By: Eckels H.B. No. 2450
73R6424 T
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to ethics and accountability in state government, to the
1-3 filing of personal financial statements, to the receipt of certain
1-4 compensation; and providing civil and criminal penalties.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 7, Chapter 421, Acts of the 63rd
1-7 Legislature, Regular Session, 1973 (Article 6252-9b, Vernon's Texas
1-8 Civil Statutes), is amended to read as follows:
1-9 Sec. 7. PROHIBITED ACTS. (a) No member of the legislature
1-10 shall, for compensation, represent another person before a state
1-11 agency in the executive branch of state government unless<.>
1-12 <(1) the representation is made in a proceeding that
1-13 is adversary in nature or other public hearing which is a matter of
1-14 record; or>
1-15 <(2)> the representation involves the filing of
1-16 documents, contacts with such agency, or other relations, which
1-17 involve only ministerial acts on the part of the commission,
1-18 agency, board, department, or officer.
1-19 (b) An offense under this section is a Class A misdemeanor.
1-20 (c) this section applies only to members of the 74th and
1-21 subsequent legislatures. This subsection expires January 31, 1995.
1-22 SECTION 2. Section 7C, Chapter 421, Acts of the 63rd
1-23 Legislature, Regular Session, 1973 (Article 6252-9b, Vernon's Texas
1-24 Civil Statutes), is amended to read as follows:
2-1 Sec. 7C. CONTRACTS WITH GOVERNMENTAL ENTITIES. (a) A state
2-2 officer may not solicit or accept <from the state, a political
2-3 subdivision of the state, or a governmental entity created under
2-4 the constitution or laws of the state> a commission, fee, bonus,
2-5 retainer, or rebate that is compensation for the officer's personal
2-6 solicitation for the award of a contract for services or sale of
2-7 goods to the state, a political subdivision of the state, or a
2-8 governmental entity created under the constitution or laws of the
2-9 state.
2-10 (b) This section does not apply to:
2-11 (1)<, excluding> contracts that are awarded by
2-12 competitive bid as provided by law and that are not otherwise
2-13 prohibited by law; and
2-14 (2) all court appointments.
2-15 (c) <(b)> A state officer who violates this section commits
2-16 an offense. An offense under this section is a Class A
2-17 misdemeanor.
2-18 SECTION 3. Sections 4(c) and (d), Chapter 421, Acts of the
2-19 63rd Legislature, Regular Session, 1973 (Article 6252-9b, Vernon's
2-20 Texas Civil Statutes), are amended to read as follows:
2-21 (c) The account of financial activity referred to in
2-22 Subsection (a) of this section shall consist of:
2-23 (1) a list of all sources of occupational income,
2-24 identified by employer, or if self-employed, by the nature of the
2-25 occupation, including identification of any person, business
2-26 entity, or other organization from whom the person or a business in
2-27 which he has a substantial interest received a fee as a retainer
3-1 for a claim on future services in case of need (as opposed to a fee
3-2 for services on a matter specified at the time of contracting for
3-3 or receiving the fee), whenever professional or occupational
3-4 services were not actually performed during the reporting period
3-5 commensurate to or in excess of the amount of the retainer, and the
3-6 category of the amount of the fee;
3-7 (2) identification by name and category of number of
3-8 shares of stock of any business entity held or acquired, and if
3-9 sold the category of the amount of net gain or loss realized from
3-10 such sale;
3-11 (3) a list of all bonds, notes, and other commercial
3-12 paper held or acquired, and if sold the category of the amount of
3-13 net gain or loss realized from such sale;
3-14 (4) identification of each source and the category of
3-15 the amount of income in excess of $500 derived per source from
3-16 interest, dividends, royalties, and rents;
3-17 (5) identification of each guarantor of a loan and
3-18 identification of each person or financial institution to whom a
3-19 personal note or notes or lease agreement for a total financial
3-20 liability in excess of $1,000 existed at any time during the year,
3-21 and the category of the amount of the liability;
3-22 (6) identification by description of all beneficial
3-23 interests in real property and business entities held or acquired,
3-24 and if sold the category of the amount of the net gain or loss
3-25 realized from such sale;
3-26 (7) identification of any person, business entity, or
3-27 other organization from whom the person or his spouse or dependent
4-1 children received a gift of anything of value in excess of $250 in
4-2 value and a description of each gift, except:
4-3 (A) gifts received from persons related to the
4-4 person at any time within the second degree of consanguinity or
4-5 affinity, as determined under Article 5996h, Revised Statutes;
4-6 (B) political contributions that were reported
4-7 as required by law; and
4-8 (C) expenditures required to be reported by a
4-9 person required to be registered under Chapter 305, Government
4-10 Code;
4-11 (8) identification of the source and the category of
4-12 the amount of all income received as beneficiary of a trust and
4-13 identification of each asset, if known to the beneficiary, from
4-14 which income was received by the beneficiary in excess of $500;
4-15 (9) identification by description and category of the
4-16 amount of all assets and liabilities of any corporation or
4-17 partnership in which 50 percent or more of the outstanding
4-18 ownership was held, acquired, or sold;
4-19 (10) a list of all boards of directors of which the
4-20 person is a member and executive positions which the person holds
4-21 in corporations, firms, partnerships, and proprietorships, stating
4-22 the name of each corporation, firm, partnership, or proprietorship
4-23 and the position held;
4-24 (11) identification of any person providing
4-25 transportation, meals, or lodging expenses permitted under
4-26 Section 36.07(b), Penal Code, and the amount of those expenses,
4-27 other than expenditures required to be reported under Chapter 305,
5-1 Government Code<; and>,
5-2 (12) any partnership, joint venture, or other business
5-3 association, excluding a publicly held corporation, in which the
5-4 state officer and a person registered under Chapter 305, Government
5-5 Code, have an interest; and
5-6 (13) A list of each appointment to perform services or
5-7 contract received from a court, administrative agency, the state, a
5-8 political subdivision of the state or a governmental entity created
5-9 under the laws or constitution of the state which shall
5-10 include: the appointing or contracting court or entity, the name
5-11 of the person making the appointment or awarding the contract, the
5-12 nature of the appointment or contract, the services performed, the
5-13 amount of any fee collected, the name of the person who paid the
5-14 fee and the name of any entity on behalf of which the fee was paid.
5-15 SECTION 4. Chapter 421, Acts of the 63rd Legislature,
5-16 Regular Session, 1973 (Article 6252-9b, Vernon's Texas Civil
5-17 Statutes), is amended by adding Section 7D to read as follows:
5-18 Sec. 7D. PROHIBITED ACTIVITIES OF FORMER LEGISLATORS,
5-19 LEGISLATIVE STAFF, OR STATEWIDE ELECTED OFFICIALS. (a) An
5-20 individual may not engage in activities that require registration
5-21 under Chapter 305, Government Code, for the first two years after
5-22 the date the individual ceases to be a member of the legislature,
5-23 ceases to be employed by a member of the legislature, or ceases to
5-24 be a statewide elected official.
5-25 (b) An individual commits an offense if the individual
5-26 intentionally or knowingly violates Subsection (a) of this section.
5-27 An offense under this subsection is a Class A misdemeanor.
6-1 (c) This section applies only to members of the 74th and
6-2 subsequent Legislatures. This subsection expires January 31, 1995.
6-3 SECTION 5. This Act takes effect September 1, 1993.
6-4 SECTION 6. The importance of this legislation and the
6-5 crowded condition of the calendars in both houses create an
6-6 emergency and an imperative public necessity that the
6-7 constitutional rule requiring bills to be read on three several
6-8 days in each house be suspended, and this rule is hereby suspended.