83R11654 TJB-D
By: Burnam H.B. No. 3739
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.
(d) A municipality may suspend, with or without pay, a
municipal employee who becomes a candidate but must reinstate the
employee to the job previously held by the employee when the
employee ends the campaign or is elected to office, unless the
duties of the office interfere with the person's duties as a
municipal employee.
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.