Texas 2021 87th Regular

Texas House Bill HB1804 Analysis / Analysis

Filed 04/12/2021

                    BILL ANALYSIS             H.B. 1804     By: Meyer     State Affairs     Committee Report (Unamended)             BACKGROUND AND PURPOSE    Recently, it was reported that the U.S. Congress established a fund that used taxpayer dollars to settle claims of sexual harassment or inappropriate workplace conduct committed by members of Congress. It has been suggested that this is an inappropriate use of taxpayer dollars and that the state should ensure that such a fund is not set up for certain persons serving in state government. H.B. 1804 seeks to prohibit the creation of such a fund and the use of state money for those purposes and to make elected and appointed officials and those officials' staff members personally financially liable for any such claim that arises from their misconduct.        CRIMINAL JUSTICE IMPACT   It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.       RULEMAKING AUTHORITY    It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.       ANALYSIS    H.B. 1804 amends the Government Code to prohibit the legislature from appropriating money, and prohibit a state agency from using appropriated money, to settle or otherwise pay a sexual harassment claim made against any of the following persons:        an elected member of state government;         a person appointed by the governor to serve in public office within state government; or         a person who serves as staff for such an elected or appointed person.       EFFECTIVE DATE    September 1, 2021.        

BILL ANALYSIS

# BILL ANALYSIS

 

 

 

H.B. 1804
By: Meyer
State Affairs
Committee Report (Unamended)

H.B. 1804

By: Meyer

State Affairs

Committee Report (Unamended)

 

 

 

BACKGROUND AND PURPOSE    Recently, it was reported that the U.S. Congress established a fund that used taxpayer dollars to settle claims of sexual harassment or inappropriate workplace conduct committed by members of Congress. It has been suggested that this is an inappropriate use of taxpayer dollars and that the state should ensure that such a fund is not set up for certain persons serving in state government. H.B. 1804 seeks to prohibit the creation of such a fund and the use of state money for those purposes and to make elected and appointed officials and those officials' staff members personally financially liable for any such claim that arises from their misconduct.
CRIMINAL JUSTICE IMPACT   It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY    It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS    H.B. 1804 amends the Government Code to prohibit the legislature from appropriating money, and prohibit a state agency from using appropriated money, to settle or otherwise pay a sexual harassment claim made against any of the following persons:        an elected member of state government;         a person appointed by the governor to serve in public office within state government; or         a person who serves as staff for such an elected or appointed person.
EFFECTIVE DATE    September 1, 2021.

BACKGROUND AND PURPOSE 

 

Recently, it was reported that the U.S. Congress established a fund that used taxpayer dollars to settle claims of sexual harassment or inappropriate workplace conduct committed by members of Congress. It has been suggested that this is an inappropriate use of taxpayer dollars and that the state should ensure that such a fund is not set up for certain persons serving in state government. H.B. 1804 seeks to prohibit the creation of such a fund and the use of state money for those purposes and to make elected and appointed officials and those officials' staff members personally financially liable for any such claim that arises from their misconduct. 

 

CRIMINAL JUSTICE IMPACT

 

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

 

RULEMAKING AUTHORITY 

 

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

 

ANALYSIS 

 

H.B. 1804 amends the Government Code to prohibit the legislature from appropriating money, and prohibit a state agency from using appropriated money, to settle or otherwise pay a sexual harassment claim made against any of the following persons:

       an elected member of state government; 

       a person appointed by the governor to serve in public office within state government; or 

       a person who serves as staff for such an elected or appointed person.

 

EFFECTIVE DATE 

 

September 1, 2021.