By: Maxey H.B. No. 2666
73R3994 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 and political advertising; providing
1-8 civil and criminal 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 Section 1.03 to read as
1-14 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; or
1-23 (4) a candidate or campaign treasurer subject to Title
1-24 15, Election Code, and its subsequent amendments.
2-1 SECTION 1.02. Section 1.11(a), Chapter 304, Acts of the 72nd
2-2 Legislature, Regular Session, 1991 (Article 6252-9d.1, Vernon's
2-3 Texas Civil Statutes), is amended to read as follows:
2-4 (a) The commission shall:
2-5 (1) administer and enforce Chapters 302 and 305,
2-6 Government Code; Title 15, Election Code; and Chapter 421, Acts of
2-7 the 63rd Legislature, Regular Session, 1973 (Article 6252-9b,
2-8 Vernon's Texas Civil Statutes); and perform any other powers or
2-9 duties given to the commission under those laws;
2-10 (2) prescribe forms for statements and reports
2-11 required to be filed with the commission and provide for the
2-12 distribution of the forms;
2-13 (3) adopt by rule and publish a manual that
2-14 establishes uniform methods of accounting and reporting for use by
2-15 persons required to file statements and reports with the commission
2-16 and that includes a digest of each advisory opinion issued by the
2-17 commission under Section 1.29 of this article;
2-18 (4) make a report by December 31 of each even-numbered
2-19 year to the governor and legislature that includes each advisory
2-20 opinion issued by the commission under Section 1.29 of this article
2-21 in the preceding two years and that recommends any necessary
2-22 statutory changes;
2-23 (5) provide training by January of each odd-numbered
2-24 year for persons who are required to register under Chapter 305,
2-25 Government Code, and its subsequent amendments and for members and
2-26 members-elect of the legislature concerning compliance with the
2-27 laws administered and enforced by the commission;
3-1 (6) provide a program of ethics training for state
3-2 employees in cooperation with state agencies;
3-3 (7) require each regulatory executive branch agency to
3-4 develop rules limiting the acceptance of gifts or other benefits
3-5 from persons appearing before or regulated by the agency that are
3-6 at least as restrictive as the rules of the commission and provide
3-7 for the submission of the rules to the commission for approval; and
3-8 (8) assign an account number to each person required
3-9 to file a statement or report with the commission under a law
3-10 administered and enforced by the commission.
3-11 SECTION 1.03. Article 1, Chapter 304, Acts of the 72nd
3-12 Legislature, Regular Session, 1991 (Article 6252-9d.1, Vernon's
3-13 Texas Civil Statutes), is amended by adding Section 1.111 to read
3-14 as follows:
3-15 Sec. 1.111. ETHICS TRAINING. (a) A person who is required
3-16 to register under Chapter 305, Government Code, and its subsequent
3-17 amendments, a member of the legislature, and a member-elect of the
3-18 legislature shall attend the training provided by the commission
3-19 under Section 1.11(a) of this article.
3-20 (b) A person who does not comply with Subsection (a) of this
3-21 section is civilly liable to the state for $500. The commission
3-22 shall notify the person in writing that the person is civilly
3-23 liable to the state. The appropriate attorney for the state may
3-24 not initiate suit for the penalty until the 10th day after the date
3-25 the commission mails notice under this subsection. If the penalty
3-26 is paid before the 10th day after the mailing, the commission shall
3-27 notify the appropriate attorney for the state, and the civil suit
4-1 under this subsection may not be initiated.
4-2 SECTION 1.04. Article 1, Chapter 304, Acts of the 72nd
4-3 Legislature, Regular Session, 1991 (Article 6252-9d.1, Vernon's
4-4 Texas Civil Statutes), is amended by adding Section 1.121 to read
4-5 as follows:
4-6 Sec. 1.121. STATEMENTS AND REPORTS CONSIDERED TO BE
4-7 VERIFIED. (a) A statement or report that is filed with the
4-8 commission is considered to be under oath by the person required to
4-9 file the statement or report regardless of the absence of or defect
4-10 in the affidavit of verification, including a signature.
4-11 (b) A person required to file a statement or report with the
4-12 commission is subject to prosecution under Chapter 37, Penal Code,
4-13 and its subsequent amendments, regardless of the absence of or
4-14 defect in the affidavit of verification.
4-15 (c) This section applies to a statement or report that is
4-16 filed with the commission electronically or otherwise.
4-17 SECTION 1.05. Section 1.13(b), Chapter 304, Acts of the 72nd
4-18 Legislature, Regular Session, 1991 (Article 6252-9d.1, Vernon's
4-19 Texas Civil Statutes), is amended to read as follows:
4-20 (b) The commission may <by record vote of at least six
4-21 commission members> perform an enforcement <a complete> audit on
4-22 its own motion or in connection with a preliminary review, <only
4-23 at> an informal <and formal> hearing, or a formal hearing.
4-24 SECTION 1.06. Section 1.14, Chapter 304, Acts of the 72nd
4-25 Legislature, Regular Session, 1991 (Article 6252-9d.1, Vernon's
4-26 Texas Civil Statutes), is amended to read as follows:
4-27 Sec. 1.14. SUBPOENAS. In connection with an informal
5-1 hearing or a formal hearing, the commission may subpoena and
5-2 examine witnesses and documents as authorized by this article that
5-3 directly relate to a sworn complaint or to a proceeding initiated
5-4 on the commission's own motion. A copy of a subpoena of the
5-5 commission must be delivered to the respondent. At the written
5-6 request of at least six members of the commission, a peace officer
5-7 shall serve a subpoena of the commission in the manner prescribed
5-8 for service of a district court subpoena. If a person to whom a
5-9 subpoena is directed refuses to appear, refuses to answer
5-10 inquiries, or fails or refuses to produce books, records, or other
5-11 documents that were under the person's control when the demand was
5-12 made, the commission shall report that fact to a district court in
5-13 Travis County. The district court shall enforce the subpoena by
5-14 attachment proceedings for contempt in the same manner as the court
5-15 enforces a subpoena issued by the court. A respondent has the
5-16 right to quash a subpoena as provided by law. A subpoenaed witness
5-17 who attends a commission hearing is entitled to the same mileage
5-18 and per diem as a witness who appears before a grand jury.
5-19 SECTION 1.07. Section 1.15(b), Chapter 304, Acts of the 72nd
5-20 Legislature, Regular Session, 1991 (Article 6252-9d.1, Vernon's
5-21 Texas Civil Statutes), is amended to read as follows:
5-22 (b) A complaint filed under this section must be in writing
5-23 and under oath and must set forth in simple, concise, and direct
5-24 statements:
5-25 (1) the name and street or mailing address of the
5-26 complainant;
5-27 (2) the name and position or title of each respondent;
6-1 (3) the nature of the alleged violation, including if
6-2 possible the specific rule or provision of law alleged to have been
6-3 violated;
6-4 (4) a statement of the facts alleged to constitute the
6-5 alleged violation and the dates on which or period of time in which
6-6 the alleged violation occurred; and
6-7 (5) all documents or other material available to the
6-8 complainant and in the possession of the complainant that are
6-9 relevant to the allegation, a list of all documents or other
6-10 material within the knowledge of the complainant and available to
6-11 the complainant that are relevant to the allegation but that are
6-12 not in the possession of the complainant, including the location of
6-13 the documents, if known, and a list of all documents or other
6-14 material within the knowledge of the complainant that are
6-15 unavailable to the complainant and that are relevant to the
6-16 complaint, including the location of the documents, if known.
