H.B. No. 3739
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. This Act shall be known as the Senator Mario
Gallegos Act.
SECTION 2. 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, solely because the employee becomes a candidate for
public office. However, the employee is still expected to fulfill
all the
duties and responsibilities associated with their municipal
employment.
SECTION 3. 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.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3739 was passed by the House on May 2,
2013, by the following vote: Yeas 145, Nays 2, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 3739 on May 23, 2013, by the following vote: Yeas 135, Nays 5,
2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 3739 was passed by the Senate, with
amendments, on May 20, 2013, by the following vote: Yeas 28, Nays
3.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor