By:  Seidlits                                         H.B. No. 2469
       73R6806 KLL-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to technical and substantive amendments to the laws
    1-3  relating to ethics of public servants, including laws governing the
    1-4  Texas Ethics Commission, communications to influence legislation or
    1-5  administrative action, the filing of personal financial statements,
    1-6  conflicts of interest, the giving or acceptance of certain
    1-7  benefits, and political funds; providing civil and criminal
    1-8  penalties.
    1-9        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-10                               ARTICLE 1
   1-11        SECTION 1.01.  Article 1, Chapter 304, Acts of the 72nd
   1-12  Legislature, Regular Session, 1991 (Article 6252-9d.1, Vernon's
   1-13  Texas Civil Statutes), is amended by adding Sections 1.03-1.05 to
   1-14  read as follows:
   1-15        Sec. 1.03.  RESTRICTIONS ON COMMISSION MEMBERS.  A person who
   1-16  is appointed to the commission may not at the time of appointment
   1-17  or during service on the commission be:
   1-18              (1)  an officer of the state in a capacity other than
   1-19  as a member of the commission;
   1-20              (2)  an officer of a political subdivision, political
   1-21  party, or political committee;
   1-22              (3)  a member of the legislature;
   1-23              (4)  a candidate or campaign treasurer subject to Title
   1-24  15, Election Code, and its subsequent amendments; or
    2-1              (5)  a person required to be registered under Chapter
    2-2  305, Government Code, and its subsequent amendments.
    2-3        Sec. 1.04.  REMOVAL OF COMMISSION MEMBERS.  (a)  It is a
    2-4  ground for removal of a member from the commission if the member:
    2-5              (1)  is ineligible under Section 1.03 of this article;
    2-6              (2)  cannot discharge the member's duties for a
    2-7  substantial part of the term for which the member is appointed
    2-8  because of illness or disability;
    2-9              (3)  is absent from two consecutive regularly scheduled
   2-10  commission meetings that the member is eligible to attend during a
   2-11  calendar year unless the absence is excused by majority vote of the
   2-12  commission; or
   2-13              (4)  has a final conviction for a violation of Chapter
   2-14  36, Penal Code, and its subsequent amendments.
   2-15        (b)  The validity of an action of the commission is not
   2-16  affected by the fact that it is taken when a ground for removal of
   2-17  a commission member exists.
   2-18        (c)  If the chairman of the commission has knowledge that a
   2-19  potential ground for removal of a member exists, the chairman shall
   2-20  notify the appropriate appointing authority of the ground.
   2-21        (d)  If any two commission members have knowledge that a
   2-22  potential ground for removal of the chairman exists, the members
   2-23  shall notify the appropriate appointing authority of the ground.
   2-24        Sec. 1.05.  FILLING OF VACANCIES.  (a)  A vacancy on the
   2-25  commission shall be filled as expeditiously as possible but not
   2-26  later than the 90th day after the date on which the vacancy occurs.
   2-27        (b)  The members of the legislature who are required to
    3-1  submit a list to the official making the appointment to fill the
    3-2  vacancy shall submit the list as expeditiously as possible but not
    3-3  later than the 30th day after the date on which the vacancy occurs.
    3-4  If the governor is the appointing official and rejects all names on
    3-5  the list, a new list must be submitted not later than the 30th day
    3-6  after the date of the rejection.
    3-7        SECTION 1.02.  Article 1, Chapter 304, Acts of the 72nd
    3-8  Legislature, Regular Session, 1991 (Article 6252-9d.1, Vernon's
    3-9  Texas Civil Statutes), is amended by adding Section 1.121 to read
   3-10  as follows:
   3-11        Sec. 1.121.  STATEMENTS AND REPORTS CONSIDERED TO BE
   3-12  VERIFIED.  (a)  A statement or report that is filed with the
   3-13  commission is considered to be under oath by the person required to
   3-14  file the statement or report regardless of the absence of or defect
   3-15  in the affidavit of verification, including a signature.
   3-16        (b)  A person required to file a statement or report with the
   3-17  commission is subject to prosecution under Chapter 37, Penal Code,
   3-18  regardless of the absence of or defect in the affidavit of
   3-19  verification.
   3-20        (c)  This section applies to a statement or report that is
   3-21  filed with the commission electronically or otherwise.
   3-22        SECTION 1.03.  Section 1.21, Chapter 304, Acts of the 72nd
   3-23  Legislature, Regular Session, 1991 (Article 6252-9d.1, Vernon's
   3-24  Texas Civil Statutes), is amended to read as follows:
   3-25        Sec. 1.21.  Confidentiality; offense.  (a)  Except as
   3-26  provided by Subsection (c) of this section, proceedings at a
   3-27  preliminary review or informal hearing performed by the commission,
    4-1  a sworn complaint, and documents relating to and any additional
    4-2  evidence relating to the processing, preliminary review, informal
    4-3  hearing, or resolution of a sworn complaint or motion <are
    4-4  confidential and> may not be disclosed by the commission or a
    4-5  person employed by the commission unless entered into the record of
    4-6  a formal hearing or a judicial proceeding, except that a document
    4-7  or statement that was previously public information remains public
    4-8  information.