6-17 SECTION 1.08. Section 1.18, Chapter 304, Acts of the 72nd
6-18 Legislature, Regular Session, 1991 (Article 6252-9d.1, Vernon's
6-19 Texas Civil Statutes), is amended to read as follows:
6-20 Sec. 1.18. RESOLUTION OF PRELIMINARY REVIEW. (a) As soon
6-21 as practicable after the completion of a preliminary review under
6-22 Section 1.17 of this article, the commission by record vote shall
6-23 issue a decision stating:
6-24 (1) whether there is credible evidence <for the
6-25 commission to determine> that a violation within the jurisdiction
6-26 of the commission has occurred; or
6-27 (2) that there is insufficient evidence <for the
7-1 commission> to determine whether a violation within the
7-2 jurisdiction of the commission has occurred.
7-3 (b) If the commission determines that there is credible
7-4 evidence <for the commission to determine> that a violation has
7-5 occurred, the commission shall resolve and settle the complaint or
7-6 motion to the extent possible. If the commission successfully
7-7 resolves and settles the complaint or motion, not later than the
7-8 fifth business day after the date of the final resolution of the
7-9 complaint or motion, the commission shall send to the complainant,
7-10 if any, and the respondent a copy of the decision stating the
7-11 commission's determination and written notice of the resolution and
7-12 the terms of the resolution. If the commission is unsuccessful in
7-13 resolving and settling the complaint or motion, the commission in
7-14 its discretion shall:
7-15 (1) order an informal hearing to be held in accordance
7-16 with Section 1.19 of this article; and
7-17 (2) not later than the fifth business day after the
7-18 date of the decision, send to the complainant, if any, and the
7-19 respondent a copy of the decision and written notice of the date,
7-20 time, and place of the informal hearing.
7-21 (c) If the commission determines that there is credible
7-22 evidence <for the commission to determine> that a violation within
7-23 the jurisdiction of the commission has not occurred, the commission
7-24 shall:
7-25 (1) dismiss the complaint or motion; and
7-26 (2) not later than the fifth business day after the
7-27 date of the dismissal, send to the complainant, if any, and the
8-1 respondent a copy of the decision stating the commission's
8-2 determination and written notice of the dismissal and the grounds
8-3 for dismissal.
8-4 (d) If the commission determines that there is insufficient
8-5 credible evidence <for the commission> to determine that a
8-6 violation within the jurisdiction of the commission has occurred,
8-7 the commission may dismiss the complaint or motion or promptly
8-8 conduct an informal hearing under Section 1.19 of this article.
8-9 Not later than the fifth business day after the date of the
8-10 commission's determination under this subsection, the commission
8-11 shall send to the complainant, if any, and the respondent a copy of
8-12 the decision stating the commission's determination and written
8-13 notice of the grounds for the determination.
8-14 SECTION 1.09. Section 1.19(a), Chapter 304, Acts of the 72nd
8-15 Legislature, Regular Session, 1991 (Article 6252-9d.1, Vernon's
8-16 Texas Civil Statutes), is amended to read as follows:
8-17 (a) During an informal hearing, the commission:
8-18 (1) may consider all evidence related to a sworn
8-19 complaint or to a motion under Subsection (a) of Section 1.17 of
8-20 this article;
8-21 (2) may review any documents or materials related to
8-22 the sworn complaint or motion;
8-23 (3) may submit written questions and require those
8-24 questions to be answered under oath; and
8-25 (4) may subpoena documents or materials related to the
8-26 sworn complaint or motion<; and>
8-27 <(5) shall determine by credible evidence for the
9-1 commission to determine whether a violation within the jurisdiction
9-2 of the commission has occurred>.
9-3 SECTION 1.10. Section 1.20, Chapter 304, Acts of the 72nd
9-4 Legislature, Regular Session, 1991 (Article 6252-9d.1, Vernon's
9-5 Texas Civil Statutes), is amended to read as follows:
9-6 Sec. 1.20. RESOLUTION OF INFORMAL HEARING. (a) As soon as
9-7 practicable after the completion of an informal hearing under
9-8 Section 1.19 of this article, the commission by record vote shall
9-9 issue a decision stating whether there is credible evidence <for
9-10 the commission to determine> that a violation has occurred and
9-11 whether the violation is technical or de minimis.
9-12 (b) If the commission determines that there is credible
9-13 evidence <for the commission to determine> that a violation has not
9-14 occurred, the commission shall:
9-15 (1) dismiss the complaint or motion; and
9-16 (2) not later than the fifth business day after the
9-17 date of the dismissal, send to the complainant, if any, and the
9-18 respondent a copy of the decision stating the commission's
9-19 determination and written notice of the dismissal and the grounds
9-20 for dismissal.
9-21 (c) If the commission determines that there is credible
9-22 evidence <for the commission to determine> that a violation has
9-23 occurred, the commission shall resolve and settle the complaint or
9-24 motion to the extent possible. If the commission successfully
9-25 resolves and settles the complaint or motion, not later than the
9-26 fifth business day after the date of the final resolution of the
9-27 complaint or motion, the commission shall send to the complainant,
10-1 if any, and the respondent a copy of the decision stating the
10-2 commission's determination and written notice of the resolution and
10-3 the terms of the resolution. If the commission is unsuccessful in
10-4 resolving and settling the complaint or motion, the commission
10-5 shall:
10-6 (1) order a formal hearing to be held in accordance
10-7 with Section 1.22 of this article; and
10-8 (2) not later than the fifth business day after the
10-9 date of the decision, send to the complainant, if any, and the
10-10 respondent a copy of the decision and written notice of the date,
10-11 time, and place of the formal hearing, a statement of the nature of
10-12 the alleged violation, and a description of the evidence of the
10-13 alleged violation. A copy of the complaint or motion, the rules of
10-14 procedure of the commission, and a statement of the rights of the
10-15 respondent shall be sent with the notice.
10-16 SECTION 1.11. Sections 1.28(a) and (b), Chapter 304, Acts of
10-17 the 72nd Legislature, Regular Session, 1991 (Article 6252-9d.1,
10-18 Vernon's Texas Civil Statutes), are amended to read as follows:
10-19 (a) The commission may:
10-20 (1) impose a civil penalty of not more than $5,000, or
10-21 triple the amount at issue under a law administered and enforced by
10-22 the commission, whichever amount is greater, for a delay in
10-23 complying with a commission order or for a violation of a law
10-24 administered and enforced by the commission;
10-25 (2) impose a civil penalty of not more than $5,000
10-26 <$10,000> for the filing of a frivolous or bad-faith complaint;
10-27 (3) following a criminal conviction for an offense
11-1 under Chapter 36, Penal Code, or Chapter 305, Government Code,
11-2 deny, suspend, or revoke the registration of a person required to
11-3 be registered under Chapter 305, Government Code;
11-4 (4) notify the appropriate regulatory or supervisory
11-5 entity, including any agency, the State Commission on Judicial
11-6 Conduct, the senate, the house of representatives, or the State Bar
11-7 of Texas, of a violation of a law administered and enforced by the
11-8 commission;
11-9 (5) issue and enforce cease and desist orders to stop
11-10 violations; and
11-11 (6) issue affirmative orders to require compliance
11-12 with the laws administered and enforced by the commission.
11-13 (b) In this section, "frivolous complaint" means a complaint
11-14 that is groundless and brought in bad faith or is groundless and
11-15 brought for the purpose of harassment. In determining what
11-16 constitutes a frivolous complaint, the commission shall be guided
11-17 by Rule 13, Texas Rules of Civil Procedure, and interpretations of
11-18 that rule.
