73R11180 KLL-D
          By Carriker, et al.                                   S.B. No. 1005
          Substitute the following for S.B. No. 1005:
          By Seidlits                                       C.S.S.B. No. 1005
                                 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; or
    2-1              (5)  a person required to be registered under Section
    2-2  305.003, Government Code, or required to file under Section
    2-3  305.0031, Government Code.
    2-4        Sec. 1.04.  REMOVAL OF COMMISSION MEMBERS.  (a)  It is a
    2-5  ground for removal of a member from the commission if the member:
    2-6              (1)  is ineligible under Section 1.03 of this article;
    2-7              (2)  cannot discharge the member's duties for a
    2-8  substantial part of the term for which the member is appointed
    2-9  because of illness or disability;
   2-10              (3)  is absent from two consecutive regularly scheduled
   2-11  commission meetings that the member is eligible to attend during a
   2-12  calendar year unless the absence is excused by majority vote of the
   2-13  commission; or
   2-14              (4)  has a final conviction for a violation of Chapter
   2-15  36, Penal Code.
   2-16        (b)  The validity of an action of the commission is not
   2-17  affected by the fact that it is taken when a ground for removal of
   2-18  a commission member exists.
   2-19        (c)  If the chairman of the commission has knowledge that a
   2-20  potential ground for removal of a member exists, the chairman shall
   2-21  notify the appropriate appointing authority of the ground.
   2-22        (d)  If any two commission members have knowledge that a
   2-23  potential ground for removal of the chairman exists, the members
   2-24  shall notify the appropriate appointing authority of the ground.
   2-25        Sec. 1.05.  FILLING OF VACANCIES.  (a)  A vacancy on the
   2-26  commission shall be filled as expeditiously as possible but not
   2-27  later than the 90th day after the date on which the vacancy occurs.
    3-1        (b)  The members of the legislature who are required to
    3-2  submit a list to the official making the appointment to fill the
    3-3  vacancy shall submit the list as expeditiously as possible but not
    3-4  later than the 30th day after the date on which the vacancy occurs.
    3-5  If the governor is the appointing official and rejects all names on
    3-6  the list, a new list must be submitted not later than the 30th day
    3-7  after the date of the rejection.
    3-8        SECTION 1.02.  Sections 1.11(a) and (b), Chapter 304, Acts of
    3-9  the 72nd Legislature, Regular Session, 1991 (Article 6252-9d.1,
   3-10  Vernon's Texas Civil Statutes), are amended to read as follows:
   3-11        (a)  The commission shall:
   3-12              (1)  administer and enforce Chapters 302 and 305,
   3-13  Government Code; Title 15, Election Code; and Chapter 421, Acts of
   3-14  the 63rd Legislature, Regular Session, 1973 (Article 6252-9b,
   3-15  Vernon's Texas Civil Statutes); and perform any other powers or
   3-16  duties given to the commission under those laws;
   3-17              (2)  prescribe forms for statements and reports
   3-18  required to be filed with the commission and provide for the
   3-19  distribution of the forms;
   3-20              (3)  adopt by rule and publish a manual that
   3-21  establishes uniform methods of accounting and reporting for use by
   3-22  persons required to file statements and reports with the commission
   3-23  and that includes a digest of each advisory opinion issued by the
   3-24  commission under Section 1.29 of this article;
   3-25              (4)  send to each member of the legislature at the
   3-26  member's Capitol and district addresses:
   3-27                    (A)  a copy of each advisory opinion when the
    4-1  opinion is issued by the commission under Section 1.29 of this
    4-2  article; and
    4-3                    (B)  an annual digest of each advisory opinion
    4-4  issued by the commission during the preceding year, including an
    4-5  index;
    4-6              (5) <(4)>  make a report by December 31 of each
    4-7  even-numbered year to the governor and legislature that includes
    4-8  each advisory opinion issued by the commission under Section 1.29
    4-9  of this article in the preceding two years and that recommends any
   4-10  necessary statutory changes;
   4-11              (6) <(5)>  provide training by April 1 <January> of
   4-12  each odd-numbered year for appointed officers of major state
   4-13  agencies, salaried appointed officers, and executive heads as those
   4-14  terms are defined by Section 2, Chapter 421, Acts of the 63rd
   4-15  Legislature, Regular Session, 1973 (Article 6252-9b, Vernon's Texas
   4-16  Civil Statutes), for persons who are required to register under
   4-17  Chapter 305, Government Code, and for members and members-elect of
   4-18  the legislature concerning compliance with the laws administered
   4-19  and enforced by the commission;
   4-20              (7) <(6)>  provide a program of ethics training for
   4-21  state employees in cooperation with state agencies;
   4-22              (8) <(7)>  require each regulatory executive branch
   4-23  agency to develop rules limiting the acceptance of gifts or other
   4-24  benefits from persons appearing before or regulated by the agency
   4-25  that are at least as restrictive as the rules of the commission and
   4-26  provide for the submission of the rules to the commission for
   4-27  approval; and
    5-1              (9) <(8)>  assign an account number to each person
    5-2  required to file a statement or report with the commission under a
    5-3  law administered and enforced by the commission.
    5-4        (b)  The commission may:
    5-5              (1)  issue subpoenas to compel the attendance of
    5-6  witnesses and the production of documents under Section 1.14 of
    5-7  this article;
    5-8              (2)  hold hearings, on its own motion adopted by a
    5-9  record vote of at least six commission members or on a sworn
   5-10  complaint, and render decisions on complaints or reports of
   5-11  violations as provided by this article;
   5-12              (3)  agree to the settlement of issues;
   5-13              (4)  on motion adopted by a record vote of at least six
   5-14  commission members, initiate civil enforcement actions and refer
   5-15  matters to the appropriate prosecuting attorney for criminal
   5-16  prosecution;
   5-17              (5)  disseminate, through pamphlets and seminars,
   5-18  explanations and compliance guidelines concerning any law
   5-19  administered and enforced by the commission;
   5-20              (6)  develop computer software to facilitate the
   5-21  discharge of statutory duties of the commission;
   5-22              (7)  contract with persons and agencies to administer
   5-23  and carry out this article and rules, standards, and orders adopted
   5-24  under this article, but excluding any enforcement authority;
   5-25              (8)  accept gifts, grants, and donations for the
   5-26  administration of its duties; and
   5-27              (9)  adopt rules to administer this article or any law
    6-1  administered and enforced by the commission, including rules that
    6-2  define terms used in this article or those laws <provided that a
    6-3  rule must be adopted on the affirmative vote of at least six
    6-4  members of the commission>.
    6-5        SECTION 1.03.  Article 1, Chapter 304, Acts of the 72nd
    6-6  Legislature, Regular Session, 1991 (Article 6252-9d.1, Vernon's
    6-7  Texas Civil Statutes), is amended by adding Section 1.111 to read
    6-8  as follows:
    6-9        Sec. 1.111.  ETHICS TRAINING.  (a)  Not later than April 1 of
   6-10  each odd-numbered year, an appointed officer of a major state
   6-11  agency, a salaried appointed officer, and an executive head as
   6-12  those terms are defined by Section 2, Chapter 421, Acts of the 63rd
   6-13  Legislature, Regular Session, 1973 (Article 6252-9b, Vernon's Texas
   6-14  Civil Statutes), a  person who is required to register under
   6-15  Chapter 305, Government Code, a member of the legislature, and a
   6-16  member-elect of the legislature may attend the training provided by
   6-17  the commission under Section 1.11(a) of this article.
   6-18        (b)  The commission may charge a person described by
   6-19  Subsection (a) of this section a reasonable fee to attend the
   6-20  training provided by the commission under Section 1.11(a) of this
   6-21  article.
   6-22        SECTION 1.04.  Article 1, Chapter 304, Acts of the 72nd
   6-23  Legislature, Regular Session, 1991 (Article 6252-9d.1, Vernon's
   6-24  Texas Civil Statutes), is amended by adding Section 1.121 to read
   6-25  as follows:
   6-26        Sec. 1.121.  STATEMENTS AND REPORTS CONSIDERED TO BE
   6-27  VERIFIED.  (a)  A statement or report that is filed with the
    7-1  commission is considered to be under oath by the person required to
    7-2  file the statement or report regardless of the absence of or defect
    7-3  in the affidavit of verification, excluding a signature.
    7-4        (b)  A person required to file a statement or report with the
    7-5  commission is subject to prosecution under Chapter 37, Penal Code,
    7-6  regardless of the absence of or defect in the affidavit of
    7-7  verification.
    7-8        (c)  This section applies to a statement or report that is
    7-9  filed with the commission electronically or otherwise.