    4-9        (b)  Except as provided by Subsection (c) of this section,
   4-10  the open records law, Chapter 424, Acts of the 63rd Legislature,
   4-11  Regular Session, 1973 (Article 6252-17a, Vernon's Texas Civil
   4-12  Statutes), does not apply to documents or any additional evidence
   4-13  relating to the processing, preliminary review, informal hearing,
   4-14  or resolution of sworn complaints or motions.  The open meetings
   4-15  law, Chapter 271, Acts of the 60th Legislature, Regular Session,
   4-16  1967 (Article 6252-17, Vernon's Texas Civil Statutes), does not
   4-17  apply to the processing, preliminary review, informal hearing, or
   4-18  resolution of sworn complaints or motions.
   4-19        (c)  An order issued by the commission after the completion
   4-20  of a preliminary review or an informal hearing determining that a
   4-21  violation <other than a technical violation or de minimis> has
   4-22  occurred is not confidential.
   4-23        (d)  A person commits an offense if the person discloses
   4-24  information made confidential by this section.  An offense under
   4-25  this subsection is a Class A misdemeanor.
   4-26        (e)  In addition to other penalties, a person who <files a
   4-27  frivolous complaint or> discloses information in violation of <made
    5-1  confidential by> this section is civilly liable to the respondent
    5-2  in an amount equal to the greater of $10,000 or the amount of
    5-3  actual damages incurred by the respondent, including court costs
    5-4  and attorney fees.
    5-5        SECTION 1.04.  Section 1.28(a), Chapter 304, Acts of the 72nd
    5-6  Legislature, Regular Session, 1991 (Article 6252-9d.1, Vernon's
    5-7  Texas Civil Statutes), is amended to read as follows:
    5-8        (a)  The commission may:
    5-9              (1)  impose a civil penalty of not more than $5,000, or
   5-10  triple the amount at issue under a law administered and enforced by
   5-11  the commission, whichever amount is greater, for a delay in
   5-12  complying with a commission order or for a violation of a law
   5-13  administered and enforced by the commission;
   5-14              (2)  impose a civil penalty of not more than $5,000
   5-15  <$10,000> for the filing of a frivolous or bad-faith complaint;
   5-16              (3)  following a criminal conviction for an offense
   5-17  under Chapter 36, Penal Code, or Chapter 305, Government Code,
   5-18  deny, suspend, or revoke the registration of a person required to
   5-19  be registered under Chapter 305, Government Code;
   5-20              (4)  notify the appropriate regulatory or supervisory
   5-21  entity, including any agency, the State Commission on Judicial
   5-22  Conduct, the senate, the house of representatives, or the State Bar
   5-23  of Texas, of a violation of a law administered and enforced by the
   5-24  commission;
   5-25              (5)  issue and enforce cease and desist orders to stop
   5-26  violations; and
   5-27              (6)  issue affirmative orders to require compliance
    6-1  with the laws administered and enforced by the commission.
    6-2        SECTION 1.05.  Section 1.26, Chapter 304, Acts of the 72nd
    6-3  Legislature, Regular Session, 1991 (Article 6252-9d.1, Vernon's
    6-4  Texas Civil Statutes), is repealed.
    6-5                               ARTICLE 2
    6-6        SECTION 2.01.  Section 305.0011(e), Government Code,  is
    6-7  amended to read as follows:
    6-8        (e)  The commission may adopt rules for the implementation of
    6-9  this section consistent with this chapter, the Texas Disciplinary
   6-10  Rules of Professional Conduct <Code of Professional
   6-11  Responsibility>, and the common law of agency.
   6-12        SECTION 2.02.  Section 305.003, Government Code, is amended
   6-13  to read as follows:
   6-14        Sec. 305.003.  PERSONS REQUIRED TO REGISTER.  (a)  A person
   6-15  must register with the commission under this chapter if the person:
   6-16              (1)  makes a total expenditure of an amount determined
   6-17  by commission rule but not less than $200 in a calendar quarter,
   6-18  not including the person's own travel, food, or lodging expenses or
   6-19  the person's own membership dues, on activities described in
   6-20  Section 305.006(b) to communicate directly with one or more members
   6-21  of the legislative or executive branch to influence legislation or
   6-22  administrative action; and <or>
   6-23              (2)  receives compensation or reimbursement, not
   6-24  including reimbursement for the person's own travel, food, or
   6-25  lodging expenses or the person's own membership dues, of more than
   6-26  an amount determined by commission rule but not less than $200 in a
   6-27  calendar quarter from another person to communicate directly with a
    7-1  member of the legislative or executive branch to influence
    7-2  legislation or administrative action.
    7-3        (b)  Subsection (a)(2) requires a person to register if the
    7-4  person, as part of his regular employment, has communicated
    7-5  directly with a member of the legislative or executive branch to
    7-6  influence legislation or administrative action on behalf of the
    7-7  person by whom he is compensated or reimbursed, whether or not the
    7-8  person receives any compensation for the communication in addition
    7-9  to the salary for that regular employment.  However, Subsection
   7-10  (a)(2) does not require a member of the judicial, legislative, or
   7-11  executive branch of state government or an officer or employee of a
   7-12  political subdivision of the state to register.