11-19 SECTION 1.12. Section 1.31(a), Chapter 304, Acts of the 72nd
11-20 Legislature, Regular Session, 1991 (Article 6252-9d.1, Vernon's
11-21 Texas Civil Statutes), is amended to read as follows:
11-22 (a) A member of the commission who is the subject of a
11-23 formal investigation by the commission, of a sworn complaint filed
11-24 with the commission <or a motion>, or of a motion by record vote of
11-25 at least six members of the commission may not participate in that
11-26 member's official capacity in commission proceedings relating to
11-27 the investigation, complaint, or motion.
12-1 SECTION 1.13. Section 1.35(b), Chapter 304, Acts of the 72nd
12-2 Legislature, Regular Session, 1991 (Article 6252-9d.1, Vernon's
12-3 Texas Civil Statutes), is amended to read as follows:
12-4 (b) The state ethics fund consists of that part of the
12-5 unclaimed money fund as provided by Section 74.602, Property Code,
12-6 and fees collected under Section 251.009, Election Code, or Section
12-7 305.005, Government Code.
12-8 SECTION 1.14. Sections 1.21 and 1.26, Chapter 304, Acts of
12-9 the 72nd Legislature, Regular Session, 1991 (Article 6252-9d.1,
12-10 Vernon's Texas Civil Statutes), are repealed.
12-11 ARTICLE 2
12-12 SECTION 2.01. Section 305.0011(e), Government Code, is
12-13 amended to read as follows:
12-14 (e) The commission may adopt rules for the implementation of
12-15 this section consistent with this chapter, the Texas Disciplinary
12-16 Rules of Professional Conduct <Code of Professional
12-17 Responsibility>, and the common law of agency.
12-18 SECTION 2.02. Section 305.004, Government Code, is amended
12-19 to read as follows:
12-20 Sec. 305.004. Exceptions. The following persons are not
12-21 required to register under this chapter:
12-22 (1) a person who owns, publishes, or is employed by a
12-23 newspaper, any other regularly published periodical, a radio
12-24 station, a television station, a wire service, or any other bona
12-25 fide news medium that in the ordinary course of business
12-26 disseminates news, letters to the editors, editorial or other
12-27 comment, or paid advertisements that directly or indirectly oppose
13-1 or promote legislation or administrative action, if the person does
13-2 not engage in further or other activities that require registration
13-3 under this chapter and does not represent another person in
13-4 connection with influencing legislation or administrative action;
13-5 (2) a person whose only direct communication with a
13-6 member of the legislative or executive branch to influence
13-7 legislation or administrative action is an appearance on behalf of
13-8 the person's full-time employer before or testimony to one or more
13-9 members of the legislative or executive branch in a hearing
13-10 conducted by or on behalf of either the legislative or the
13-11 executive branch and whose only <who does not receive special or
13-12 extra> compensation for the appearance is either the person's
13-13 regular salary or routine hourly rate, as applicable, and <other
13-14 than> actual expenses incurred in attending the hearing, if any;
13-15 (3) a person whose only activity is to encourage or
13-16 solicit members, employees, or stockholders of an entity by whom
13-17 the person is reimbursed, employed, or retained to communicate
13-18 directly with members of the legislative or executive branch to
13-19 influence legislation or administrative action;
13-20 (4) a person whose only activity to influence
13-21 legislation or administrative action is to compensate or reimburse
13-22 an individual registrant to act in the person's behalf to
13-23 communicate directly with a member of the legislative or executive
13-24 branch to influence legislation or administrative action;
13-25 (5) a person whose only activity to influence
13-26 legislation or administrative action is attendance at a meeting or
13-27 entertainment event attended by a member of the legislative or
14-1 executive branch if the total cost of the meeting or entertainment
14-2 event is paid by a business entity, union, or association;
14-3 (6) a person whose only compensation subject to
14-4 Section 305.003(a)(2) consists of reimbursement for any wages not
14-5 earned due to attendance at a meeting or entertainment event,
14-6 travel to and from the meeting or entertainment event, admission to
14-7 the meeting or entertainment event, and any food and beverage
14-8 consumed at the meeting or entertainment event if the meeting or
14-9 entertainment event is attended by a member of the legislative or
14-10 executive branch and if the total cost of the meeting or
14-11 entertainment event is paid by a business entity, union, or
14-12 association; and
14-13 (7) a person who communicates directly with a member
14-14 of the legislative or executive branch on behalf of a political
14-15 party concerning legislation or administrative action, and whose
14-16 expenditures and compensation, as described in Section 305.003,
14-17 combined do not exceed $5,000 a calendar year.
14-18 SECTION 2.03. Sections 305.005(c) and (f), Government Code,
14-19 are amended to read as follows:
14-20 (c) The registration fee and registration renewal fee are:
14-21 (1) $100 for a registrant employed by an organization
14-22 or organizations exempt from federal income tax under Section
14-23 501(c)(3) or 501(c)(4), Internal Revenue Code of 1986, and not
14-24 employed by any other person or type of organization for purposes
14-25 regulated under this chapter; or
14-26 (2) $300 for any other registrant.
14-27 (f) The registration must be written and verified and must
15-1 contain:
15-2 (1) the registrant's full name and address;
15-3 (2) the registrant's normal business, business phone
15-4 number, and business address;
15-5 (3) the full name and address of each person:
15-6 (A) who reimburses, retains, or employs the
15-7 registrant to communicate directly with a member of the legislative
15-8 or executive branch to influence legislation or administrative
15-9 action; and
15-10 (B) on whose behalf the registrant has
15-11 communicated directly with a member of the legislative or executive
15-12 branch to influence legislation or administrative action;
15-13 (4) the subject matter and, if applicable, the bill
15-14 number, docket number, or other legislative or administrative
15-15 designation of the legislation or administrative action that is the
15-16 subject of the registrant's direct communication with a member of
15-17 the legislative or executive branch;
15-18 (5) for each person employed or retained by the
15-19 registrant for the purpose of assisting in direct communication
15-20 with a member of the legislative or executive branch to influence
15-21 legislation or administrative action:
15-22 (A) the full name, business address, occupation,
15-23 and date of employment or retention of the person by the
15-24 registrant; and
15-25 (B) the subject matter and, if applicable, the
15-26 bill number, docket number, or other administrative designation of
15-27 the legislation or administrative action to which the person's
16-1 activities reportable under this section were related; and
16-2 (6) the amount of compensation or reimbursement paid
16-3 by each person who reimburses, retains, or employs the registrant
16-4 for the purpose of communicating directly with a member of the
16-5 legislative or executive branch or on whose behalf the registrant
16-6 communicates directly with a member of the legislative or executive
16-7 branch, except that if the registrant will be paid a specific
16-8 amount by that person under a contract or other legally enforceable
16-9 agreement, the registrant shall report that amount instead and
16-10 shall indicate the period of time covered by the contract or other
16-11 agreement.
16-12 SECTION 2.04. Section 305.006, Government Code, is amended
16-13 by adding Subsection (g) to read as follows:
16-14 (g) The report must also list the name of each statewide
16-15 officeholder, member of the legislature, or specific-purpose
16-16 committee for supporting, opposing, or assisting a statewide
16-17 officeholder or member of the legislature to whom the registrant
16-18 made political contributions under Title 15, Election Code, that in
16-19 the aggregate equal or exceed $50.
