
may involve the use of public funds or property; or  

_the right 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.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute modifies the original bill in the caption by expanding the
applicability of the original bill from "the employee's state senator or
state representative" to "any elected state official."  The substitute also
modifies the original bill in SECTION 3 by including any member of the
legislature as an elected state official, in proposed Section 556.007(b).
In proposed Section 556.007(c), the substitute provides that this section
does not apply to a communication made by a public employee to the extent
that the public employee communicates while the employee is at work or uses
public funds or property belonging to the employing public employer in
making  the communication.  In proposed Section 556.007(d), the substitute
provides that this section does not affect the right of an elected state
official to receive information from a state or local governmental entity
under other law in a manner that may involve a communication from a public
employee while the employee is working or that may involve the use of
public funds or property.  Makes conforming changes.