   7-10        SECTION 1.05.  Section 1.21, Chapter 304, Acts of the 72nd
   7-11  Legislature, Regular Session, 1991 (Article 6252-9d.1, Vernon's
   7-12  Texas Civil Statutes), is amended to read as follows:
   7-13        Sec. 1.21.  Confidentiality; offense.  (a)  Except as
   7-14  provided by Subsection (c) of this section, proceedings at a
   7-15  preliminary review or informal hearing performed by the commission,
   7-16  a sworn complaint, and documents relating to and any additional
   7-17  evidence relating to the processing, preliminary review, informal
   7-18  hearing, or resolution of a sworn complaint or motion <are
   7-19  confidential and> may not be disclosed by the commission or a
   7-20  person employed by the commission unless entered into the record of
   7-21  a formal hearing or a judicial proceeding, except that a document
   7-22  or statement that was previously public information remains public
   7-23  information.
   7-24        (b)  Except as provided by Subsection (c) of this section,
   7-25  the open records law, Chapter 424, Acts of the 63rd Legislature,
   7-26  Regular Session, 1973 (Article 6252-17a, Vernon's Texas Civil
   7-27  Statutes), does not apply to documents or any additional evidence
    8-1  relating to the processing, preliminary review, informal hearing,
    8-2  or resolution of sworn complaints or motions.  The open meetings
    8-3  law, Chapter 271, Acts of the 60th Legislature, Regular Session,
    8-4  1967 (Article 6252-17, Vernon's Texas Civil Statutes), does not
    8-5  apply to the processing, preliminary review, informal hearing, or
    8-6  resolution of sworn complaints or motions.
    8-7        (c)  An order issued by the commission after the completion
    8-8  of a preliminary review or an informal hearing determining that a
    8-9  violation <other than a technical violation or de minimis> has
   8-10  occurred is not confidential.
   8-11        (d)  A person commits an offense if the person discloses
   8-12  information made confidential by this section.  An offense under
   8-13  this subsection is a Class A misdemeanor.
   8-14        (e)  In addition to other penalties, a person who <files a
   8-15  frivolous complaint or> discloses information in violation of <made
   8-16  confidential by> this section is civilly liable to the respondent
   8-17  in an amount equal to the greater of $10,000 or the amount of
   8-18  actual damages incurred by the respondent, including court costs
   8-19  and attorney fees.
   8-20        SECTION 1.06.  Sections 1.28(a) and (b), Chapter 304, Acts of
   8-21  the 72nd Legislature, Regular Session, 1991 (Article 6252-9d.1,
   8-22  Vernon's Texas Civil Statutes), are amended to read as follows:
   8-23        (a)  The commission may:
   8-24              (1)  impose a civil penalty of not more than $5,000, or
   8-25  triple the amount at issue under a law administered and enforced by
   8-26  the commission, whichever amount is greater, for a delay in
   8-27  complying with a commission order or for a violation of a law
    9-1  administered and enforced by the commission;
    9-2              (2)  impose a civil penalty of not more than $5,000
    9-3  <$10,000> for the filing of a frivolous or bad-faith complaint;
    9-4              (3)  following a criminal conviction for an offense
    9-5  under Chapter 36, Penal Code, or Chapter 305, Government Code,
    9-6  deny, suspend, or revoke the registration of a person required to
    9-7  be registered under Chapter 305, Government Code;
    9-8              (4)  notify the appropriate regulatory or supervisory
    9-9  entity, including any agency, the State Commission on Judicial
   9-10  Conduct, the senate, the house of representatives, or the State Bar
   9-11  of Texas, of a violation of a law administered and enforced by the
   9-12  commission;
   9-13              (5)  issue and enforce cease and desist orders to stop
   9-14  violations; and
   9-15              (6)  issue affirmative orders to require compliance
   9-16  with the laws administered and enforced by the commission.
   9-17        (b)  In this section, "frivolous complaint" means a complaint
   9-18  that is groundless and brought in bad faith or is groundless and
   9-19  brought for the purpose of harassment.  In determining what
   9-20  constitutes a frivolous complaint, the commission shall be guided
   9-21  by Rule 13, Texas Rules of Civil Procedure, and interpretations of
   9-22  that rule.
   9-23        SECTION 1.07.  Section 1.31(a), Chapter 304, Acts of the 72nd
   9-24  Legislature, Regular Session, 1991 (Article 6252-9d.1, Vernon's
   9-25  Texas Civil Statutes), is amended to read as follows:
   9-26        (a)  A member of the commission who is the subject of a
   9-27  formal investigation by the commission, of a sworn complaint filed
   10-1  with the commission <or a motion>, or of a motion by record vote of
   10-2  at least six members of the commission may not participate in that
   10-3  member's official capacity in commission proceedings relating to
   10-4  the investigation, complaint, or motion.
   10-5        SECTION 1.08.  Section 1.26, Chapter 304, Acts of the 72nd
   10-6  Legislature, Regular Session, 1991 (Article 6252-9d.1, Vernon's
   10-7  Texas Civil Statutes), is repealed.
   10-8                               ARTICLE 2
   10-9        SECTION 2.01.  Section 305.0011(e), Government Code,  is
  10-10  amended to read as follows:
  10-11        (e)  The commission may adopt rules for the implementation of
  10-12  this section consistent with this chapter, the Texas Disciplinary
  10-13  Rules of Professional Conduct <Code of Professional
  10-14  Responsibility>, and the common law of agency.
  10-15        SECTION 2.02.  Section 305.002(2), Government Code, is
  10-16  amended to read as follows:
  10-17              (2)  "Communicates directly with" or any variation of
  10-18  the phrase means actual contact in person or by telephone,
  10-19  telegraph, or letter.  The term does not include activities in
  10-20  preparation for that contact that do not involve actual contact.
  10-21        SECTION 2.03.  Section 305.003, Government Code, is amended
  10-22  to read as follows:
  10-23        Sec. 305.003.  PERSONS REQUIRED TO REGISTER.  (a)  A person
  10-24  must register with the commission under this chapter if the person:
  10-25              (1)  makes a total expenditure of an amount determined
  10-26  by commission rule but not less than $500 <$200> in a calendar
  10-27  quarter, not including the person's own travel, food, or lodging
   11-1  expenses or the person's own membership dues, on activities
   11-2  described in Section 305.006(b) to communicate directly with one or
   11-3  more members of the legislative or executive branch to influence
   11-4  legislation or administrative action; and <or>
   11-5              (2)  receives compensation or reimbursement, not
   11-6  including reimbursement for the person's own travel, food, or
   11-7  lodging expenses or the person's own membership dues, of more than
   11-8  an amount determined by commission rule but not less than $500
   11-9  <$200> in a calendar quarter from another person to communicate
  11-10  directly with a member of the legislative or executive branch to
  11-11  influence legislation or administrative action.
  11-12        (b)  Notwithstanding Subsection (a), a person must register
  11-13  with the commission under this chapter if the person receives
  11-14  compensation or reimbursement, not including reimbursement for the
  11-15  person's own travel, food, or lodging expenses or the person's own
  11-16  membership dues, of more than $5,000 in a year from another person
  11-17  for the purpose of communicating directly with a member of the
  11-18  legislative branch to influence legislation.  A person does not
  11-19  communicate directly to influence legislation if the person
  11-20  inquires about legislation or responds to inquiries about
  11-21  legislation but does not advocate a particular position.
  11-22        (c)  Notwithstanding Subsection (a), a person must register
  11-23  with the commission under this chapter if the person receives
  11-24  compensation or reimbursement, not including reimbursement for the
  11-25  person's own travel, food, or lodging expenses or the person's own
  11-26  membership dues, of more than $25,000 in a year from another person
  11-27  for the purpose of communicating directly with a member of the
   12-1  executive branch to influence administrative action.  A person does
   12-2  not communicate directly to influence administrative action if the
   12-3  person inquires about administrative action or responds to
   12-4  inquiries about administrative action but does not advocate a
   12-5  particular position.
   12-6        (d)  Notwithstanding Subsection (a), a person must register
   12-7  with the commission under this chapter if the person makes a total
   12-8  expenditure of more than $1,250 in a calendar quarter, not
   12-9  including the person's own travel, food, or lodging expenses or the
  12-10  person's own membership dues, on activities described in Section
  12-11  305.006(b) to communicate directly with a member of the legislative
  12-12  or executive branch to influence legislation or administrative
  12-13  action.  A person does not communicate directly to influence
  12-14  legislation or administrative action if the person inquires about
  12-15  legislation or administrative action or responds to inquiries about
  12-16  legislation or administrative action but does not advocate a
  12-17  particular position.