16-20 SECTION 2.05. Section 305.0061(b), Government Code, is
16-21 amended to read as follows:
16-22 (b) If a registrant or a person on the registrant's behalf
16-23 and with the registrant's consent or ratification makes
16-24 expenditures that exceed $50 a day for food and beverages for a
16-25 member of the legislative or executive branch or makes expenditures
16-26 that exceed $50 a day for entertainment for a member of the
16-27 legislative or executive branch <or for the immediate family of a
17-1 member of the legislative or executive branch>, the registrant
17-2 shall also state the following on the report filed under Section
17-3 305.006:
17-4 (1) the name of the member of the legislative or
17-5 executive branch in whose behalf the expenditure is made;
17-6 (2) the place and date of the expenditure; and
17-7 (3) the amount of the expenditure by the appropriate
17-8 category of the amount, as determined by the commission.
17-9 SECTION 2.06. Sections 305.0062(a) and (d), Government Code,
17-10 are amended to read as follows:
17-11 (a) The report filed under Section 305.006 must also contain
17-12 the total expenditures described by Section 305.006(b) that are
17-13 directly attributable to persons in the following categories
17-14 <members of the legislative or executive branch and those that are
17-15 directly attributable to the registrant>. The expenditures must be
17-16 stated in only one of the following categories:
17-17 (1) state senators;
17-18 (2) state representatives;
17-19 (3) elected or appointed state officers, other than
17-20 those described by Subdivision (1) or (2);
17-21 (4) legislative agency employees;
17-22 (5) executive agency employees;
17-23 (6) the immediate family of a member of the
17-24 legislative or executive branch;
17-25 (7) the registrant; or <and>
17-26 (8) events to which all legislators are invited.
17-27 (d) If a registrant cannot reasonably determine the amount
18-1 of an expenditure under Section 305.006(b) that is directly
18-2 attributable to a person <member of the legislative or executive
18-3 branch or to the registrant> as required by Subsection (a), the
18-4 registrant shall apportion the expenditure made by that registrant
18-5 or by others on the registrant's behalf and with the registrant's
18-6 consent or ratification according to the total number of persons in
18-7 attendance. However, if an expenditure is for an event to which
18-8 all legislators are invited, the registrant shall report the
18-9 expenditure under Subsection (a)(8) and not under any other
18-10 subdivision of that subsection or any other provision of this
18-11 chapter.
18-12 SECTION 2.07. Subchapter A, Chapter 305, Government Code, is
18-13 amended by adding Section 305.0064 to read as follows:
18-14 Sec. 305.0064. ENTITY REGISTRATION. (a) An entity, other
18-15 than an individual, that is required to register under this chapter
18-16 and that employs individuals, including assistants and agents, who
18-17 are also registered under this chapter may elect to report
18-18 activities under this section.
18-19 (b) An entity may file with the commission a single annual
18-20 report that lists all the information required under Section
18-21 305.005.
18-22 (c) The report shall contain a clear explanation of the
18-23 relationships between:
18-24 (1) the entity and the clients for whom it makes
18-25 contact with members of the legislative or executive branch;
18-26 (2) the entity and its employees, assistants, agents,
18-27 and associates who contact members of the legislative or executive
19-1 branch; and
19-2 (3) the entity and all persons who assist it in
19-3 activities required to be reported under this chapter.
19-4 (d) An entity that elects reporting under this section shall
19-5 report total compensation anticipated from each client and the
19-6 total compensation to be paid to each person who makes contact with
19-7 members of the legislative or executive branch on its behalf.
19-8 (e) The report required to be filed by registrants under
19-9 this chapter shall be filed by individual registrants who operate
19-10 in concert with the entity and shall reflect all transactions that
19-11 would be reflected by the entity report.
19-12 (f) An individual registrant who reports on behalf of an
19-13 entity under this section is responsible for the accuracy and
19-14 completeness of the report.
19-15 (g) Changes in compensation, clients, or assistants shall be
19-16 reflected in the individual registrant's reports and amended
19-17 registration forms.
19-18 (h) The commission shall adopt rules that provide for
19-19 simplified reporting of activities covered by this chapter by
19-20 entities that employ registrants. The rules must allow the
19-21 reporting of entity structure and activities in graphic format.
19-22 SECTION 2.08. Section 305.011(c), Government Code, is
19-23 amended to read as follows:
19-24 (c) The commission shall send the lists prepared under this
19-25 section to each member of the legislature. During a regular
19-26 legislative session, the commission <secretary> shall send a
19-27 monthly update of the lists to each member of the legislature and
20-1 to any person required to file under Chapter 421, Acts of the 63rd
20-2 Legislature, Regular Session, 1973 (Article 6252-9b, Vernon's Texas
20-3 Civil Statutes), who requests one.
20-4 SECTION 2.09. Subchapter A, Chapter 305, Government Code, is
20-5 amended by adding Section 305.012 to read as follows:
20-6 Sec. 305.012. VERIFICATION. A registration, report, or
20-7 termination notice filed under this chapter without an affidavit of
20-8 verification, or filed with a defective affidavit, is covered by
20-9 Section 1.121, Chapter 304, Acts of the 72nd Legislature, Regular
20-10 Session, 1991 (Article 6252-9d.1, Vernon's Texas Civil Statutes).
20-11 SECTION 2.10. Section 305.025, Government Code, is amended
20-12 to read as follows:
20-13 Sec. 305.025. Exceptions. Section 305.024 does not
20-14 prohibit:
20-15 (1) a loan in the due course of business from a
20-16 corporation or other business entity that is legally engaged in the
20-17 business of lending money and that has conducted that business
20-18 continuously for more than one year before the loan is made;
20-19 (2) a loan or guarantee of a loan or a gift made or
20-20 given by a person related within the second degree by affinity or
20-21 consanguinity to the member of the legislative or executive branch;
20-22 (3) necessary expenditures for transportation and
20-23 lodging when the purpose of the travel is to explore matters
20-24 directly related to the duties of a member of the legislative or
20-25 executive branch, such as fact-finding trips, but not including
20-26 attendance at merely ceremonial events or pleasure trips;
20-27 (4) necessary expenditures for transportation and
21-1 lodging provided in connection with a conference, seminar,
21-2 educational program, or similar event in which the member renders
21-3 services, such as addressing an audience or engaging in a seminar,
21-4 to the extent that those services are more than merely perfunctory;
21-5 or
21-6 (5) a political contribution as defined by Section
21-7 251.001, Election Code.
21-8 SECTION 2.11. Section 305.026(a), Government Code, is
21-9 amended to read as follows:
21-10 (a) Public funds available to a political subdivision may
21-11 not be used to compensate or reimburse the expenses over $50 of any
21-12 person for the purpose of communicating directly with a member of
21-13 the legislative branch to influence legislation, unless the person
21-14 being compensated or reimbursed resides in the district of the
21-15 member with whom the person communicates or files a written
21-16 statement with the commission <secretary of state> that includes
21-17 the person's name, the amount of compensation or reimbursement, and
21-18 the name of the affected political subdivision.
21-19 SECTION 2.12. Section 305.027(a), Government Code, is
21-20 amended to read as follows:
21-21 (a) A person commits an offense if the person knowingly
21-22 enters into a contract or other agreement to print, publish, or
21-23 broadcast legislative advertising that does not indicate in the
21-24 advertising:
21-25 (1) that it is legislative advertising;
21-26 (2) the full name of the individual who personally
21-27 entered into the contract or agreement with the printer, publisher,
22-1 or broadcaster and the name of the person, if any, that the
22-2 individual represents; <and>
22-3 (3) in the case of advertising that is printed or
22-4 published, the address of the individual who personally entered
22-5 into the agreement with the printer or publisher and the address of
22-6 the person, if any, that the individual represents; and
22-7 (4) the name of the person who will ultimately pay for
22-8 the legislative advertising.