   7-13        <(c)  A person who communicates directly with a member of the
   7-14  executive branch to influence administrative action is not required
   7-15  to register under Subsection (a)(2) if the person is an attorney of
   7-16  record or pro se, the person enters his appearance in a public
   7-17  record through pleadings or other written documents in a docketed
   7-18  case pending before a state agency, and that communication is the
   7-19  only activity that would otherwise require the person to register.>
   7-20        SECTION 2.03.  Section 305.004, Government Code, is amended
   7-21  to read as follows:
   7-22        Sec. 305.004.  Exceptions.  The following persons are not
   7-23  required to register under this chapter:
   7-24              (1)  a person who owns, publishes, or is employed by a
   7-25  newspaper, any other regularly published periodical, a radio
   7-26  station, a television station, a wire service, or any other bona
   7-27  fide news medium that in the ordinary course of business
    8-1  disseminates news, letters to the editors, editorial or other
    8-2  comment, or paid advertisements that directly or indirectly oppose
    8-3  or promote legislation or administrative action, if the person does
    8-4  not engage in further or other activities that require registration
    8-5  under this chapter and does not represent another person in
    8-6  connection with influencing legislation or administrative action;
    8-7              (2)  a person whose only direct communication with a
    8-8  member of the legislative or executive branch to influence
    8-9  legislation or administrative action is an appearance before or
   8-10  testimony to one or more members of the legislative or executive
   8-11  branch in a hearing conducted by or on behalf of either the
   8-12  legislative or the executive branch and whose only <who does not
   8-13  receive special or extra> compensation for the appearance is either
   8-14  the person's regular salary or routine hourly rate, as applicable,
   8-15  and <other than> actual expenses incurred in attending the hearing,
   8-16  if any;
   8-17              (3)  a person whose only activity is to encourage or
   8-18  solicit members, employees, or stockholders of an entity by whom
   8-19  the person is reimbursed, employed, or retained to communicate
   8-20  directly with members of the legislative or executive branch to
   8-21  influence legislation or administrative action;
   8-22              (4)  a person whose only activity to influence
   8-23  legislation or administrative action is to compensate or reimburse
   8-24  an individual registrant to act in the person's behalf to
   8-25  communicate directly with a member of the legislative or executive
   8-26  branch to influence legislation or administrative action;
   8-27              (5)  a person whose only activity to influence
    9-1  legislation or administrative action is attendance at a meeting or
    9-2  entertainment event attended by a member of the legislative or
    9-3  executive branch if the total cost of the meeting or entertainment
    9-4  event is paid by a business entity, union, or association;
    9-5              (6)  a person whose only compensation subject to
    9-6  Section 305.003(a)(2) consists of reimbursement for any wages not
    9-7  earned due to attendance at a meeting or entertainment event,
    9-8  travel to and from the meeting or entertainment event, admission to
    9-9  the meeting or entertainment event, and any food and beverage
   9-10  consumed at the meeting or entertainment event if the meeting or
   9-11  entertainment event is attended by a member of the legislative or
   9-12  executive branch and if the total cost of the meeting or
   9-13  entertainment event is paid by a business entity, union, or
   9-14  association; and
   9-15              (7)  a person who communicates directly with a member
   9-16  of the legislative or executive branch on behalf of a political
   9-17  party concerning legislation or administrative action, and whose
   9-18  expenditures and compensation, as described in Section 305.003,
   9-19  combined do not exceed $5,000 a calendar year.
   9-20        SECTION 2.04.  Subchapter A, Chapter 305, Government Code, is
   9-21  amended by adding Section 305.0041 to read as follows:
   9-22        Sec. 305.0041.  REGISTRATION EXCEPTION FOR CERTAIN ENTITIES.
   9-23  A corporation, association, firm, partnership, committee, club,
   9-24  organization, or group of persons voluntarily acting in concert is
   9-25  not required to register under this chapter if a registrant whom
   9-26  the entity reimburses, retains, or employs reports expenditures
   9-27  attributable to the entity that are required to be reported under
   10-1  Section 305.006.  A registrant who is present at the time of an
   10-2  expenditure by the entity in order to satisfy the presence
   10-3  requirements of Section 305.024(a)(7) shall report those
   10-4  expenditures on behalf of the entity.
   10-5        SECTION 2.05.  Sections 305.005(c) and (f), Government Code,
   10-6  are amended to read as follows:
   10-7        (c)  The registration fee and registration renewal fee are:
   10-8              (1)  $100 for a registrant employed by an organization
   10-9  or organizations exempt from federal income tax under Section
  10-10  501(c)(3) or 501(c)(4), Internal Revenue Code of 1986, and not
  10-11  employed by any other person or type of organization for purposes
  10-12  regulated under this chapter; or
  10-13              (2)  $300 for any other registrant.
