| 1 | 1 | | By: Aycock (Senate Sponsor - Fraser) H.B. No. 483 |
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| 2 | 2 | | (In the Senate - Received from the House April 22, 2013; |
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| 3 | 3 | | April 29, 2013, read first time and referred to Committee on Open |
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| 4 | 4 | | Government; May 15, 2013, reported favorably by the following |
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| 5 | 5 | | vote: Yeas 3, Nays 0; May 15, 2013, sent to printer.) |
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| 6 | 6 | | |
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| 7 | 7 | | |
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| 8 | 8 | | A BILL TO BE ENTITLED |
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| 9 | 9 | | AN ACT |
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| 10 | 10 | | relating to a public hearing held on the issue of making a payment |
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| 11 | 11 | | in excess of the compensation contracted for by a political |
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| 12 | 12 | | subdivision. |
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| 13 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 14 | 14 | | SECTION 1. Chapter 180, Local Government Code, is amended |
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| 15 | 15 | | by adding Section 180.007 to read as follows: |
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| 16 | 16 | | Sec. 180.007. PAYMENTS IN EXCESS OF CONTRACTUAL AMOUNT. |
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| 17 | 17 | | (a) A political subdivision may not pay an employee or former |
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| 18 | 18 | | employee more than an amount owed under a contract with the employee |
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| 19 | 19 | | unless the political subdivision holds at least one public hearing |
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| 20 | 20 | | under this section. |
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| 21 | 21 | | (b) Notice must be given of the hearing in accordance with |
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| 22 | 22 | | notice of a public meeting under Subchapter C, Chapter 551, |
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| 23 | 23 | | Government Code. |
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| 24 | 24 | | (c) The governing body of the political subdivision must |
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| 25 | 25 | | state the following at the public hearing: |
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| 26 | 26 | | (1) the reason the payment in excess of the |
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| 27 | 27 | | contractual amount is being offered to the employee or former |
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| 28 | 28 | | employee, including the public purpose that will be served by |
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| 29 | 29 | | making the excess payment; and |
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| 30 | 30 | | (2) the exact amount of the excess payment, the source |
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| 31 | 31 | | of the payment, and the terms for the distribution of the payment |
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| 32 | 32 | | that effect and maintain the public purpose to be served by making |
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| 33 | 33 | | the excess payment. |
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| 34 | 34 | | SECTION 2. The change in law made by this Act applies only |
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| 35 | 35 | | to a payment made by a political subdivision on or after the |
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| 36 | 36 | | effective date of this Act. A payment made before the effective |
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| 37 | 37 | | date of this Act is governed by the law in effect when the payment |
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| 38 | 38 | | was made, and the former law is continued in effect for that |
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| 39 | 39 | | purpose. |
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| 40 | 40 | | SECTION 3. This Act takes effect immediately if it receives |
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| 41 | 41 | | a vote of two-thirds of all the members elected to each house, as |
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| 42 | 42 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 43 | 43 | | Act does not receive the vote necessary for immediate effect, this |
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| 44 | 44 | | Act takes effect September 1, 2013. |
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| 45 | 45 | | * * * * * |
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