22-9 SECTION 2.13. Section 305.033(a), Government Code, is
22-10 amended to read as follows:
22-11 (a) The commission shall determine from any available
22-12 evidence whether a registration or report required to be filed with
22-13 the commission under this chapter is late. A registration filed
22-14 without the fee required by Section 305.005 is considered to be
22-15 late. On making a determination that a required registration or
22-16 report is late, the commission shall immediately mail a notice of
22-17 the determination to the person responsible for the filing<, to the
22-18 commission,> and to the appropriate attorney for the state.
22-19 SECTION 2.14. The change in law made by this article to the
22-20 information required to be included in a registration filed under
22-21 Chapter 305, Government Code, applies only to a registration filed
22-22 on or after December 1, 1993.
22-23 SECTION 2.15. The change in law made by this article to the
22-24 information required to be included in a report filed under Chapter
22-25 305, Government Code, applies only to a report filed on or after
22-26 October 1, 1993.
22-27 SECTION 2.16. The change in law made by Section 2.12 of this
23-1 Act applies only to a contract or other agreement entered into on
23-2 or after September 1, 1993. An offense committed before that date
23-3 is covered by the law in effect on the date the offense occurred,
23-4 and that law is continued in effect for this purpose.
23-5 ARTICLE 3
23-6 SECTION 3.01. Section 2(6), Chapter 421, Acts of the 63rd
23-7 Legislature, Regular Session, 1973 (Article 6252-9b, Vernon's Texas
23-8 Civil Statutes), is amended to read as follows:
23-9 (6) "Executive head" of a state agency means the
23-10 executive director of the Texas Legislative Council, the executive
23-11 director of the Legislative Budget Board, and the director,
23-12 executive director, commissioner, administrator, chief clerk, or
23-13 other individual not within the definition of appointed officer who
23-14 is appointed by the governing body or highest officer of the state
23-15 agency to act as the chief executive or administrative officer of
23-16 the agency. The term includes the chancellor or highest executive
23-17 officer of a university system and the president of a public senior
23-18 college or university as defined by Section 61.003, Texas Education
23-19 Code, as amended.
23-20 SECTION 3.02. Section 3(a), Chapter 421, Acts of the 63rd
23-21 Legislature, Regular Session, 1973 (Article 6252-9b, Vernon's Texas
23-22 Civil Statutes), is amended to read as follows:
23-23 (a) On or before April 30th of each year, every elected
23-24 <state> officer, salaried appointed officer, appointed officer of a
23-25 major state agency, executive head of a state agency, and <every>
23-26 party chairman, and the parliamentarian of each house of the
23-27 legislature, shall file with the commission a financial statement
24-1 complying with the requirements of Section 4 of this Act.
24-2 SECTION 3.03. Sections 4(c) and (d), Chapter 421, Acts of
24-3 the 63rd Legislature, Regular Session, 1973 (Article 6252-9b,
24-4 Vernon's Texas Civil Statutes), are amended to read as follows:
24-5 (c) The account of financial activity referred to in
24-6 Subsection (a) of this section shall consist of:
24-7 (1) a list of all sources of occupational income,
24-8 identified by employer, or if self-employed, by the nature of the
24-9 occupation, including identification of any person, business
24-10 entity, or other organization from whom the person or a business in
24-11 which he has a substantial interest received a fee as a retainer
24-12 for a claim on future services in case of need (as opposed to a fee
24-13 for services on a matter specified at the time of contracting for
24-14 or receiving the fee), whenever professional or occupational
24-15 services were not actually performed during the reporting period
24-16 commensurate to or in excess of the amount of the retainer, and the
24-17 category of the amount of the fee;
24-18 (2) identification by name and category of number of
24-19 shares of stock of any business entity held or acquired, and if
24-20 sold the category of the amount of net gain or loss realized from
24-21 such sale;
24-22 (3) a list of all bonds, notes, and other commercial
24-23 paper held or acquired, and if sold the category of the amount of
24-24 net gain or loss realized from such sale;
24-25 (4) identification of each source and the category of
24-26 the amount of income in excess of $500 derived per source from
24-27 interest, dividends, royalties, and rents;
25-1 (5) identification of each guarantor of a loan and
25-2 identification of each person or financial institution to whom a
25-3 personal note or notes or lease agreement for a total financial
25-4 liability in excess of $1,000 existed at any time during the year,
25-5 and the category of the amount of the liability;
25-6 (6) identification by description of all beneficial
25-7 interests in real property and business entities held or acquired,
25-8 and if sold the category of the amount of the net gain or loss
25-9 realized from such sale;
25-10 (7) identification of any person, business entity, or
25-11 other organization from whom the person or his spouse or dependent
25-12 children received a gift of anything of value in excess of $250 in
25-13 value and a description of each gift, except:
25-14 (A) gifts received from persons related to the
25-15 person at any time within the second degree of consanguinity or
25-16 affinity, as determined under Article 5996h, Revised Statutes;
25-17 (B) political contributions that were reported
25-18 as required by law; and
25-19 (C) expenditures required to be reported by a
25-20 person required to be registered under Chapter 305, Government
25-21 Code;
25-22 (8) identification of the source and the category of
25-23 the amount of all income received as beneficiary of a trust and
25-24 identification of each asset, if known to the beneficiary, from
25-25 which income was received by the beneficiary in excess of $500;
25-26 (9) identification by description and category of the
25-27 amount of all assets and liabilities of any corporation or
26-1 partnership in which 50 percent or more of the outstanding
26-2 ownership was held, acquired, or sold;
26-3 (10) a list of all boards of directors of which the
26-4 person is a member and executive positions which the person holds
26-5 in corporations, firms, partnerships, and proprietorships, stating
26-6 the name of each corporation, firm, partnership, or proprietorship
26-7 and the position held;
26-8 (11) identification of any person providing
26-9 transportation, meals, or lodging expenses permitted under Section
26-10 36.07(b), Penal Code, and the amount of those expenses, other than
26-11 expenditures required to be reported under Chapter 305, Government
26-12 Code; and
26-13 (12) any partnership, joint venture, or other business
26-14 association, excluding a publicly held or traded business entity
26-15 <corporation>, in which both the state officer and a person
26-16 registered under Chapter 305, Government Code, have an interest.
26-17 (d) The financial statement shall be verified. However, a
26-18 statement filed without an affidavit of verification, or filed with
26-19 a defective affidavit, is covered by Section 1.121, Chapter 304,
26-20 Acts of the 72nd Legislature, Regular Session, 1991 (Article
26-21 6252-9d.1, Vernon's Texas Civil Statutes).
26-22 SECTION 3.04. Sections 7(a) and (b), Chapter 421, Acts of
26-23 the 63rd Legislature, Regular Session, 1973 (Article 6252-9b,
26-24 Vernon's Texas Civil Statutes), are amended to read as follows:
26-25 (a) No member of the legislature shall, for compensation,
26-26 represent another person before a state agency in the executive
26-27 branch of state government <unless:>
27-1 <(1) the representation is made in a proceeding that
27-2 is adversary in nature or other public hearing which is a matter of
27-3 record; or>
27-4 <(2) the representation involves the filing of
27-5 documents, contacts with such agency, or other relations, which
27-6 involve only ministerial acts on the part of the commission,
27-7 agency, board, department, or officer>.
