By: Aycock (Senate Sponsor - Fraser) H.B. No. 483
(In the Senate - Received from the House April 22, 2013;
April 29, 2013, read first time and referred to Committee on Open
Government; May 15, 2013, reported favorably by the following
vote: Yeas 3, Nays 0; May 15, 2013, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to a public hearing held on the issue of making a payment
in excess of the compensation contracted for by a political
subdivision.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 180, Local Government Code, is amended
by adding Section 180.007 to read as follows:
Sec. 180.007. PAYMENTS IN EXCESS OF CONTRACTUAL AMOUNT.
(a) A political subdivision may not pay an employee or former
employee more than an amount owed under a contract with the employee
unless the political subdivision holds at least one public hearing
under this section.
(b) Notice must be given of the hearing in accordance with
notice of a public meeting under Subchapter C, Chapter 551,
Government Code.
(c) The governing body of the political subdivision must
state the following at the public hearing:
(1) the reason the payment in excess of the
contractual amount is being offered to the employee or former
employee, including the public purpose that will be served by
making the excess payment; and
(2) the exact amount of the excess payment, the source
of the payment, and the terms for the distribution of the payment
that effect and maintain the public purpose to be served by making
the excess payment.
SECTION 2. The change in law made by this Act applies only
to a payment made by a political subdivision on or after the
effective date of this Act. A payment made before the effective
date of this Act is governed by the law in effect when the payment
was made, and the former law is continued in effect for that
purpose.
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.
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