  10-14        (f)  The registration must be written and verified and must
  10-15  contain:
  10-16              (1)  the registrant's full name and address;
  10-17              (2)  the registrant's normal business, business phone
  10-18  number, and business address;
  10-19              (3)  the full name and address of each person:
  10-20                    (A)  who reimburses, retains, or employs the
  10-21  registrant to communicate directly with a member of the legislative
  10-22  or executive branch to influence legislation or administrative
  10-23  action; and
  10-24                    (B)  on whose behalf the registrant has
  10-25  communicated directly with a member of the legislative or executive
  10-26  branch to influence legislation or administrative action;
  10-27              (4)  the subject matter and, if applicable, the bill
   11-1  number, docket number, or other legislative or administrative
   11-2  designation of the legislation or administrative action that is the
   11-3  subject of the registrant's direct communication with a member of
   11-4  the legislative or executive branch;
   11-5              (5)  for each person employed or retained by the
   11-6  registrant for the purpose of assisting in direct communication
   11-7  with a member of the legislative or executive branch to influence
   11-8  legislation or administrative action:
   11-9                    (A)  the full name, business address, occupation,
  11-10  and date of employment or retention of the person by the
  11-11  registrant; and
  11-12                    (B)  the subject matter and, if applicable, the
  11-13  bill number, docket number, or other administrative designation of
  11-14  the legislation or administrative action to which the person's
  11-15  activities reportable under this section were related; and
  11-16              (6)  the amount of compensation or reimbursement paid
  11-17  by each person who reimburses, retains, or employs the registrant
  11-18  for the purpose of communicating directly with a member of the
  11-19  legislative or executive branch or on whose behalf the registrant
  11-20  communicates directly with a member of the legislative or executive
  11-21  branch, except that if the registrant will be paid a specific
  11-22  amount for the direct communication by that person under a contract
  11-23  or other legally enforceable agreement, the registrant shall report
  11-24  that amount instead and shall indicate the period of time covered
  11-25  by the contract or other agreement.
  11-26        SECTION 2.06.  Section 305.006, Government Code, is amended
  11-27  by adding Subsection (g) to read as follows:
   12-1        (g)  A registrant is not required to report under this
   12-2  chapter an expenditure for the registrant's own transportation or
   12-3  lodging expenses made to communicate directly with a member of the
   12-4  legislative or executive branch if the registrant makes no
   12-5  expenditures in connection with that occasion for the member's
   12-6  transportation or lodging expenses.
   12-7        SECTION 2.07.  Section 305.0062(a), Government Code, is
   12-8  amended to read as follows:
   12-9        (a)  The report filed under Section 305.006 must also contain
  12-10  the total expenditures described by Section 305.006(b) that are
  12-11  directly attributable to persons in the following categories
  12-12  <members of the legislative or executive branch and those that are
  12-13  directly attributable to the registrant>.  The expenditures must be
  12-14  stated in only one of the following categories:
  12-15              (1)  state senators;
  12-16              (2)  state representatives;
  12-17              (3)  elected or appointed state officers, other than
  12-18  those described by Subdivision (1) or (2);
  12-19              (4)  legislative agency employees;
  12-20              (5)  executive agency employees;
  12-21              (6)  the immediate family of a member of the
  12-22  legislative or executive branch;
  12-23              (7)  the registrant; or <and>
  12-24              (8)  events to which all legislators are invited.
  12-25        SECTION 2.08.  Subchapter A, Chapter 305, Government Code, is
  12-26  amended by adding Section 305.012 to read as follows:
  12-27        Sec. 305.012.  AFFIDAVIT.  (a)  Each registration, report, or
   13-1  termination notice filed under this chapter must be accompanied by
   13-2  an affidavit executed by the person required to file the
   13-3  registration, report, or termination notice.
   13-4        (b)  The affidavit must contain the statement:  "I swear, or
   13-5  affirm, that the accompanying document is true and correct to the
   13-6  best of my knowledge and includes all information required to be
   13-7  reported by me under Chapter 305, Government Code."
   13-8        (c)  A registration, report, or termination notice filed
   13-9  under this chapter without an affidavit of verification, or filed
  13-10  with a defective affidavit, is covered by Section 1.121, Chapter
  13-11  304, Acts of the 72nd Legislature, Regular Session, 1991 (Article
  13-12  6252-9d.1, Vernon's Texas Civil Statutes).
  13-13        SECTION 2.09.  Section 305.025, Government Code, is amended
  13-14  to read as follows:
  13-15        Sec. 305.025.  Exceptions.  Section 305.024 does not
  13-16  prohibit:
  13-17              (1)  a loan in the due course of business from a
  13-18  corporation or other business entity that is legally engaged in the
  13-19  business of lending money and that has conducted that business
  13-20  continuously for more than one year before the loan is made;
  13-21              (2)  a loan or guarantee of a loan or a gift made or
  13-22  given by a person related within the second degree by affinity or
  13-23  consanguinity to the member of the legislative or executive branch;
  13-24              (3)  necessary expenditures for transportation and
  13-25  lodging when the purpose of the travel is to explore matters
  13-26  directly related to the duties of a member of the legislative or
  13-27  executive branch, such as fact-finding trips, but not including
   14-1  attendance at merely ceremonial events or pleasure trips;
   14-2              (4)  necessary expenditures for transportation and
   14-3  lodging provided in connection with a conference, seminar,
   14-4  educational program, or similar event in which the member renders
   14-5  services, such as addressing an audience or engaging in a seminar,
   14-6  to the extent that those services are more than merely perfunctory;
   14-7              (5)  expenditures for transportation or lodging for a
   14-8  member of the legislative or executive branch, or for an immediate
   14-9  family member's transportation and lodging, that are reimbursed by
  14-10  the member of the legislative or executive branch; or
  14-11              (6) <(5)>  a political contribution as defined by
  14-12  Section 251.001, Election Code.
