86R640 CJC-D
By: Davis of Harris H.B. No. 1297
A BILL TO BE ENTITLED
AN ACT
relating to a restriction on the ability of an individual who has
engaged in certain actions to be appointed as the executive head of,
or be employed as a member of the executive staff of, a state
agency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Chapter 669, Government Code, is
amended to read as follows:
CHAPTER 669. RESTRICTIONS ON CERTAIN ACTIONS INVOLVING EXECUTIVE
HEAD OR EXECUTIVE STAFF OF STATE AGENCY
SECTION 2. Section 669.001, Government Code, is amended by
adding Subdivision (1-a) to read as follows:
(1-a) "Executive staff of a state agency" means the
management or senior level staff members of the state agency who
directly report to the executive head of a state agency.
SECTION 3. Chapter 669, Government Code, is amended by
adding Section 669.005 to read as follows:
Sec. 669.005. RESTRICTION ON APPOINTMENT OR EMPLOYMENT OF
INDIVIDUAL AS EXECUTIVE HEAD OR EXECUTIVE STAFF OF STATE AGENCY
UNDER CERTAIN CIRCUMSTANCES. (a) In this section, "malfeasance"
means intentional misconduct or the knowingly improper performance
of any act, duty, or responsibility, including unethical or
criminal conduct, financial misconduct, or fraud.
(b) An individual may not be appointed as the executive head
of a state agency or be employed as a member of the executive staff
of a state agency if:
(1) the individual was previously the executive head
of a state agency or a member of the executive staff of a state
agency; and
(2) while in that position, the individual:
(A) was terminated or removed from office because
the individual was found to have engaged in malfeasance;
(B) resigned to avoid being terminated or removed
because the individual was found to have engaged in malfeasance; or
(C) was terminated, removed, or resigned in lieu
of termination or removal while under investigation for engaging in
malfeasance, if the findings of the investigation later confirm
that the individual engaged in malfeasance.
SECTION 4. Section 669.005, Government Code, as added by
this Act, does not affect the current appointment of the executive
head of a state agency who was appointed before the effective date
of this Act and does not affect the current employment of a member
of the executive staff of a state agency who was hired before the
effective date of this Act.
SECTION 5. This Act takes effect September 1, 2019.