  12-18        (e)  Subsection (a)(2) requires a person to register if the
  12-19  person, as part of his regular employment, has communicated
  12-20  directly with a member of the legislative or executive branch to
  12-21  influence legislation or administrative action on behalf of the
  12-22  person by whom he is compensated or reimbursed, whether or not the
  12-23  person receives any compensation for the communication in addition
  12-24  to the salary for that regular employment.  However, Subsection
  12-25  (a)(2), (b), or (c) does not require a member of the judicial,
  12-26  legislative, or executive branch of state government or an officer
  12-27  or employee of a political subdivision of the state to register.
   13-1        (f) <(c)>  A person who communicates directly with a member
   13-2  of the executive branch to influence administrative action is not
   13-3  required to register under Subsection (c) <(a)(2)> if the person is
   13-4  an attorney of record or pro se, the person enters his appearance
   13-5  in a public record through pleadings or other written documents in
   13-6  a docketed case pending before a state agency, and that
   13-7  communication is the only activity that would otherwise require the
   13-8  person to register.
   13-9        SECTION 2.04.  Section 305.004, Government Code, is amended
  13-10  to read as follows:
  13-11        Sec. 305.004.  Exceptions.  The following persons are not
  13-12  required to register under this chapter:
  13-13              (1)  a person who owns, publishes, or is employed by a
  13-14  newspaper, any other regularly published periodical, a radio
  13-15  station, a television station, a wire service, or any other bona
  13-16  fide news medium that in the ordinary course of business
  13-17  disseminates news, letters to the editors, editorial or other
  13-18  comment, or paid advertisements that directly or indirectly oppose
  13-19  or promote legislation or administrative action, if the person does
  13-20  not engage in further or other activities that require registration
  13-21  under this chapter and does not represent another person in
  13-22  connection with influencing legislation or administrative action;
  13-23              (2)  a person whose only direct communication with a
  13-24  member of the legislative or executive branch to influence
  13-25  legislation or administrative action is an appearance before or
  13-26  testimony to one or more members of the legislative or executive
  13-27  branch in a hearing conducted by or on behalf of either the
   14-1  legislative or the executive branch and whose only <who does not
   14-2  receive special or extra> compensation for the appearance is either
   14-3  the person's regular salary or routine hourly rate, as applicable,
   14-4  and <other than> actual expenses incurred in attending the hearing,
   14-5  if any;
   14-6              (3)  a person whose only activity is to encourage or
   14-7  solicit members, employees, or stockholders of an entity by whom
   14-8  the person is reimbursed, employed, or retained to communicate
   14-9  directly with members of the legislative or executive branch to
  14-10  influence legislation or administrative action;
  14-11              (4)  a person whose only activity to influence
  14-12  legislation or administrative action is to compensate or reimburse
  14-13  an individual registrant to act in the person's behalf to
  14-14  communicate directly with a member of the legislative or executive
  14-15  branch to influence legislation or administrative action;
  14-16              (5)  a person whose only activity to influence
  14-17  legislation or administrative action is attendance at a meeting or
  14-18  entertainment event attended by a member of the legislative or
  14-19  executive branch if the total cost of the meeting or entertainment
  14-20  event is paid by a business entity, union, or association;
  14-21              (6)  a person whose only compensation subject to
  14-22  Section 305.003(a)(2) consists of reimbursement for any wages not
  14-23  earned due to attendance at a meeting or entertainment event,
  14-24  travel to and from the meeting or entertainment event, admission to
  14-25  the meeting or entertainment event, and any food and beverage
  14-26  consumed at the meeting or entertainment event if the meeting or
  14-27  entertainment event is attended by a member of the legislative or
   15-1  executive branch and if the total cost of the meeting or
   15-2  entertainment event is paid by a business entity, union, or
   15-3  association; and
   15-4              (7)  a person who communicates directly with a member
   15-5  of the legislative or executive branch on behalf of a political
   15-6  party concerning legislation or administrative action, and whose
   15-7  expenditures and compensation, as described in Section 305.003,
   15-8  combined do not exceed $5,000 a calendar year.
   15-9        SECTION 2.05.  Subchapter A, Chapter 305, Government Code, is
  15-10  amended by adding Section 305.0041 to read as follows:
  15-11        Sec. 305.0041.  REGISTRATION EXCEPTION FOR CERTAIN ENTITIES.
  15-12  A corporation, association, firm, partnership, committee, club,
  15-13  organization, or group of persons voluntarily acting in concert is
  15-14  not required to register under this chapter if a registrant whom
  15-15  the entity reimburses, retains, or employs reports expenditures
  15-16  attributable to the entity that are required to be reported under
  15-17  Section 305.006.  A registrant who is present at the time of an
  15-18  expenditure by the entity in order to satisfy the presence
  15-19  requirements of Section 305.024(a)(7) shall report those
  15-20  expenditures on behalf of the entity.
  15-21        SECTION 2.06.  Sections 305.005(c), (f), and (g), Government
  15-22  Code, are amended to read as follows:
  15-23        (c)  The registration fee and registration renewal fee are:
  15-24              (1)  $100 for a registrant employed by an organization
  15-25  or organizations exempt from federal income tax under Section
  15-26  501(c)(3) or 501(c)(4), Internal Revenue Code of 1986, and not
  15-27  employed by any other person or type of organization for purposes
   16-1  regulated under this chapter; or
   16-2              (2)  $500 <$300> for any other registrant.
   16-3        (f)  The registration must be written and verified and must
   16-4  contain:
   16-5              (1)  the registrant's full name and address;
   16-6              (2)  the registrant's normal business, business phone
   16-7  number, and business address;
   16-8              (3)  the full name and address of each person:
   16-9                    (A)  who reimburses, retains, or employs the
  16-10  registrant to communicate directly with a member of the legislative
  16-11  or executive branch to influence legislation or administrative
  16-12  action; and
  16-13                    (B)  on whose behalf the registrant has
  16-14  communicated directly with a member of the legislative or executive
  16-15  branch to influence legislation or administrative action;
  16-16              (4)  the subject matter and, if applicable, the bill
  16-17  number, docket number, or other legislative or administrative
  16-18  designation of the legislation or administrative action that is the
  16-19  subject of the registrant's direct communication with a member of
  16-20  the legislative or executive branch;
  16-21              (5)  for each person employed or retained by the
  16-22  registrant for the purpose of assisting in direct communication
  16-23  with a member of the legislative or executive branch to influence
  16-24  legislation or administrative action:
  16-25                    (A)  the full name, business address, occupation,
  16-26  and date of employment or retention of the person by the
  16-27  registrant; and
   17-1                    (B)  the subject matter and, if applicable, the
   17-2  bill number, docket number, or other administrative designation of
   17-3  the legislation or administrative action to which the person's
   17-4  activities reportable under this section were related; and
   17-5              (6)  the amount of compensation or reimbursement either
   17-6  paid or to be paid by each person who reimburses, retains, or
   17-7  employs the registrant for the purpose of communicating directly
   17-8  with a member of the legislative or executive branch or on whose
   17-9  behalf the registrant communicates directly with a member of the
  17-10  legislative or executive branch, and if the registrant elects to
  17-11  report the compensation or reimbursement to be paid, the period of
  17-12  time  that the compensation or reimbursement represents.
  17-13        (g)  Compensation or reimbursement required to be reported
  17-14  under Subsection (f)(6) shall be reported in the following
  17-15  categories unless reported as an exact amount:
  17-16              (1)  less than $5,000;
  17-17              (2)  at least $5,000 but less than $10,000;
  17-18              (3) <(2)>  at least $10,000 but less than $25,000;
  17-19              (4) <(3)>  at least $25,000 but less than $50,000;
  17-20              (5) <(4)>  at least $50,000 but less than $100,000;
  17-21              (6) <(5)>  at least $100,000 but less than $150,000;
  17-22              (7) <(6)>  at least $150,000 but less than $200,000;
  17-23  and
  17-24              (8) <(7)>  $200,000 or more.
  17-25        SECTION 2.07.  Section 305.006, Government Code, is amended
  17-26  by adding Subsection (g) to read as follows:
  17-27        (g)  A registrant is not required to report under this
   18-1  chapter an expenditure for the registrant's own  expenses made to
   18-2  communicate directly with a member of the legislative or executive
   18-3  branch if the registrant makes no expenditures in connection with
   18-4  that occasion for the member's expenses.
   18-5        SECTION 2.08.  Section 305.0062(a), Government Code, is
   18-6  amended to read as follows:
   18-7        (a)  The report filed under Section 305.006 must also contain
   18-8  the total expenditures described by Section 305.006(b) that are
   18-9  directly attributable to persons in the following categories
  18-10  <members of the legislative or executive branch and those that are
  18-11  directly attributable to the registrant>.  The expenditures must be
  18-12  stated in only one of the following categories:
  18-13              (1)  state senators;
  18-14              (2)  state representatives;
  18-15              (3)  elected or appointed state officers, other than
  18-16  those described by Subdivision (1) or (2);
  18-17              (4)  legislative agency employees;
  18-18              (5)  executive agency employees;
  18-19              (6)  the immediate family of a member of the
  18-20  legislative or executive branch;
  18-21              (7)  the registrant; or <and>
  18-22              (8)  events to which all legislators are invited.