  14-13        SECTION 2.10.  Section 305.027(a), Government Code, is
  14-14  amended to read as follows:
  14-15        (a)  A person commits an offense if the person knowingly
  14-16  enters into a contract or other agreement to print, publish, or
  14-17  broadcast legislative advertising that does not indicate in the
  14-18  advertising:
  14-19              (1)  that it is legislative advertising;
  14-20              (2)  the full name of the individual who personally
  14-21  entered into the contract or agreement with the printer, publisher,
  14-22  or broadcaster and the name of the person, if any, that the
  14-23  individual represents; <and>
  14-24              (3)  in the case of advertising that is printed or
  14-25  published, the address of the individual who personally entered
  14-26  into the agreement with the printer or publisher and the address of
  14-27  the person, if any, that the individual represents; and
   15-1              (4)  the name of the person who will ultimately pay for
   15-2  the legislative advertising.
   15-3        SECTION 2.11.  Section 305.033(a), Government Code, is
   15-4  amended to read as follows:
   15-5        (a)  The commission shall determine from any available
   15-6  evidence whether a registration or report required to be filed with
   15-7  the commission under this chapter is late.  A registration filed
   15-8  without the fee required by Section 305.005 is considered to be
   15-9  late.  On making a determination that a required registration or
  15-10  report is late, the commission shall immediately mail a notice of
  15-11  the determination to the person responsible for the filing<, to the
  15-12  commission,> and to the appropriate attorney for the state.
  15-13        SECTION 2.12.  The change in law made by this article to the
  15-14  information required to be included in a report filed under Chapter
  15-15  305, Government Code, applies only to a report filed on or after
  15-16  October 1, 1993.
  15-17        SECTION 2.13.  The change in law made by Section 2.10 of this
  15-18  Act applies only to a contract or other agreement entered into on
  15-19  or after September 1, 1993.  An offense committed before that date
  15-20  is covered by the law in effect on the date the offense occurred,
  15-21  and that law is continued in effect for this purpose.
  15-22                               ARTICLE 3
  15-23        SECTION 3.01.  Section 3(a), Chapter 421, Acts of the 63rd
  15-24  Legislature, Regular Session, 1973 (Article 6252-9b, Vernon's Texas
  15-25  Civil Statutes), is amended to read as follows:
  15-26        (a)  On or before April 30th of each year, every elected
  15-27  <state> officer, salaried appointed officer, appointed officer of a
   16-1  major state agency, executive head of a state agency, and <every>
   16-2  party chairman shall file with the commission a financial statement
   16-3  complying with the requirements of Section 4 of this Act.
   16-4        SECTION 3.02.  Sections 4(c) and (d), Chapter 421, Acts of
   16-5  the 63rd Legislature, Regular Session, 1973 (Article 6252-9b,
   16-6  Vernon's Texas Civil Statutes), are amended to read as follows:
   16-7        (c)  The account of financial activity referred to in
   16-8  Subsection (a) of this section shall consist of:
   16-9              (1)  a list of all sources of occupational income,
  16-10  identified by employer, or if self-employed, by the nature of the
  16-11  occupation, including identification of any person, business
  16-12  entity, or other organization from whom the person or a business in
  16-13  which he has a substantial interest received a fee as a retainer
  16-14  for a claim on future services in case of need (as opposed to a fee
  16-15  for services on a matter specified at the time of contracting for
  16-16  or receiving the fee), whenever professional or occupational
  16-17  services were not actually performed during the reporting period
  16-18  commensurate to or in excess of the amount of the retainer, and the
  16-19  category of the amount of the fee;
  16-20              (2)  identification by name and category of number of
  16-21  shares of stock of any business entity held or acquired, and if
  16-22  sold the category of the amount of net gain or loss realized from
  16-23  such sale;
  16-24              (3)  a list of all bonds, notes, and other commercial
  16-25  paper held or acquired, and if sold the category of the amount of
  16-26  net gain or loss realized from such sale;
  16-27              (4)  identification of each source and the category of
   17-1  the amount of income in excess of $500 derived per source from
   17-2  interest, dividends, royalties, and rents;
   17-3              (5)  identification of each guarantor of a loan and
   17-4  identification of each person or financial institution to whom a
   17-5  personal note or notes or lease agreement for a total financial
   17-6  liability in excess of $1,000 existed at any time during the year,
   17-7  and the category of the amount of the liability;
   17-8              (6)  identification by description of all beneficial
   17-9  interests in real property and business entities held or acquired,
  17-10  and if sold the category of the amount of the net gain or loss
  17-11  realized from such sale;
  17-12              (7)  identification of any person, business entity, or
  17-13  other organization from whom the person or his spouse or dependent
  17-14  children received a gift of anything of value in excess of $250 in
  17-15  value and a description of each gift, except:
  17-16                    (A)  gifts received from persons related to the
  17-17  person at any time within the second degree of consanguinity or
  17-18  affinity, as determined under Article 5996h, Revised Statutes;
  17-19                    (B)  political contributions that were reported
  17-20  as required by law; and
  17-21                    (C)  expenditures required to be reported by a
  17-22  person required to be registered under Chapter 305, Government
  17-23  Code;
  17-24              (8)  identification of the source and the category of
  17-25  the amount of all income received as beneficiary of a trust and
  17-26  identification of each asset, if known to the beneficiary, from
  17-27  which income was received by the beneficiary in excess of $500;
   18-1              (9)  identification by description and category of the
   18-2  amount of all assets and liabilities of any corporation or
   18-3  partnership in which 50 percent or more of the outstanding
   18-4  ownership was held, acquired, or sold;
   18-5              (10)  a list of all boards of directors of which the
   18-6  person is a member and executive positions which the person holds
   18-7  in corporations, firms, partnerships, and proprietorships, stating
   18-8  the name of each corporation, firm, partnership, or proprietorship
   18-9  and the position held;
  18-10              (11)  identification of any person providing
  18-11  transportation, meals, or lodging expenses permitted under Section
  18-12  36.07(b), Penal Code, and the amount of those expenses, other than
  18-13  expenditures required to be reported under Chapter 305, Government
  18-14  Code; and
  18-15              (12)  any partnership, joint venture, or other business
  18-16  association, excluding a publicly held or traded business entity
  18-17  <corporation>, in which both the state officer and a person
  18-18  registered under Chapter 305, Government Code, have an interest.
