Bill Text: TX HB254 | 2021 | 87th Legislature 1st Special Session | Introduced
Bill Title: Relating to severance pay for political subdivision employees and independent contractors.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-07-12 - Filed [HB254 Detail]
Download: Texas-2021-HB254-Introduced.html
| 87S10687 SCL-D | ||
| By: Leach | H.B. No. 254 | |
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| relating to severance pay for political subdivision employees and | ||
| independent contractors. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 180, Local Government Code, is amended | ||
| by adding Section 180.010 to read as follows: | ||
| Sec. 180.010. LIMITATION ON SEVERANCE PAY FOR EMPLOYEES AND | ||
| INDEPENDENT CONTRACTORS. (a) In this section, "misconduct" means | ||
| an act or omission by an employee or contractor of a political | ||
| subdivision in the performance of the employee's or contractor's | ||
| duties that the governing body of the political subdivision | ||
| determines to be misconduct. The term includes any finding of | ||
| criminal conduct. | ||
| (b) This section applies to an action brought against a | ||
| political subdivision by an employee or independent contractor of | ||
| the political subdivision arising from the termination of the | ||
| person's employment or contract. A court may not issue a writ of | ||
| execution or mandamus in connection with a judgment in the action if | ||
| the judgment does not comply with this section. | ||
| (c) This section does not apply to a public or teaching | ||
| hospital. | ||
| (d) A political subdivision may not, as part of a severance | ||
| package or as part of any other agreement or settlement made in | ||
| relation to the termination of a person's employment or contract as | ||
| an independent contractor, make a payment to an employee or | ||
| independent contractor if: | ||
| (1) the payment would: | ||
| (A) be paid from tax revenue; and | ||
| (B) exceed the amount of compensation, at the | ||
| rate at the termination of employment or the contract, the employee | ||
| or independent contractor would have been paid for 20 weeks, | ||
| excluding paid time off or accrued vacation leave; or | ||
| (2) the employee or independent contractor was | ||
| terminated for misconduct. | ||
| (e) A political subdivision shall post each severance | ||
| agreement in a prominent place on the political subdivision's | ||
| Internet website. | ||
| SECTION 2. Section 180.010, Local Government Code, as added | ||
| by this Act, applies only to a contract entered into or an action | ||
| filed on or after the effective date of this Act. | ||
| SECTION 3. This Act takes effect on the 91st day after the | ||
| last day of the legislative session. | ||