  18-23        SECTION 2.09.  Subchapter A, Chapter 305, Government Code, is
  18-24  amended by adding Section 305.0064 to read as follows:
  18-25        Sec. 305.0064.  AMENDMENT OF SUBSTANTIALLY COMPLETE AND
  18-26  CORRECT DOCUMENT.  A person required to file a registration,
  18-27  report, or other disclosure document under this chapter may, in the
   19-1  commission's discretion, amend the document within a reasonable
   19-2  time without incurring a penalty if the document originally filed
   19-3  was substantially complete and correct and not misleading.
   19-4        SECTION 2.10.  Subchapter A, Chapter 305, Government Code, is
   19-5  amended by adding Section 305.012 to read as follows:
   19-6        Sec. 305.012.  AFFIDAVIT.  (a)  Each registration, report, or
   19-7  termination notice filed under this chapter must be accompanied by
   19-8  an affidavit executed by the person required to file the
   19-9  registration, report, or termination notice.
  19-10        (b)  The affidavit must contain the statement:  "I swear, or
  19-11  affirm, that the accompanying document is true and correct to the
  19-12  best of my knowledge and includes all information required to be
  19-13  reported by me under Chapter 305, Government Code."
  19-14        (c)  A registration, report, or termination notice filed
  19-15  under this chapter without an affidavit of verification, or filed
  19-16  with a defective affidavit, is covered by Section 1.121, Chapter
  19-17  304, Acts of the 72nd Legislature, Regular Session, 1991 (Article
  19-18  6252-9d.1, Vernon's Texas Civil Statutes).
  19-19        SECTION 2.11.  Section 305.007, Government Code, is amended
  19-20  by amending Subsection (a) and adding Subsections (c) and (d) to
  19-21  read as follows:
  19-22        (a)  Except as otherwise provided by this section, the <The>
  19-23  registrant must file the report required by Section 305.006 between
  19-24  the 1st and 10th day of each month.  The report must cover the
  19-25  activities occurring during the previous month.
  19-26        (c)  A registrant may elect to report an expenditure on the
  19-27  report that covers the reporting period in which:
   20-1              (1)  the expenditure is made; or
   20-2              (2)  the bill for the expenditure is received, if the
   20-3  character of the expenditure is such that under normal business
   20-4  practice the amount of the expenditure or a reasonable estimate of
   20-5  the expenditure is not disclosed until the bill is received.
   20-6        (d)  Notwithstanding Subsection (c), a registrant who elects
   20-7  to report under Subsection (c)(2) shall report the expenditure not
   20-8  later than the 60th day after the date on which the expenditure is
   20-9  made.
  20-10        SECTION 2.12.  Section 305.025, Government Code, is amended
  20-11  to read as follows:
  20-12        Sec. 305.025.  Exceptions.  Section 305.024 does not
  20-13  prohibit:
  20-14              (1)  a loan in the due course of business from a
  20-15  corporation or other business entity that is legally engaged in the
  20-16  business of lending money and that has conducted that business
  20-17  continuously for more than one year before the loan is made;
  20-18              (2)  a loan or guarantee of a loan or a gift made or
  20-19  given by a person related within the second degree by affinity or
  20-20  consanguinity to the member of the legislative or executive branch;
  20-21              (3)  necessary expenditures for transportation and
  20-22  lodging when the purpose of the travel is to explore matters
  20-23  directly related to the duties of a member of the legislative or
  20-24  executive branch, such as fact-finding trips, but not including
  20-25  attendance at merely ceremonial events or pleasure trips;
  20-26              (4)  necessary expenditures for transportation and
  20-27  lodging provided in connection with a conference, seminar,
   21-1  educational program, or similar event in which the member renders
   21-2  services, such as addressing an audience or engaging in a seminar,
   21-3  to the extent that those services are more than merely perfunctory;
   21-4              (5)  expenditures for transportation or lodging for a
   21-5  member of the legislative or executive branch, or for an immediate
   21-6  family member's transportation and lodging, that are reimbursed by
   21-7  the member of the legislative or executive branch; or
   21-8              (6) <(5)>  a political contribution as defined by
   21-9  Section 251.001, Election Code.
  21-10        SECTION 2.13.  Section 305.027(a), Government Code, is
  21-11  amended to read as follows:
  21-12        (a)  A person commits an offense if the person knowingly
  21-13  enters into a contract or other agreement to print, publish, or
  21-14  broadcast legislative advertising that does not indicate in the
  21-15  advertising:
  21-16              (1)  that it is legislative advertising;
  21-17              (2)  the full name of the individual who personally
  21-18  entered into the contract or agreement with the printer, publisher,
  21-19  or broadcaster and the name of the person, if any, that the
  21-20  individual represents; <and>
  21-21              (3)  in the case of advertising that is printed or
  21-22  published, the address of the individual who personally entered
  21-23  into the agreement with the printer or publisher and the address of
  21-24  the person, if any, that the individual represents; and
  21-25              (4)  the name of the person who will ultimately pay for
  21-26  the legislative advertising if different than the name of the
  21-27  individual who personally entered into the contract or agreement.
   22-1        SECTION 2.14.  Section 305.031(a), Government Code, is
   22-2  amended to read as follows:
   22-3        (a)  A person commits an offense if the person intentionally
   22-4  or knowingly violates a provision of this chapter other than
   22-5  Section 305.0011 or 305.022.  An offense under this subsection is a
   22-6  Class A misdemeanor.
   22-7        SECTION 2.15.  Section 305.033(a), Government Code, is
   22-8  amended to read as follows:
   22-9        (a)  The commission shall determine from any available
  22-10  evidence whether a registration or report required to be filed with
  22-11  the commission under this chapter is late.  A registration filed
  22-12  without the fee required by Section 305.005 is considered to be
  22-13  late.  On making a determination that a required registration or
  22-14  report is late, the commission shall immediately mail a notice of
  22-15  the determination to the person responsible for the filing<, to the
  22-16  commission,> and to the appropriate attorney for the state.
  22-17        SECTION 2.16.  The change in law made by this article to the
  22-18  information required to be included in a report filed under Chapter
  22-19  305, Government Code, applies only to a report filed on or after
  22-20  October 1, 1993.
  22-21        SECTION 2.17.  The change in law made to Section 305.027(a),
  22-22  Government Code, by this Act applies only to a contract or other
  22-23  agreement entered into on or after September 1, 1993.  An offense
  22-24  committed before that date is covered by the law in effect on the
  22-25  date the offense occurred, and that law is continued in effect for
  22-26  this purpose.
  22-27        SECTION 2.18.  Chapter 12, Acts of the 55th Legislature, 1st
   23-1  Called Session, 1957 (Article 6252-23, Vernon's Texas Civil
   23-2  Statutes), is amended to read as follows:
   23-3        Sec. 1.  Definitions.  In this Act, unless the context
   23-4  otherwise requires:
   23-5              (1)  "State <(a)  "state> agency" means any office,
   23-6  department, commission, or board of the executive department of
   23-7  government.
   23-8              (2)  "Person"<;>
   23-9        <(b)  "person"> means any individual, including a member of
  23-10  the Legislature, legislative employee, state officer, or state
  23-11  employee.
  23-12              (3)  "Commission" means the Texas Ethics Commission.
  23-13        Sec. 2.  Registration.  (a)  Except as herein provided, every
  23-14  person appearing before a state agency or contacting in person any
  23-15  officer or employee thereof on behalf of any other person, firm,
  23-16  partnership, corporation, or association in relation to any case,
  23-17  proceeding, application, or other matter before such agency, shall
  23-18  register in an appropriate record, which shall be maintained by the
  23-19  agency for such purpose, the following information:
  23-20              (1) <(a)>  the name and address of the registrant;
  23-21              (2) <(b)>  the name and address of the person, firm,
  23-22  partnership, corporation, or association on whose behalf the
  23-23  appearance or contact is made; and
  23-24              (3) <(c)>  a statement as to whether or not the
  23-25  registrant has received or expects to receive any money, thing of
  23-26  value, or financial benefit in return for the services rendered in
  23-27  making the appearance or contact.
   24-1        (b)  This Act shall not apply to:
   24-2              (1)  officers or employees of a state agency when
   24-3  appearing before or contacting officers or employees of another
   24-4  state agency on official inter-agency matters; or
   24-5              (2)  a member of the Legislature or legislative
   24-6  employee when appearing before or contacting officers or employees
   24-7  of a state agency in the person's capacity as a member of the
   24-8  Legislature or legislative employee.