  18-19        (d)  The financial statement shall be verified.  However, a
  18-20  statement filed without an affidavit of verification, or filed with
  18-21  a defective affidavit, is covered by Section 1.121, Chapter 304,
  18-22  Acts of the 72nd Legislature, Regular Session, 1991 (Article
  18-23  6252-9d.1, Vernon's Texas Civil Statutes).
  18-24        SECTION 3.03.  Section 7C, Chapter 421, Acts of the 63rd
  18-25  Legislature, Regular Session, 1973 (Article 6252-9b, Vernon's Texas
  18-26  Civil Statutes), is repealed.
  18-27                               ARTICLE 4
   19-1        SECTION 4.01.  Section 36.01(5), Penal Code, is amended to
   19-2  read as follows:
   19-3              (5)  "Benefit" means anything reasonably regarded as
   19-4  pecuniary gain or pecuniary advantage, and includes a <including>
   19-5  benefit to any other person in whose welfare the beneficiary has a
   19-6  direct and substantial interest, but does not include food and
   19-7  beverage with a combined value of less than $50 for each occasion.
   19-8        SECTION 4.02.  Sections 36.02(a) and (d), Penal Code, are
   19-9  amended to read as follows:
  19-10        (a)  A person commits an offense if he intentionally or
  19-11  knowingly offers, confers, or agrees to confer on another, or
  19-12  solicits, accepts, or agrees to accept from another:
  19-13              (1)  any benefit as consideration for the recipient's
  19-14  decision, opinion, recommendation, vote, or other exercise of
  19-15  discretion as a public servant, party official, or voter;
  19-16              (2)  any benefit as consideration for the recipient's
  19-17  decision, vote, recommendation, or other exercise of official
  19-18  discretion in a judicial or administrative proceeding;
  19-19              (3)  any benefit as consideration for a violation of a
  19-20  duty imposed by law on a public servant or party official; or
  19-21              (4)  any benefit that is a political contribution as
  19-22  defined by Title 15, Election Code, or that is an expenditure
  19-23  required to be reported under Chapter 305, Government Code, if the
  19-24  benefit was offered, conferred, solicited, accepted, or agreed to
  19-25  pursuant to an express agreement to take or withhold a specific
  19-26  exercise of official discretion if such exercise of official
  19-27  discretion would not have been taken or withheld but for the
   20-1  benefit; notwithstanding any rule of evidence or jury instruction
   20-2  allowing factual inferences in the absence of certain evidence,
   20-3  direct evidence of the express agreement shall be required in any
   20-4  prosecution under this subdivision.
   20-5        (d)  It is an exception to the application of Subdivisions
   20-6  (1), (2), and (3) of Subsection (a) of this section that the
   20-7  benefit is a political contribution <accepted> as defined by Title
   20-8  15, Election Code, or an expenditure required to be reported under
   20-9  Chapter 305, Government Code.
  20-10        SECTION 4.03.  Section 36.07(b), Penal Code, is amended to
  20-11  read as follows:
  20-12        (b)  This section does not prohibit a public servant from
  20-13  accepting transportation and lodging expenses <permitted under
  20-14  Section 305.025(b)(2), Government Code,> in connection with a
  20-15  conference or similar event in which the public servant renders
  20-16  services, such as addressing an audience or engaging in a seminar,
  20-17  to the extent that those services are more than merely perfunctory,
  20-18  or from accepting meals in connection with such an event.
  20-19        SECTION 4.04.  Section 36.08, Penal Code, is amended by
  20-20  adding Subsection (i) to read as follows:
  20-21        (i)  A public servant who receives an unsolicited benefit
  20-22  that the public servant is prohibited from accepting under this
  20-23  section may donate the benefit to a governmental entity that has
  20-24  the authority to accept the gift or may donate the benefit to a
  20-25  recognized tax-exempt charitable organization formed for
  20-26  educational, religious, or scientific purposes.
  20-27        SECTION 4.05.  Section 36.10(a), Penal Code, is amended to
   21-1  read as follows:
   21-2        (a)  Sections 36.08 (Gift to Public Servant) and 36.09
   21-3  (Offering Gift to Public Servant) of this code do not apply to:
   21-4              (1)  a fee prescribed by law to be received by a public
   21-5  servant or any other benefit to which the public servant is
   21-6  lawfully entitled or for which he gives legitimate consideration in
   21-7  a capacity other than as a public servant;
   21-8              (2)  a gift or other benefit conferred on account of
   21-9  kinship or a personal, professional, or business relationship
  21-10  independent of the official status of the recipient; or
  21-11              (3)  a benefit to a public servant required to file a
  21-12  statement under Chapter 421, Acts of the 63rd Legislature, Regular
  21-13  Session, 1973 (Article 6252-9b, Vernon's Texas Civil Statutes), or
  21-14  a report under Title 15, Election Code, that is derived from a
  21-15  function in honor or appreciation of the recipient if:
  21-16                    (A)  the benefit and the source of any benefit in
  21-17  excess of $50 is reported in the statement; and
  21-18                    (B)  the benefit is used solely to defray the
  21-19  expenses that accrue in the performance of duties or activities in
  21-20  connection with the office which are nonreimbursable by the state
  21-21  or political subdivision;
  21-22              (4)  a political contribution as defined by Title 15,
  21-23  Election Code; <or>
  21-24              (5)  a gift, award, or memento to a member of the
  21-25  legislative or executive branch that is required to be reported
  21-26  under Chapter 305, Government Code; or
  21-27              (6)  an item with a value of less than $50, excluding
   22-1  cash or a negotiable instrument as described by Section 3.104,
   22-2  Business & Commerce Code.