27-8 (b) A member of the legislature may not vote on a measure or
27-9 a bill that will directly benefit the member or a specific business
27-10 transaction of a business entity in which the member has a
27-11 controlling interest. The member must disclose the member's
27-12 interest to the legislature.
27-13 SECTION 3.05. Section 7A(a), Chapter 421, Acts of the 63rd
27-14 Legislature, Regular Session, 1973 (Article 6252-9b, Vernon's Texas
27-15 Civil Statutes), is amended to read as follows:
27-16 (a) A member of the governing body or executive head of a
27-17 regulatory agency who ceases service with that body or agency on or
27-18 after January 1, 1992, may not make<, with the intent to
27-19 influence,> any communication to or appearance before an officer or
27-20 employee of the agency in which the person served, before the
27-21 second anniversary of the date the person ceases to be a member of
27-22 the governing body or executive head of the agency if the
27-23 communication or appearance is made with the intent to influence
27-24 and is made<,> on behalf of any person in connection with any
27-25 matter on which the person seeks official action.
27-26 SECTION 3.06. Section 7C, Chapter 421, Acts of the 63rd
27-27 Legislature, Regular Session, 1973 (Article 6252-9b, Vernon's Texas
28-1 Civil Statutes), is amended to read as follows:
28-2 Sec. 7C. Contracts with governmental entities. (a) A state
28-3 officer may not solicit or accept <from the state, a political
28-4 subdivision of the state, or a governmental entity created under
28-5 the constitution or laws of the state> a commission, fee, bonus,
28-6 retainer, or rebate that is compensation for the officer's personal
28-7 solicitation for the award of a contract for services or sale of
28-8 goods to the state, a political subdivision of the state, or a
28-9 governmental entity created under the constitution or laws of the
28-10 state.
28-11 (b) This section does not apply to:
28-12 (1)<, excluding> contracts that are awarded by
28-13 competitive bid as provided by law and that are not otherwise
28-14 prohibited by law; and
28-15 (2) all court appointments.
28-16 (c) <(b)> A state officer who violates this section commits
28-17 an offense. An offense under this section is a Class A
28-18 misdemeanor.
28-19 SECTION 3.07. Chapter 421, Acts of the 63rd Legislature,
28-20 Regular Session, 1973 (Article 6252-9b, Vernon's Texas Civil
28-21 Statutes), is amended by adding Section 7D to read as follows:
28-22 Sec. 7D. PROHIBITED ACTIVITIES OF FORMER LEGISLATORS OR
28-23 STATEWIDE ELECTED OFFICIALS. (a) An individual may not engage in
28-24 activities that require registration under Chapter 305, Government
28-25 Code, and its subsequent amendments for the first two years after
28-26 the date the individual ceases to be a member of the legislature or
28-27 ceases to be a statewide elected official.
29-1 (b) An individual commits an offense if the individual
29-2 intentionally or knowingly violates Subsection (a) of this section.
29-3 An offense under this subsection is a Class A misdemeanor.
29-4 SECTION 3.08. Section 10(a), Chapter 421, Acts of the 63rd
29-5 Legislature, Regular Session, 1973 (Article 6252-9b, Vernon's Texas
29-6 Civil Statutes), is amended to read as follows:
29-7 (a) A state officer, candidate, appointee, or party chairman
29-8 commits an offense if he knowingly and wilfully fails to file a
29-9 financial statement <or an affidavit> as required by this Act.
29-10 However, in a prosecution for failure to file a financial statement
29-11 under this section, it is a defense that the defendant did not
29-12 receive copies of the financial statement form required to be
29-13 mailed to him by this Act.
29-14 SECTION 3.09. Section 159.012(a), Local Government Code, is
29-15 amended to read as follows:
29-16 (a) The county auditor shall prepare forms to be used for
29-17 filing the financial statement under this subchapter that are
29-18 substantially similar to the financial statement forms prepared by
29-19 the Texas Ethics Commission <secretary of state> under Chapter 421,
29-20 Acts of the 63rd Legislature, Regular Session, 1973 (Article
29-21 6252-9b, Vernon's Texas Civil Statutes).
29-22 SECTION 3.10. The following provisions are repealed:
29-23 (1) Section 4(g), Chapter 421, Acts of the 63rd
29-24 Legislature, Regular Session, 1973 (Article 6252-9b, Vernon's Texas
29-25 Civil Statutes); and
29-26 (2) Section 159.001 and Subchapter B, Chapter 159,
29-27 Local Government Code.
30-1 SECTION 3.11. (a) Section 7(a), Chapter 421, Acts of the
30-2 63rd Legislature, Regular Session, 1973 (Article 6252-9b, Vernon's
30-3 Texas Civil Statutes), as amended by Section 3.04 of this Act,
30-4 applies only to a representation before a state agency that is
30-5 initiated on or after the effective date of this Act. A
30-6 representation that is initiated before the effective date of this
30-7 Act is governed by the law in effect at the time the representation
30-8 was initiated, and that law is continued in effect for that purpose
30-9 only.
30-10 (b) Section 7D, Chapter 421, Acts of the 63rd Legislature,
30-11 Regular Session, 1973 (Article 6252-9b, Vernon's Texas Civil
30-12 Statutes), as added by this Act, applies only to a member of the
30-13 legislature or a statewide elected official who is elected on or
30-14 after November 8, 1994.
30-15 ARTICLE 4
30-16 SECTION 4.01. Sections 36.02(a) and (d), Penal Code, are
30-17 amended to read as follows:
30-18 (a) A person commits an offense if he intentionally or
30-19 knowingly offers, confers, or agrees to confer on another, or
30-20 solicits, accepts, or agrees to accept from another:
30-21 (1) any benefit as consideration for the recipient's
30-22 decision, opinion, recommendation, vote, or other exercise of
30-23 discretion as a public servant, party official, or voter;
30-24 (2) any benefit as consideration for the recipient's
30-25 decision, vote, recommendation, or other exercise of official
30-26 discretion in a judicial or administrative proceeding;
30-27 (3) any benefit as consideration for a violation of a
31-1 duty imposed by law on a public servant or party official; or
31-2 (4) any benefit that is a political contribution as
31-3 defined by Title 15, Election Code, or that is an expenditure
31-4 required to be reported under Chapter 305, Government Code, if the
31-5 benefit was offered, conferred, solicited, accepted, or agreed to
31-6 pursuant to an express agreement to take or withhold a specific
31-7 exercise of official discretion if such exercise of official
31-8 discretion would not have been taken or withheld but for the
31-9 benefit; notwithstanding any rule of evidence or jury instruction
31-10 allowing factual inferences in the absence of certain evidence,
31-11 direct evidence of the express agreement shall be required in any
31-12 prosecution under this subdivision.
31-13 (d) It is an exception to the application of Subdivisions
31-14 (1), (2), <and> (3), and (4) of Subsection (a) of this section that
31-15 the benefit is a political contribution accepted as defined by
31-16 Title 15, Election Code, or is a nonmonetary, noncash benefit of a
31-17 value of less than $50 required to be reported under Chapter 305,
31-18 Government Code.
31-19 SECTION 4.02. Section 36.07(b), Penal Code, is amended to
31-20 read as follows:
31-21 (b) This section does not prohibit a public servant from
31-22 accepting transportation and lodging expenses <permitted under
31-23 Section 305.025(b)(2), Government Code,> in connection with a
31-24 conference or similar event in which the public servant renders
31-25 services, such as addressing an audience or engaging in a seminar,
31-26 to the extent that those services are more than merely perfunctory,
31-27 or from accepting meals in connection with such an event.