   24-9        Sec. 3.  Reporting and filing of registrations.  Each state
  24-10  agency shall file a report with the commission <Secretary of State>
  24-11  between the first and tenth of each <the> month <following the
  24-12  close of each calendar quarter>.  The report shall set forth the
  24-13  names of persons registering with the agency during the preceding
  24-14  month <quarter>, together with the detailed information specified
  24-15  in Section 2 of this Act.  Such reports, which shall be considered
  24-16  public records of this state and open to public inspection, shall
  24-17  be appropriately indexed and kept on file in the office of the
  24-18  commission <Secretary of State> for a period of four <(4)> years
  24-19  from the date of filing.
  24-20        Sec. 3A.  Persons not required to register.  No person shall
  24-21  be required to register if:
  24-22              (1) <(a)>  the contact with a state agency or its
  24-23  officers or employees is solely for the purpose of obtaining
  24-24  information, and no attempt is made to influence the action of any
  24-25  officer or employee of such agency; or
  24-26              (2) <(b)  the contact consists in participating in a
  24-27  public hearing, at which such person enters his appearance at such
   25-1  hearing;>
   25-2        <(c)  the contact is made in connection with any matter where
   25-3  pleadings or instruments disclosing such person's representation is
   25-4  on file with the agency;>
   25-5        <(d)>  the contact is one for which such person receives no
   25-6  fee, payment, compensation or any thing of value.
   25-7        Sec. 3B.  FORMS.  The commission by rule shall prescribe
   25-8  forms that must be used for registering and reporting under this
   25-9  Act.
  25-10        Sec. 4.  Penalty.  Any person who fails to register as
  25-11  required by Section 2 of this Act shall be guilty of a misdemeanor,
  25-12  and upon conviction thereof shall be subject to a fine not
  25-13  exceeding Five Hundred Dollars ($500) or by imprisonment in the
  25-14  county jail not exceeding six (6) months, or by both such fine and
  25-15  imprisonment.
  25-16                               ARTICLE 3
  25-17        SECTION 3.01.  Section 3(a), Chapter 421, Acts of the 63rd
  25-18  Legislature, Regular Session, 1973 (Article 6252-9b, Vernon's Texas
  25-19  Civil Statutes), is amended to read as follows:
  25-20        (a)  On or before April 30th of each year, every elected
  25-21  <state> officer, salaried appointed officer, appointed officer of a
  25-22  major state agency, executive head of a state agency, and <every>
  25-23  party chairman shall file with the commission a financial statement
  25-24  complying with the requirements of Section 4 of this Act.
  25-25        SECTION 3.02.  Sections 4(c) and (d), Chapter 421, Acts of
  25-26  the 63rd Legislature, Regular Session, 1973 (Article 6252-9b,
  25-27  Vernon's Texas Civil Statutes), are amended to read as follows:
   26-1        (c)  The account of financial activity referred to in
   26-2  Subsection (a) of this section shall consist of:
   26-3              (1)  a list of all sources of occupational income,
   26-4  identified by employer, or if self-employed, by the nature of the
   26-5  occupation, including identification of any person, business
   26-6  entity, or other organization from whom the person or a business in
   26-7  which he has a substantial interest received a fee as a retainer
   26-8  for a claim on future services in case of need (as opposed to a fee
   26-9  for services on a matter specified at the time of contracting for
  26-10  or receiving the fee), whenever professional or occupational
  26-11  services were not actually performed during the reporting period
  26-12  commensurate to or in excess of the amount of the retainer, and the
  26-13  category of the amount of the fee;
  26-14              (2)  identification by name and category of number of
  26-15  shares of stock of any business entity held or acquired, and if
  26-16  sold the category of the amount of net gain or loss realized from
  26-17  such sale;
  26-18              (3)  a list of all bonds, notes, and other commercial
  26-19  paper held or acquired, and if sold the category of the amount of
  26-20  net gain or loss realized from such sale;
  26-21              (4)  identification of each source and the category of
  26-22  the amount of income in excess of $500 derived per source from
  26-23  interest, dividends, royalties, and rents;
  26-24              (5)  identification of each guarantor of a loan and
  26-25  identification of each person or financial institution to whom a
  26-26  personal note or notes or lease agreement for a total financial
  26-27  liability in excess of $1,000 existed at any time during the year,
   27-1  and the category of the amount of the liability;
   27-2              (6)  identification by description of all beneficial
   27-3  interests in real property and business entities held or acquired,
   27-4  and if sold the category of the amount of the net gain or loss
   27-5  realized from such sale;
   27-6              (7)  identification of any person, business entity, or
   27-7  other organization from whom the person or his spouse or dependent
   27-8  children received a gift of anything of value in excess of $250 in
   27-9  value and a description of each gift, except:
  27-10                    (A)  gifts received from persons related to the
  27-11  person at any time within the second degree of consanguinity or
  27-12  affinity, as determined under Article 5996h, Revised Statutes;
  27-13                    (B)  political contributions that were reported
  27-14  as required by law; and
  27-15                    (C)  expenditures required to be reported by a
  27-16  person required to be registered under Chapter 305, Government
  27-17  Code;
  27-18              (8)  identification of the source and the category of
  27-19  the amount of all income received as beneficiary of a trust and
  27-20  identification of each asset, if known to the beneficiary, from
  27-21  which income was received by the beneficiary in excess of $500;
  27-22              (9)  identification by description and category of the
  27-23  amount of all assets and liabilities of any corporation or
  27-24  partnership in which 50 percent or more of the outstanding
  27-25  ownership was held, acquired, or sold;
  27-26              (10)  a list of all boards of directors of which the
  27-27  person is a member and executive positions which the person holds
   28-1  in corporations, firms, partnerships, and proprietorships, stating
   28-2  the name of each corporation, firm, partnership, or proprietorship
   28-3  and the position held;
   28-4              (11)  identification of any person providing
   28-5  transportation, meals, or lodging expenses permitted under Section
   28-6  36.07(b), Penal Code, and the amount of those expenses, other than
   28-7  expenditures required to be reported under Chapter 305, Government
   28-8  Code; and
   28-9              (12)  any partnership, joint venture, or other business
  28-10  association, excluding a publicly held or traded business entity
  28-11  <corporation>, in which both the state officer and a person
  28-12  registered under Chapter 305, Government Code, have an interest.
  28-13        (d)  The financial statement shall be verified.  However, a
  28-14  statement filed without an affidavit of verification, or filed with
  28-15  a defective affidavit, is covered by Section 1.121, Chapter 304,
  28-16  Acts of the 72nd Legislature, Regular Session, 1991 (Article
  28-17  6252-9d.1, Vernon's Texas Civil Statutes).
  28-18        SECTION 3.03.  Section 7C, Chapter 421, Acts of the 63rd
  28-19  Legislature, Regular Session, 1973 (Article 6252-9b, Vernon's Texas
  28-20  Civil Statutes), is amended to read as follows:
  28-21        Sec. 7C.  Contracts with governmental entities.  (a)  A state
  28-22  officer may not solicit or accept <from the state, a political
  28-23  subdivision of the state, or a governmental entity created under
  28-24  the constitution or laws of the state> a commission, fee, bonus,
  28-25  retainer, or rebate that is compensation for the officer's personal
  28-26  solicitation for the award of a contract for services or sale of
  28-27  goods to the state, a political subdivision of the state, or a
   29-1  governmental entity created under the constitution or laws of the
   29-2  state.
   29-3        (b)  This section does not apply to:
   29-4              (1)<, excluding> contracts that are awarded by
   29-5  competitive bid as provided by law and that are not otherwise
   29-6  prohibited by law; and
   29-7              (2)  all court appointments.
   29-8        (c) <(b)>  A state officer who violates this section commits
   29-9  an offense.  An offense under this section is a Class A
  29-10  misdemeanor.
  29-11        SECTION 3.04.  Chapter 421, Acts of the 63rd Legislature,
  29-12  Regular Session, 1973 (Article 6252-9b, Vernon's Texas Civil
  29-13  Statutes), is amended by adding Section 12C to read as follows:
  29-14        Sec. 12C.  AMENDMENT OF SUBSTANTIALLY COMPLETE AND CORRECT
  29-15  DOCUMENT.  A person required to file a financial statement or other
  29-16  disclosure document under this Act may, in the commission's
  29-17  discretion, amend the document within a reasonable time without
  29-18  incurring a penalty if the document originally filed was
  29-19  substantially complete and correct and not misleading.
  29-20        SECTION 3.05.  Sections 159.001 and 159.031, Local Government
  29-21  Code, are repealed.
