Bill Text: TX HB1297 | 2019-2020 | 86th Legislature | Introduced

Texas House Bill 1297 (Prior Session Legislation)

Introduced

Bill Title: Relating to a restriction on the ability of an individual who has engaged in certain actions to be appointed as the executive head of, or be employed as a member of the executive staff of, a state agency.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2019-03-20 - Left pending in committee [HB1297 Detail]

Download: Texas-2019-HB1297-Introduced.html

	86R640 CJC-D

	By: Davis of Harris	H.B. No. 1297



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