   22-3        SECTION 4.06.  Section 39.01, Penal Code, is amended by
   22-4  adding Subsection (d) to read as follows:
   22-5        (d)  A discount or award given for travel, such as frequent
   22-6  flyer miles, rental car or hotel discounts, or food coupons, are
   22-7  not things of value belonging to the government for purposes of
   22-8  this section due to the administrative difficulty and cost involved
   22-9  in recapturing the discount or award for a governmental entity.
  22-10        SECTION 4.07.  (a)  The change in law made by this article
  22-11  applies only to an offense committed on or after the effective date
  22-12  of this Act.  For purposes of this section, an offense is committed
  22-13  before the effective date of this Act if any element of the offense
  22-14  occurs before the effective date.
  22-15        (b)  An offense committed before the effective date of this
  22-16  Act is covered by the law in effect when the offense was committed,
  22-17  and the former law is continued in effect for that purpose.
  22-18                               ARTICLE 5
  22-19        SECTION 5.01.  Section 251.001, Election Code, is amended by
  22-20  amending Subdivisions (4), (9), (12), and (14) and adding
  22-21  Subdivision (21) to read as follows:
  22-22              (4)  "Officeholder contribution" means a contribution
  22-23  to an officeholder or political committee that is offered or given
  22-24  with the intent that it be used to defray expenses that:
  22-25                    (A)  are incurred by the officeholder in
  22-26  performing a duty or engaging in an activity in connection with the
  22-27  office; and
   23-1                    (B)  are not actually reimbursed <reimbursable>
   23-2  with public money.
   23-3              (9)  "Officeholder expenditure" means an expenditure
   23-4  made by any person to defray expenses that:
   23-5                    (A)  are incurred by an officeholder in
   23-6  performing a duty or engaging in an activity in connection with the
   23-7  office; and
   23-8                    (B)  are not actually reimbursed <reimbursable>
   23-9  with public money.
  23-10              (12)  "Political committee" means a group of persons
  23-11  that has as a principal purpose accepting political contributions
  23-12  or making political expenditures.  The term does not include a
  23-13  group of candidates or officeholders all of whom are otherwise
  23-14  required to report under this title.
  23-15              (14)  "General-purpose committee" means a political
  23-16  committee that has among its principal purposes:
  23-17                    (A)  supporting or opposing:
  23-18                          (i)  two or more candidates who are
  23-19  unidentified or are seeking offices that are unknown; or
  23-20                          (ii)  one or more unidentified measures
  23-21  <that are unidentified>; or
  23-22                    (B)  assisting two or more officeholders who are
  23-23  unidentified.
  23-24              (21)  "Unidentified measure" means a question or
  23-25  proposal that is intended to be submitted in an election for an
  23-26  expression of the voters' will and that is not yet legally required
  23-27  to be submitted in an election.  The term does not include the
   24-1  circulation or submission of a petition to determine whether a
   24-2  question or proposal is required to be submitted in an election for
   24-3  an expression of the voters' will.
   24-4        SECTION 5.02.  Section 252.001, Election Code, is amended to
   24-5  read as follows:
   24-6        Sec. 252.001.  Appointment of Campaign Treasurer Required.
   24-7  Except as provided by Section 254.1811, each <Each> candidate and
   24-8  each political committee shall appoint a campaign treasurer as
   24-9  provided by this chapter.
  24-10        SECTION 5.03.  Section 253.031, Election Code, is amended to
  24-11  read as follows:
  24-12        Sec. 253.031.  Contribution and Expenditure Without Campaign
  24-13  Treasurer Prohibited.  (a)  A candidate may not knowingly accept a
  24-14  campaign contribution or make or authorize a campaign expenditure
  24-15  at a time when a campaign treasurer appointment for the candidate
  24-16  is not in effect.
  24-17        (b)  A political committee may not knowingly accept a
  24-18  political contribution or make or authorize a political expenditure
  24-19  at a time when a campaign treasurer appointment for the committee
  24-20  is not in effect.
  24-21        (c)  A political committee may not knowingly make or
  24-22  authorize a campaign contribution or campaign expenditure
  24-23  supporting or opposing a candidate for an office specified by
  24-24  Section 252.005(1) in a primary or general election unless the
  24-25  committee's campaign treasurer appointment has been filed not later
  24-26  than the 30th day before the appropriate election day.