  29-22                               ARTICLE 4
  29-23        SECTION 4.01.  Sections 36.02(a) and (d), Penal Code, are
  29-24  amended to read as follows:
  29-25        (a)  A person commits an offense if he intentionally or
  29-26  knowingly offers, confers, or agrees to confer on another, or
  29-27  solicits, accepts, or agrees to accept from another:
   30-1              (1)  any benefit as consideration for the recipient's
   30-2  decision, opinion, recommendation, vote, or other exercise of
   30-3  discretion as a public servant, party official, or voter;
   30-4              (2)  any benefit as consideration for the recipient's
   30-5  decision, vote, recommendation, or other exercise of official
   30-6  discretion in a judicial or administrative proceeding;
   30-7              (3)  any benefit as consideration for a violation of a
   30-8  duty imposed by law on a public servant or party official; or
   30-9              (4)  any benefit that is a political contribution as
  30-10  defined by Title 15, Election Code, or that is an expenditure made
  30-11  and reported in accordance with Chapter 305, Government Code, if
  30-12  the benefit was offered, conferred, solicited, accepted, or agreed
  30-13  to pursuant to an express agreement to take or withhold a specific
  30-14  exercise of official discretion if such exercise of official
  30-15  discretion would not have been taken or withheld but for the
  30-16  benefit; notwithstanding any rule of evidence or jury instruction
  30-17  allowing factual inferences in the absence of certain evidence,
  30-18  direct evidence of the express agreement shall be required in any
  30-19  prosecution under this subdivision.
  30-20        (d)  It is an exception to the application of Subdivisions
  30-21  (1), (2), and (3) of Subsection (a) of this section that the
  30-22  benefit is a political contribution <accepted> as defined by Title
  30-23  15, Election Code, or an expenditure made and reported in
  30-24  accordance with Chapter 305, Government Code.
  30-25        SECTION 4.02.  Section 36.07(b), Penal Code, is amended to
  30-26  read as follows:
  30-27        (b)  This section does not prohibit a public servant from
   31-1  accepting transportation and lodging expenses <permitted under
   31-2  Section 305.025(b)(2), Government Code,> in connection with a
   31-3  conference or similar event in which the public servant renders
   31-4  services, such as addressing an audience or engaging in a seminar,
   31-5  to the extent that those services are more than merely perfunctory,
   31-6  or from accepting meals in connection with such an event.
   31-7        SECTION 4.03.  Section 36.08, Penal Code, is amended by
   31-8  adding Subsection (i) to read as follows:
   31-9        (i)  A public servant who receives an unsolicited benefit
  31-10  that the public servant is prohibited from accepting under this
  31-11  section may donate the benefit to a governmental entity that has
  31-12  the authority to accept the gift or may donate the benefit to a
  31-13  recognized tax-exempt charitable organization formed for
  31-14  educational, religious, or scientific purposes.
  31-15        SECTION 4.04.  Section 36.10(a), Penal Code, is amended to
  31-16  read as follows:
  31-17        (a)  Sections 36.08 (Gift to Public Servant) and 36.09
  31-18  (Offering Gift to Public Servant) of this code do not apply to:
  31-19              (1)  a fee prescribed by law to be received by a public
  31-20  servant or any other benefit to which the public servant is
  31-21  lawfully entitled or for which he gives legitimate consideration in
  31-22  a capacity other than as a public servant;
  31-23              (2)  a gift or other benefit conferred on account of
  31-24  kinship or a personal, professional, or business relationship
  31-25  independent of the official status of the recipient; or
  31-26              (3)  a benefit to a public servant required to file a
  31-27  statement under Chapter 421, Acts of the 63rd Legislature, Regular
   32-1  Session, 1973 (Article 6252-9b, Vernon's Texas Civil Statutes), or
   32-2  a report under Title 15, Election Code, that is derived from a
   32-3  function in honor or appreciation of the recipient if:
   32-4                    (A)  the benefit and the source of any benefit in
   32-5  excess of $50 is reported in the statement; and
   32-6                    (B)  the benefit is used solely to defray the
   32-7  expenses that accrue in the performance of duties or activities in
   32-8  connection with the office which are nonreimbursable by the state
   32-9  or political subdivision;
  32-10              (4)  a political contribution as defined by Title 15,
  32-11  Election Code; <or>
  32-12              (5)  a gift, award, or memento to a member of the
  32-13  legislative or executive branch that is required to be reported
  32-14  under Chapter 305, Government Code;
  32-15              (6)  an item with a value of less than $50, excluding
  32-16  cash or a negotiable instrument as described by Section 3.104,
  32-17  Business & Commerce Code; or
  32-18              (7)  an item issued by a governmental entity that
  32-19  allows the use of property or facilities owned, leased, or operated
  32-20  by the governmental entity.
  32-21        SECTION 4.05.  Section 39.01, Penal Code, is amended by
  32-22  adding Subsection (d) to read as follows:
  32-23        (d)  A discount or award given for travel, such as frequent
  32-24  flyer miles, rental car or hotel discounts, or food coupons, are
  32-25  not things of value belonging to the government for purposes of
  32-26  this section due to the administrative difficulty and cost involved
  32-27  in recapturing the discount or award for a governmental entity.
   33-1        SECTION 4.06.  (a)  The change in law made by this article
   33-2  applies only to an offense committed on or after the effective date
   33-3  of this Act.  For purposes of this section, an offense is committed
   33-4  before the effective date of this Act if any element of the offense
   33-5  occurs before the effective date.
   33-6        (b)  An offense committed before the effective date of this
   33-7  Act is covered by the law in effect when the offense was committed,
   33-8  and the former law is continued in effect for that purpose.
   33-9        SECTION 4.07.  Chapter 401, Government Code, is amended by
  33-10  adding Subchapter C to read as follows:
  33-11                 SUBCHAPTER C.  OFFICE OF THE GOVERNOR
  33-12        Sec. 401.031.  ACCEPTANCE OF GIFTS, GRANTS, AND DONATIONS BY
  33-13  GOVERNOR.  (a)  The governor may accept gifts, grants, and
  33-14  donations of property other than cash or negotiable instruments on
  33-15  behalf of the state for any lawful public purpose related to the
  33-16  office of governor.
  33-17        (b)  The governor may decline to accept a gift, grant, or
  33-18  donation that is made for a specific purpose if the governor
  33-19  determines the gift may not be used reasonably or economically for
  33-20  the designated purpose.
  33-21                               ARTICLE 5
  33-22        SECTION 5.01.  Section 251.001, Election Code, is amended by
  33-23  amending Subdivisions (12) and (14) and adding Subdivision (21) to
  33-24  read as follows:
  33-25              (12)  "Political committee" means a group of persons
  33-26  that has as a principal purpose accepting political contributions
  33-27  or making political expenditures.  The term does not include a
   34-1  group of candidates or officeholders all of whom are otherwise
   34-2  required to file reports under this title.
   34-3              (14)  "General-purpose committee" means a political
   34-4  committee that has among its principal purposes:
   34-5                    (A)  supporting or opposing:
   34-6                          (i)  two or more candidates who are
   34-7  unidentified or are seeking offices that are unknown; or
   34-8                          (ii)  one or more unidentified measures
   34-9  <that are unidentified>; or
  34-10                    (B)  assisting two or more officeholders who are
  34-11  unidentified.
  34-12              (21)  "Unidentified measure" means a question or
  34-13  proposal that is intended to be submitted in an election for an
  34-14  expression of the voters' will and that is not yet legally required
  34-15  to be submitted in an election.  The term does not include the
  34-16  circulation or submission of a petition to determine whether a
  34-17  question or proposal is required to be submitted in an election for
  34-18  an expression of the voters' will.
  34-19        SECTION 5.02.  Section 252.001, Election Code, is amended to
  34-20  read as follows:
  34-21        Sec. 252.001.  Appointment of Campaign Treasurer Required.
  34-22  Except as provided by Section 254.1811, each <Each> candidate and
  34-23  each political committee shall appoint a campaign treasurer as
  34-24  provided by this chapter.
  34-25        SECTION 5.03.  Section 252.003, Election Code, is amended by
  34-26  adding Subsection (e) to read as follows:
  34-27        (e)  For purposes of Subsection (d), a corporation, labor
   35-1  organization, or other association or legal entity other than an
   35-2  individual directly establishes, administers, or controls a
   35-3  general-purpose committee if the entity:
   35-4              (1)  is entitled to actively participate in determining
   35-5  to whom the committee makes political contributions or for what
   35-6  purposes the committee makes political expenditures; and
   35-7              (2)  is entitled to designate a person to fill a
   35-8  position of authority, including that of an officer or director, on
   35-9  the committee.
  35-10        SECTION 5.04.  Section 253.031, Election Code, is amended to
  35-11  read as follows:
  35-12        Sec. 253.031.  Contribution and Expenditure Without Campaign
  35-13  Treasurer Prohibited.  (a)  A candidate may not knowingly accept a
  35-14  campaign contribution or make or authorize a campaign expenditure
  35-15  at a time when a campaign treasurer appointment for the candidate
  35-16  is not in effect.