32-1 SECTION 4.03. Section 36.08, Penal Code, is amended by
32-2 adding Subsection (i) to read as follows:
32-3 (i) A public servant who receives an unsolicited benefit
32-4 that the public servant is prohibited from accepting under this
32-5 section may donate the benefit to a governmental entity that has
32-6 the authority to accept the gift or may donate the benefit to a
32-7 recognized tax-exempt charitable organization formed for
32-8 educational, religious, or scientific purposes.
32-9 SECTION 4.04. Section 39.01, Penal Code, is amended by
32-10 adding Subsection (d) to read as follows:
32-11 (d) A discount or award given for travel, such as frequent
32-12 flyer miles, rental car or hotel discounts, or food coupons, are
32-13 not things of value belonging to the government for purposes of
32-14 this section due to the administrative difficulty and cost involved
32-15 in recapturing the discount or award for a governmental entity.
32-16 ARTICLE 5
32-17 SECTION 5.01. Sections 251.001(3)-(5), (9), and (12),
32-18 Election Code, are amended to read as follows:
32-19 (3) "Campaign contribution" means a political
32-20 contribution <to a candidate or political committee that is offered
32-21 or given with the intent that it be used in connection with a
32-22 campaign for elective office or on a measure. Whether a
32-23 contribution is made before, during, or after an election does not
32-24 affect its status as a campaign contribution>.
32-25 (4) "Officeholder contribution" means a political
32-26 contribution <to an officeholder or political committee that is
32-27 offered or given with the intent that it be used to defray expenses
33-1 that:>
33-2 <(A) are incurred by the officeholder in
33-3 performing a duty or engaging in an activity in connection with the
33-4 office; and>
33-5 <(B) are not reimbursable with public money>.
33-6 (5) "Political contribution" means a <campaign>
33-7 contribution that:
33-8 (A) is made to a candidate or political
33-9 committee and that is offered or given with the intent that it be
33-10 used in connection with a campaign for elective office or on a
33-11 measure, without regard to whether the contribution is made before,
33-12 during, or after an election; or
33-13 (B) is made to an officeholder or political
33-14 committee and that is offered or given with the intent that it be
33-15 used to defray expenses that:
33-16 (i) are incurred by the officeholder in
33-17 performing a duty or engaging in an activity in connection with the
33-18 office; and
33-19 (ii) are not actually reimbursed with
33-20 public money <or an officeholder contribution>.
33-21 (9) "Officeholder expenditure" means an expenditure
33-22 made by any person to defray expenses that:
33-23 (A) are incurred by an officeholder in
33-24 performing a duty or engaging in an activity in connection with the
33-25 office; and
33-26 (B) are not actually reimbursed <reimbursable>
33-27 with public money.
34-1 (12) "Political committee" means a group of persons
34-2 that has as a principal purpose accepting political contributions
34-3 or making political expenditures. The term does not include a
34-4 group of candidates or officeholders all of whom are otherwise
34-5 required to report under this title.
34-6 SECTION 5.02. Section 251.003, Election Code, is amended to
34-7 read as follows:
34-8 Sec. 251.003. Prohibition of Document Filing Fee. Except as
34-9 provided by Section 251.009, a <A> charge may not be made for
34-10 filing a document required to be filed under this title.
34-11 SECTION 5.03. Subchapter A, Chapter 251, Education Code, is
34-12 amended by adding Section 251.009 to read as follows:
34-13 Sec. 251.009. ANNUAL REGISTRATION FEE FOR CERTAIN POLITICAL
34-14 COMMITTEES. (a) A political committee that is required to file
34-15 its campaign treasurer appointment with the commission shall pay an
34-16 annual registration fee in an amount set by the commission not to
34-17 exceed $300.
34-18 (b) The commission shall adopt a schedule of registration
34-19 fees under this section. The fees may be computed on the basis of:
34-20 (1) whether a political committee is a general-purpose
34-21 committee or a specific-purpose committee;
34-22 (2) the amount of political contributions or political
34-23 expenditures accepted or made by a political committee;
34-24 (3) the number of contributors to a political
34-25 committee; or
34-26 (4) any other factor the commission considers
34-27 relevant.
35-1 (c) The fee is due on:
35-2 (1) July 15, if the political committee's campaign
35-3 treasurer appointment is filed on or before July 15 of the year for
35-4 which the fee is paid; or
35-5 (2) the date the political committee's campaign
35-6 treasurer appointment is filed, if the appointment is filed after
35-7 July 15 of the year for which the fee is paid.
35-8 (d) Fees received under this section shall be deposited to
35-9 the credit of the state ethics fund and may be used only for the
35-10 administration and enforcement of this title.
35-11 (e) Not later than the 15th day after the date a fee under
35-12 this section is due, the commission shall deliver a written notice
35-13 to the campaign treasurer of a political committee that has not
35-14 paid its fee. The notice must:
35-15 (1) be delivered by certified mail, return receipt
35-16 requested; and
35-17 (2) state that the commission will revoke the
35-18 committee's campaign treasurer appointment if the fee is not paid
35-19 before the 15th day after the date the notice is:
35-20 (A) received by the campaign treasurer; or
35-21 (B) returned to the commission as undeliverable
35-22 or unclaimed.
35-23 (f) The commission shall revoke the campaign treasurer
35-24 appointment of a political committee that has not paid its fee on
35-25 or before the 15th day after the date a notice under Subsection (e)
35-26 is received by a campaign treasurer or returned to the commission
35-27 as undeliverable or unclaimed. The commission immediately shall
36-1 deliver written notice of the revocation to the committee's
36-2 campaign treasurer by certified mail, return receipt requested.
36-3 (g) This section does not apply to a specific-purpose
36-4 committee entitled to file reports under Subchapter G, Chapter 254.
36-5 The commission shall adopt rules relating to payment of a
36-6 registration fee by a specific-purpose committee that becomes
36-7 subject to Subchapter E, Chapter 254, as provided by Section
36-8 254.183.
36-9 SECTION 5.04. Sections 252.001 and 252.005, Election Code,
36-10 are amended to read as follows:
36-11 Sec. 252.001. Appointment of Campaign Treasurer Required.
36-12 Each candidate, each officeholder, and each political committee
36-13 shall appoint a campaign treasurer as provided by this chapter.
36-14 Sec. 252.005. AUTHORITY WITH WHOM APPOINTMENT FILED:
36-15 CANDIDATE OR OFFICEHOLDER. An individual must file a campaign
36-16 treasurer appointment <for the individual's own candidacy> with:
36-17 (1) the commission <secretary of state>, if the
36-18 appointment is made by a candidate for or holder of <candidacy
36-19 for>:
36-20 (A) a statewide office;
36-21 (B) a district office filled by voters of more
36-22 than one county;
36-23 (C) the office of state senator;
36-24 (D) the office of state representative; or
36-25 (E) the office of member, State Board of
36-26 Education;
36-27 (2) the county clerk, if the appointment is made by a
37-1 candidate for or holder of <candidacy for> a county office, a
37-2 precinct office, or a district office other than one included in
37-3 Subdivision (1);
37-4 (3) the clerk or secretary of the governing body of
37-5 the political subdivision or, if the political subdivision has no
37-6 clerk or secretary, with the governing body's presiding officer, if
37-7 the appointment is made by a candidate for or holder of <candidacy
37-8 for> an office of a political subdivision other than a county;
37-9 (4) the county clerk if:
37-10 (A) the appointment is made by a candidate for
37-11 or holder of <candidacy for> an office of a political subdivision
37-12 other than a county;
37-13 (B) the governing body for the political
37-14 subdivision has not been formed; and
37-15 (C) no boundary of the political subdivision
37-16 crosses a boundary of the county; or
37-17 (5) the commission <secretary of state> if:
37-18 (A) the appointment is made by a candidate for
37-19 or holder of <candidacy for> an office of a political subdivision
37-20 other than a county;
37-21 (B) the governing body for the political
37-22 subdivision has not been formed; and
37-23 (C) the political subdivision is situated in
37-24 more than one county.