  24-27        (d)  This section does not apply to a political party's
   25-1  county executive committee that accepts political contributions or
   25-2  makes political expenditures, except that:
   25-3              (1)  a county executive committee that accepts
   25-4  political contributions or makes political expenditures shall
   25-5  maintain the records required by Section 254.001; and
   25-6              (2)  a county executive committee that accepts
   25-7  political contributions or makes political expenditures that, in
   25-8  the aggregate, exceed $5,000 in a calendar year shall file:
   25-9                    (A)  a campaign treasurer appointment as required
  25-10  by Section 252.001 not later than the 15th day after the date that
  25-11  amount is exceeded; and
  25-12                    (B)  the reports required by Subchapter F,
  25-13  Chapter 254, including in the political committee's first report
  25-14  all political contributions accepted and all political expenditures
  25-15  made before the effective date of the campaign treasurer
  25-16  appointment.
  25-17        (e)  This section does not apply to an out-of-state political
  25-18  committee unless the committee is subject to Chapter 252 under
  25-19  Section 251.005.
  25-20        (f)  This section does not apply to a political committee
  25-21  that is not required to appoint a campaign treasurer under
  25-22  Section 254.1811.
  25-23        (g)  A person who violates this section commits an offense.
  25-24  An offense under this section is a Class A misdemeanor.
  25-25        SECTION 5.04.  Section 254.181(a), Election Code, is amended
  25-26  to read as follows:
  25-27        (a)  An opposed candidate <or specific-purpose committee>
   26-1  required to file reports under Subchapter C <or E> may file a
   26-2  report under this subchapter instead if the candidate <or
   26-3  committee> does not intend to accept political contributions that
   26-4  in the aggregate exceed $500 or to make political expenditures that
   26-5  in the aggregate exceed $500 in connection with the election.
   26-6        SECTION 5.05.  Subchapter G, Chapter 254, Election Code, is
   26-7  amended by adding Section 254.1811 to read as follows:
   26-8        Sec. 254.1811.  REPORT NOT REQUIRED.  A political committee
   26-9  is not required to appoint a campaign treasurer or file reports
  26-10  under Subchapter E or F if the committee does not intend to accept
  26-11  political contributions that in the aggregate exceed $500 or to
  26-12  make political expenditures that in the aggregate exceed $500 in
  26-13  connection with an election.
  26-14        SECTION 5.06.  Section 254.182, Election Code, is amended to
  26-15  read as follows:
  26-16        Sec. 254.182.  Declaration of Intent Required.  (a)  To be
  26-17  entitled to file reports under this subchapter, an opposed
  26-18  candidate <or specific-purpose committee> must file with the
  26-19  campaign treasurer appointment a written declaration of intent not
  26-20  to exceed $500 in political contributions or political expenditures
  26-21  in the election.
  26-22        (b)  To be entitled to accept political contributions or make
  26-23  political expenditures without appointing a campaign treasurer or
  26-24  filing reports under Subchapter E or F, a political committee must
  26-25  file a written declaration of intent not to exceed $500 in
  26-26  political contributions or political expenditures in the election.
  26-27  The declaration of intent must be filed with the authority with
   27-1  whom the committee would file a campaign treasurer appointment if
   27-2  one were required.
   27-3        (c)  The declaration of intent must contain a statement that
   27-4  the candidate or committee understands that if the $500 maximum for
   27-5  contributions and expenditures is exceeded, the candidate or
   27-6  committee is required to file reports under Subchapter C, <or> E,
   27-7  or F, as applicable.
   27-8        SECTION 5.07.  Sections 254.183(a) and (b), Election Code,
   27-9  are amended to read as follows:
  27-10        (a)  An opposed candidate or a political <specific-purpose>
  27-11  committee that exceeds $500 in political contributions or political
  27-12  expenditures in the election shall file reports as required by
  27-13  Subchapter C, <or> E, or F, as applicable.
  27-14        (b)  If a candidate or committee exceeds the $500 maximum
  27-15  after the filing deadline prescribed by Subchapter C, <or> E, or F
  27-16  for the first report required to be filed under the appropriate
  27-17  subchapter, the candidate or committee shall file a report not
  27-18  later than 48 hours after the maximum is exceeded.
  27-19        SECTION 5.08.  Section 254.184, Election Code, is amended to
  27-20  read as follows:
  27-21        Sec. 254.184.  Applicability of Regular Reporting
  27-22  Requirements.  (a)  Subchapter C <or E, as applicable,> applies to
  27-23  an opposed candidate <or specific-purpose committee> filing under
  27-24  this subchapter to the extent that that <the appropriate>
  27-25  subchapter does not conflict with this subchapter.
  27-26        (b)  A candidate <or committee> filing under this subchapter
  27-27  is not required to file any reports of political contributions and
   28-1  political expenditures other than the semiannual reports required
   28-2  to be filed not later than July 15 and January 15.
   28-3        SECTION 5.09.  The change in law made by Section 5.03 of this
   28-4  Act applies only to an offense committed on or after the effective
   28-5  date of this Act.  An offense committed before that date is covered
   28-6  by the law in effect when the offense occurred, and that law is
   28-7  continued in effect for this purpose.
   28-8                               ARTICLE 6
   28-9        SECTION 6.01.  This Act takes effect September 1, 1993.
  28-10        SECTION 6.02.  The importance of this legislation and the
  28-11  crowded condition of the calendars in both houses create an
  28-12  emergency and an imperative public necessity that the
  28-13  constitutional rule requiring bills to be read on three several
  28-14  days in each house be suspended, and this rule is hereby suspended.