  35-17        (b)  A political committee may not knowingly accept a
  35-18  political contribution or make or authorize a political expenditure
  35-19  at a time when a campaign treasurer appointment for the committee
  35-20  is not in effect.
  35-21        (c)  A political committee may not knowingly make or
  35-22  authorize a campaign contribution or campaign expenditure
  35-23  supporting or opposing a candidate for an office specified by
  35-24  Section 252.005(1) in a primary or general election unless the
  35-25  committee's campaign treasurer appointment has been filed not later
  35-26  than the 30th day before the appropriate election day.
  35-27        (d)  This section does not apply to a political party's
   36-1  county executive committee that accepts political contributions or
   36-2  makes political expenditures, except that:
   36-3              (1)  a county executive committee that accepts
   36-4  political contributions or makes political expenditures shall
   36-5  maintain the records required by Section 254.001; and
   36-6              (2)  a county executive committee that accepts
   36-7  political contributions or makes political expenditures that, in
   36-8  the aggregate, exceed $5,000 in a calendar year shall file:
   36-9                    (A)  a campaign treasurer appointment as required
  36-10  by Section 252.001 not later than the 15th day after the date that
  36-11  amount is exceeded; and
  36-12                    (B)  the reports required by Subchapter F,
  36-13  Chapter 254, including in the political committee's first report
  36-14  all political contributions accepted and all political expenditures
  36-15  made before the effective date of the campaign treasurer
  36-16  appointment.
  36-17        (e)  This section does not apply to an out-of-state political
  36-18  committee unless the committee is subject to Chapter 252 under
  36-19  Section 251.005.
  36-20        (f)  This section does not apply to a political committee
  36-21  that is not required to appoint a campaign treasurer under
  36-22  Section 254.1811.
  36-23        (g)  A person who violates this section commits an offense.
  36-24  An offense under this section is a Class A misdemeanor.
  36-25        SECTION 5.05.  Section 253.035, Election Code, is amended by
  36-26  amending Subsection (d) and adding Subsections (j) and (k) to read
  36-27  as follows:
   37-1        (d)  In this section, "personal use" means a use that
   37-2  primarily furthers individual or family purposes not connected with
   37-3  the performance of duties or activities as a candidate for or
   37-4  holder of a public office.  The term does not include:
   37-5              (1)  payments made to defray ordinary and necessary
   37-6  expenses incurred in connection with activities as a candidate or
   37-7  in connection with the performance of duties or activities as a
   37-8  public officeholder, including payment of rent, utility, and other
   37-9  reasonable housing or household expenses incurred in maintaining a
  37-10  residence in Travis County by members of the legislature who do not
  37-11  ordinarily reside in Travis County, but excluding payments
  37-12  prohibited under Section 253.038; <or>
  37-13              (2)  payments of federal income taxes due on interest
  37-14  and other income earned on political contributions;
  37-15              (3)  payments of telephone expenses for any telephone
  37-16  calls that would not have been long-distance telephone calls if
  37-17  those telephone calls had been made from the legislative district
  37-18  office of a member of the legislature;
  37-19              (4)  ordinary and necessary expenses paid or incurred
  37-20  by a member of the legislature or by a specific-purpose committee
  37-21  for assisting the member if the expenses are incurred in connection
  37-22  with the performance of duties or activities as a legislator,
  37-23  including cleaning and maintenance of clothing worn in performing
  37-24  those duties or activities, regardless of whether those expenses
  37-25  are allowed as a deduction under the Internal Revenue Code;
  37-26              (5)  an expenditure made by or on behalf of a member of
  37-27  a candidate's or officeholder's immediate family if the same
   38-1  expenditure could be made under this chapter by or on behalf of the
   38-2  candidate or officeholder; or
   38-3              (6)  the incidental use of an asset purchased, leased,
   38-4  or otherwise acquired with political contributions if those
   38-5  political contributions are reimbursed in an amount that reasonably
   38-6  reflects the value of that use.
   38-7        (j)  A person may use political contributions to purchase,
   38-8  lease, otherwise acquire, or maintain an asset for both political
   38-9  and personal use if the political contributions are not used to
  38-10  purchase, lease, otherwise acquire, or maintain that portion of the
  38-11  asset that is attributable to personal use.
  38-12        (k)  An asset purchased with political contributions may not
  38-13  be used for personal use that is more than incidental by the person
  38-14  purchasing the asset, or by a person other than the person
  38-15  purchasing the asset, unless those political contributions are
  38-16  reimbursed in an amount that reasonably reflects the capital,
  38-17  operating, and maintenance costs of the asset for that use.
  38-18        SECTION 5.06.  Sections 253.100(a) and (b), Election Code,
  38-19  are amended to read as follows:
  38-20        (a)  A corporation, acting alone or with one or more other
  38-21  corporations, may make one or more <political> expenditures to
  38-22  finance the establishment or administration of a general-purpose
  38-23  committee.
  38-24        (b)  A corporation may make <political> expenditures to
  38-25  finance the solicitation of political contributions to a
  38-26  general-purpose committee assisted under Subsection (a) from the
  38-27  stockholders, employees, or families of stockholders or employees
   39-1  of one or more corporations.
   39-2        SECTION 5.07.  Subchapter B, Chapter 254, Election Code, is
   39-3  amended by adding Section 254.043 to read as follows:
   39-4        Sec. 254.043.  AMENDMENT OF SUBSTANTIALLY COMPLETE AND
   39-5  CORRECT DOCUMENT.  A person required to file a campaign treasurer
   39-6  appointment, report, or other disclosure document under this title
   39-7  may, in the commission's discretion, amend the document within a
   39-8  reasonable time without incurring a penalty if the document
   39-9  originally filed was substantially complete and correct and not
  39-10  misleading.
  39-11        SECTION 5.08.  Section 254.061, Election Code, is amended to
  39-12  read as follows:
  39-13        Sec. 254.061.  ADDITIONAL CONTENTS OF REPORTS.  In addition
  39-14  to the contents required by Section 254.031, each report by a
  39-15  candidate must include:
  39-16              (1)  the candidate's full name and address, the office
  39-17  sought, and the identity and date of the election for which the
  39-18  report is filed;
  39-19              (2)  the campaign treasurer's name, residence or
  39-20  business street address, and telephone number;
  39-21              (3)  for each political committee from which the
  39-22  candidate received notice under Section 254.128 or 254.161:
  39-23                    (A)  the committee's full name and address;
  39-24                    (B)  an indication of whether the committee is a
  39-25  general-purpose committee or a specific-purpose committee; <and>
  39-26                    (C)  the full name and address of the committee's
  39-27  campaign treasurer; and
   40-1                    (D)  an indication that the candidate rejects the
   40-2  committee's support, if applicable;
   40-3              (4)  the full name and address of each individual
   40-4  acting as a campaign treasurer of a political committee under
   40-5  Section 253.062 from whom the candidate received notice under
   40-6  Section 254.128 or 254.161; and
   40-7              (5)  on a separate page or pages of the report, the
   40-8  identification of any payment from political contributions made to
   40-9  a business in which the candidate has a participating interest of
  40-10  more than 10 percent, holds a position on the governing body of the
  40-11  business, or serves as an officer of the business.
  40-12        SECTION 5.09.  Section 254.091, Election Code, is amended to
  40-13  read as follows:
  40-14        Sec. 254.091.  ADDITIONAL CONTENTS OF REPORTS.  In addition
  40-15  to the contents required by Section 254.031, each report by an
  40-16  officeholder must include:
  40-17              (1)  the officeholder's full name and address and the
  40-18  office held;
  40-19              (2)  for each political committee from which the
  40-20  officeholder received notice under Section 254.128 or 254.161:
  40-21                    (A)  the committee's full name and address;
  40-22                    (B)  an indication of whether the committee is a
  40-23  general-purpose committee or a specific-purpose committee; <and>
  40-24                    (C)  the full name and address of the committee's
  40-25  campaign treasurer; and
  40-26                    (D)  an indication that the officeholder rejects
  40-27  the committee's support, if applicable; and
   41-1              (3)  on a separate page or pages of the report, the
   41-2  identification of any payment from political contributions made to
   41-3  a business in which the officeholder has a participating interest
   41-4  of more than 10 percent, holds a position on the governing body of
   41-5  the business, or serves as an officer of the business.
   41-6        SECTION 5.10.  Section 254.128, Election Code, is amended to
   41-7  read as follows:
   41-8        Sec. 254.128.  NOTICE TO CANDIDATE AND OFFICEHOLDER OF
   41-9  CONTRIBUTIONS AND EXPENDITURES.  (a)  If a specific-purpose
  41-10  committee intends to make a political expenditure for the benefit
  41-11  of a candidate or officeholder, the committee's campaign treasurer
  41-12  shall deliver written notice of that fact to the affected candidate
  41-13  or officeholder not later than the fifth day before the date the
  41-14  expenditure is made.
