By: Burnam (Senate Sponsor - Garcia) H.B. No. 3739
(In the Senate - Received from the House May 6, 2013;
May 13, 2013, read first time and referred to Committee on
Intergovernmental Relations; May 17, 2013, reported favorably, as
amended, by the following vote: Yeas 5, Nays 0; May 17, 2013, sent
to printer.)
COMMITTEE AMENDMENT NO. 1 By: Garcia
Amend H.B. No. 3739 (House engrossed version) to add
"However, the employee is still expected to fulfill all the duties
and responsibilities associated with their municipal employment."
after "office." on page 1, line 16.
A BILL TO BE ENTITLED
AN ACT
relating to the continued employment of municipal employees who
become candidates for public office.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 150, Local Government Code, is amended
by adding Subchapter C to read as follows:
SUBCHAPTER C. EMPLOYEES AS CANDIDATES FOR OFFICE
Sec. 150.041. PROHIBITED MUNICIPAL ACTIONS. (a) In this
section, "candidate" has the meaning assigned by Section
251.001(1), Election Code.
(b) A municipality may not prohibit a municipal employee
from becoming a candidate for public office.
(c) A municipality may not take disciplinary action against
a municipal employee, including terminating the employment of the
employee, because the employee becomes a candidate for public
office.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2013.
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