37-25 SECTION 5.05. Chapter 252, Election Code, is amended by
37-26 adding Section 252.0131 to read as follows:
37-27 Sec. 252.0131. TERMINATION OF APPOINTMENT ON REVOCATION BY
38-1 COMMISSION. (a) The commission shall revoke the campaign
38-2 treasurer appointment of a political committee for failure to pay a
38-3 registration fee as provided by Section 251.009.
38-4 (b) A campaign treasurer appointment that is revoked by the
38-5 commission is terminated on the fifth day after the date the
38-6 commission delivers the notice of revocation.
38-7 SECTION 5.06. Section 253.031(a), Election Code, is amended
38-8 to read as follows:
38-9 (a) A candidate or officeholder may not knowingly accept a
38-10 political <campaign> contribution or make or authorize a political
38-11 <campaign> expenditure at a time when a campaign treasurer
38-12 appointment for the person <candidate> is not in effect.
38-13 SECTION 5.07. Section 253.037(c), Election Code, is amended
38-14 to read as follows:
38-15 (c) Subsection (a) does not apply to:
38-16 (1) a general-purpose committee that accepts
38-17 contributions from a multicandidate political committee (as defined
38-18 by the Federal Election Campaign Act) that is registered with the
38-19 Federal Election Commission, provided that the general-purpose
38-20 committee is in compliance with Section 253.032; or
38-21 (2) a political party's county executive committee
38-22 that is required by Section 253.031(d)(2) to file a campaign
38-23 treasurer appointment.
38-24 SECTION 5.08. Section 253.041(a), Election Code, is amended
38-25 to read as follows:
38-26 (a) A candidate or officeholder or a specific-purpose
38-27 committee for supporting, opposing, or assisting the candidate or
39-1 officeholder may not knowingly make or authorize a payment from a
39-2 political contribution if the payment is made for personal services
39-3 rendered by the candidate or officeholder or by the spouse or
39-4 dependent child of the candidate or officeholder and if the payment
39-5 is made to:
39-6 (1) a business in which the candidate or officeholder
39-7 has a participating interest of more than 10 percent, holds a
39-8 position on the governing body of the business, or serves as an
39-9 officer of the business; or
39-10 (2) the candidate or officeholder or the spouse or
39-11 dependent child of the candidate or officeholder.
39-12 SECTION 5.09. Section 253.099(a), Election Code, is amended
39-13 to read as follows:
39-14 (a) A corporation or labor organization may make one or more
39-15 expenditures to finance nonpartisan voter registration and
39-16 get-out-the-vote campaigns <aimed at its stockholders or members,
39-17 as applicable, or at the families of its stockholders or members>.
39-18 SECTION 5.10. Section 254.036(b), Election Code, is amended
39-19 to read as follows:
39-20 (b) Each report filed under this chapter must be accompanied
39-21 by an affidavit executed by the person required to file the report.
39-22 The affidavit must contain the statement: "I swear, or affirm,
39-23 that the accompanying report is true and correct and includes all
39-24 information required to be reported by me under Title 15, Election
39-25 Code." However, a statement filed without an affidavit or filed
39-26 with a defective affidavit is covered by Section 1.121, Chapter
39-27 304, Acts of the 72nd Legislature, Regular Session, 1991 (Article
40-1 6252-9d.1, Vernon's Texas Civil Statutes).
40-2 SECTION 5.11. Sections 254.097 and 254.161, Election Code,
40-3 are amended to read as follows:
40-4 Sec. 254.097. Authority With Whom Reports Filed. Reports
40-5 under this subchapter shall be filed with the authority with whom a
40-6 campaign treasurer appointment <by a candidate for the office held
40-7 by the officeholder> is required to be filed.
40-8 Sec. 254.161. Notice to Candidate and Officeholder of
40-9 Contributions and Expenditures. If a general-purpose committee
40-10 other than a political party's state executive committee or county
40-11 executive committee accepts political contributions or makes
40-12 political expenditures for a candidate or officeholder, notice of
40-13 that fact shall be given to the affected candidate or officeholder
40-14 as provided by Section 254.128 for a specific-purpose committee.
40-15 SECTION 5.12. Section 255.001, Election Code, is amended to
40-16 read as follows:
40-17 Sec. 255.001. Required Disclosure on Political Advertising.
40-18 (a) A person may not knowingly enter into a contract or other
40-19 agreement to print, publish, or broadcast political advertising
40-20 that does not indicate in the advertising:
40-21 (1) that it is political advertising;
40-22 (2) the full name of <either the individual who
40-23 personally entered into the contract or agreement with the printer,
40-24 publisher, or broadcaster or> the person who paid for the political
40-25 advertising <that individual represents>; and
40-26 (3) in the case of advertising that is printed or
40-27 published, the address of <either the individual who personally
41-1 entered into the agreement with the printer or publisher or> the
41-2 person who paid for the political advertising <that individual
41-3 represents>.
41-4 (b) This section does not apply to tickets or invitations to
41-5 political fund-raising events or to campaign buttons, pins, hats,
41-6 or similar campaign materials.
41-7 (c) For purposes of this section, political advertising is
41-8 "paid for":
41-9 (1) in the case of advertising purchased with funds
41-10 provided by an individual, by the individual;
41-11 (2) in the case of advertising purchased with funds
41-12 provided by a political committee, by the campaign treasurer of the
41-13 committee; or
41-14 (3) in the case of advertising purchased with funds
41-15 provided by a person other than an individual or political
41-16 committee, by the person.
41-17 (d) A person who violates this section commits an offense.
41-18 An offense under this section is a Class A misdemeanor.
41-19 SECTION 5.13. Sections 252.008, 253.036, and 253.040,
41-20 Election Code, are repealed.
41-21 SECTION 5.14. The initial fee required by Section 251.009,
41-22 Election Code, as added by Section 5.03 of this Act, is due on July
41-23 15, 1994, or the date a political committee's campaign treasurer
41-24 appointment is filed if it is filed after that date.
41-25 SECTION 5.15. The change in law made by Section 5.12 of this
41-26 Act applies only to a contract or other agreement entered into on
41-27 or after September 1, 1993. A contract or agreement entered into
42-1 before that date is covered by the law in effect on the date the
42-2 contract or agreement was entered into, and that law is continued
42-3 in effect for this purpose.
42-4 SECTION 5.16. The change in law made by Section 5.06 of this
42-5 Act applies only to an offense committed on or after the effective
42-6 date of this Act. An offense committed before that date is covered
42-7 by the law in effect when the offense occurred, and that law is
42-8 continued in effect for this purpose.
42-9 ARTICLE 6
42-10 SECTION 6.01. This Act takes effect September 1, 1993.
42-11 SECTION 6.02. The importance of this legislation and the
42-12 crowded condition of the calendars in both houses create an
42-13 emergency and an imperative public necessity that the
42-14 constitutional rule requiring bills to be read on three several
42-15 days in each house be suspended, and this rule is hereby suspended.