  41-15        (b)  If a specific-purpose committee accepts political
  41-16  contributions or makes political expenditures for a candidate or
  41-17  officeholder, the committee's campaign treasurer shall deliver
  41-18  written notice of that fact to the affected candidate or
  41-19  officeholder not later than the end of the period covered by the
  41-20  report in which the reportable activity occurs.
  41-21        (c) <(b)>  The notice must include the full name and address
  41-22  of the political committee and its campaign treasurer and an
  41-23  indication that the committee is a specific-purpose committee.
  41-24        (d) <(c)>  A campaign treasurer commits an offense if that
  41-25  person <he> fails to comply with this section.  An offense under
  41-26  this section is a Class A misdemeanor.
  41-27        SECTION 5.11.  Section 254.161, Election Code, is amended to
   42-1  read as follows:
   42-2        Sec. 254.161.  Notice to Candidate and Officeholder of
   42-3  Contributions and Expenditures.  (a)  If a general-purpose
   42-4  committee intends to make a political expenditure for the benefit
   42-5  of a candidate or officeholder, notice of that fact shall be given
   42-6  to the affected candidate or officeholder as provided by
   42-7  Section 254.128 for a specific-purpose committee.
   42-8        (b)  If a general-purpose committee accepts political
   42-9  contributions or makes political expenditures for a candidate or
  42-10  officeholder, notice of that fact shall be given to the affected
  42-11  candidate or officeholder as provided by Section 254.128 for a
  42-12  specific-purpose committee.
  42-13        (c)  For purposes of this section, an expenditure in
  42-14  connection with a statement supporting, opposing, or assisting a
  42-15  candidate or officeholder is not considered a political expenditure
  42-16  if:
  42-17              (1)  the statement is included in a written
  42-18  communication prepared by a general-purpose committee; and
  42-19              (2)  the primary purpose of the written communication
  42-20  is not to support, oppose, or assist the candidate or officeholder.
  42-21        (d)  This section does not apply to the principal political
  42-22  committee of a political party or to a political committee
  42-23  established by the county executive committee of a political party.
  42-24        SECTION 5.12.  Section 254.181(a), Election Code, is amended
  42-25  to read as follows:
  42-26        (a)  An opposed candidate <or specific-purpose committee>
  42-27  required to file reports under Subchapter C <or E> may file a
   43-1  report under this subchapter instead if the candidate <or
   43-2  committee> does not intend to accept political contributions that
   43-3  in the aggregate exceed $500 or to make political expenditures that
   43-4  in the aggregate exceed $500 in connection with the election.
   43-5        SECTION 5.13.  Subchapter G, Chapter 254, Election Code, is
   43-6  amended by adding Section 254.1811 to read as follows:
   43-7        Sec. 254.1811.  REPORT NOT REQUIRED.  A political committee
   43-8  is not required to appoint a campaign treasurer or file reports
   43-9  under Subchapter E or F if the committee does not intend to accept
  43-10  political contributions that in the aggregate exceed $500 or to
  43-11  make political expenditures that in the aggregate exceed $500 in
  43-12  connection with an election.
  43-13        SECTION 5.14.  Section 254.182, Election Code, is amended to
  43-14  read as follows:
  43-15        Sec. 254.182.  Declaration of Intent Required.  (a)  To be
  43-16  entitled to file reports under this subchapter, an opposed
  43-17  candidate <or specific-purpose committee> must file with the
  43-18  campaign treasurer appointment a written declaration of intent not
  43-19  to exceed $500 in political contributions or political expenditures
  43-20  in the election.
  43-21        (b)  To be entitled to accept political contributions or make
  43-22  political expenditures without appointing a campaign treasurer or
  43-23  filing reports under Subchapter E or F, a political committee must
  43-24  file a written declaration of intent not to exceed $500 in
  43-25  political contributions or political expenditures in the election.
  43-26  The declaration of intent must be filed with the authority with
  43-27  whom the committee would file a campaign treasurer appointment if
   44-1  one were required.
   44-2        (c)  The declaration of intent must contain a statement that
   44-3  the candidate or committee understands that if the $500 maximum for
   44-4  contributions and expenditures is exceeded, the candidate or
   44-5  committee is required to file reports under Subchapter C, <or> E,
   44-6  or F, as applicable.
   44-7        SECTION 5.15.  Sections 254.183(a) and (b), Election Code,
   44-8  are amended to read as follows:
   44-9        (a)  An opposed candidate or a political <specific-purpose>
  44-10  committee that exceeds $500 in political contributions or political
  44-11  expenditures in the election shall file reports as required by
  44-12  Subchapter C, <or> E, or F, as applicable.
  44-13        (b)  If a candidate or committee exceeds the $500 maximum
  44-14  after the filing deadline prescribed by Subchapter C, <or> E, or F
  44-15  for the first report required to be filed under the appropriate
  44-16  subchapter, the candidate or committee shall file a report not
  44-17  later than 48 hours after the maximum is exceeded.
  44-18        SECTION 5.16.  Section 254.184, Election Code, is amended to
  44-19  read as follows:
  44-20        Sec. 254.184.  Applicability of Regular Reporting
  44-21  Requirements.  (a)  Subchapter C <or E, as applicable,> applies to
  44-22  an opposed candidate <or specific-purpose committee> filing under
  44-23  this subchapter to the extent that Subchapter C <the appropriate
  44-24  subchapter> does not conflict with this subchapter.
  44-25        (b)  A candidate <or committee> filing under this subchapter
  44-26  is not required to file any reports of political contributions and
  44-27  political expenditures other than the semiannual reports required
   45-1  to be filed not later than July 15 and January 15.
   45-2        SECTION 5.17.  Subchapter G, Chapter 254, Election Code, is
   45-3  amended by adding Section 254.185 to read as follows:
   45-4        Sec. 254.185.  EXCEEDING MAXIMUM IMMEDIATELY BEFORE ELECTION
   45-5  PROHIBITED.  (a)  A candidate or political committee that has filed
   45-6  a declaration of intent under Section 254.182 may not exceed the
   45-7  $500 maximum for political contributions or political expenditures
   45-8  after the 11th day before the date of an election in which the
   45-9  candidate or committee is involved.
  45-10        (b)  A person who violates this section commits an offense.
  45-11  An offense under this section is a Class A misdemeanor.
  45-12        SECTION 5.18.  Section 255.001, Election Code, is amended to
  45-13  read as follows:
  45-14        Sec. 255.001.  Required Disclosure on Political Advertising.
  45-15  (a)  A person may not knowingly enter into a contract or other
  45-16  agreement to print, publish, or broadcast political advertising
  45-17  that does not indicate in the advertising:
  45-18              (1)  that it is political advertising;
  45-19              (2)  the full name of either the individual who
  45-20  personally entered into the contract or agreement with the printer,
  45-21  publisher, or broadcaster or the person that individual represents;
  45-22  <and>
  45-23              (3)  in the case of advertising that is printed or
  45-24  published, the address of either the individual who personally
  45-25  entered into the agreement with the printer or publisher or the
  45-26  person that individual represents; and
  45-27              (4)  the name of the person who paid for the political
   46-1  advertising if different than the name of the individual who
   46-2  personally entered into the contract or agreement.
   46-3        (b)  This section does not apply to tickets or invitations to
   46-4  political fund-raising events or to campaign buttons, pins, hats,
   46-5  or similar campaign materials.
   46-6        (c)  For purposes of this section, political advertising is
   46-7  "paid for":
   46-8              (1)  in the case of advertising purchased with funds
   46-9  provided by an individual, by the individual; or
  46-10              (2)  in the case of advertising purchased with funds
  46-11  provided by a political committee, by the campaign treasurer of the
  46-12  committee.
  46-13        (d)  A person who violates this section commits an offense.
  46-14  An offense under this section is a Class A misdemeanor.
  46-15        SECTION 5.19.  The change made to Section 255.001, Election
  46-16  Code, by this Act applies only to a contract or other agreement
  46-17  entered into on or after September 1, 1993.  A contract or
  46-18  agreement entered into before that date is covered by the law in
  46-19  effect on the date the contract or agreement was entered into, and
  46-20  that law is continued in effect for this purpose.
  46-21                               ARTICLE 6
  46-22        SECTION 6.01.  The importance of this legislation and the
  46-23  crowded condition of the calendars in both houses create an
  46-24  emergency and an imperative public necessity that the
  46-25  constitutional rule requiring bills to be read on three several
  46-26  days in each house be suspended, and this rule is hereby suspended,
  46-27  and that this Act take effect and be in force from and after its
   47-1  passage, and it is so enacted.