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.