By: Carriker S.B. No. 1005
73R6807 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. Section 1.06(b), 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 to read as follows:
1-14 (b) A vacancy on the commission shall be excluded when <may
1-15 not be considered in> determining the membership of the commission
1-16 for the purpose of a quorum. However, if there is a vacancy on the
1-17 commission, a vote of the commission is not effective unless at
1-18 least one member who votes with the majority is from a different
1-19 political party than at least one other member who votes with the
1-20 majority.
1-21 SECTION 1.02. Section 1.11, Chapter 304, Acts of the 72nd
1-22 Legislature, Regular Session, 1991 (Article 6252-9d.1, Vernon's
1-23 Texas Civil Statutes), is amended by amending Subsection (b) and
1-24 adding Subsection (g) to read as follows:
2-1 (b) The commission may:
2-2 (1) issue subpoenas to compel the attendance of
2-3 witnesses and the production of documents under Section 1.14 of
2-4 this article;
2-5 (2) hold hearings, on its own motion <adopted by a
2-6 record vote of at least six commission members> or on a sworn
2-7 complaint, and render decisions on complaints or reports of
2-8 violations as provided by this article;
2-9 (3) agree to the settlement of issues;
2-10 (4) on motion adopted by a record vote <of at least
2-11 six commission members>, initiate civil enforcement actions and
2-12 refer matters to the appropriate prosecuting attorney for criminal
2-13 prosecution;
2-14 (5) disseminate, through pamphlets and seminars,
2-15 explanations and compliance guidelines concerning any law
2-16 administered and enforced by the commission;
2-17 (6) develop computer software to facilitate the
2-18 discharge of statutory duties of the commission;
2-19 (7) contract with persons and agencies to administer
2-20 and carry out this article and rules, standards, and orders adopted
2-21 under this article, but excluding any enforcement authority;
2-22 (8) accept gifts, grants, and donations for the
2-23 administration of its duties; and
2-24 (9) adopt rules to administer this article or any law
2-25 administered and enforced by the commission, including rules that
2-26 define terms used in this article or those laws <provided that a
2-27 rule must be adopted on the affirmative vote of at least six
3-1 members of the commission>.
3-2 (g) The commission by rule shall provide a method for a
3-3 person to verify or swear to a statement, registration, or report
3-4 filed with the commission by electronic data transmittal processes.
3-5 SECTION 1.03. Section 1.13(b), Chapter 304, Acts of the 72nd
3-6 Legislature, Regular Session, 1991 (Article 6252-9d.1, Vernon's
3-7 Texas Civil Statutes), is amended to read as follows:
3-8 (b) The commission may <by record vote of at least six
3-9 commission members> perform a complete audit only at an informal
3-10 and formal hearing.
3-11 SECTION 1.04. Section 1.14, 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 to read as follows:
3-14 Sec. 1.14. Subpoenas. In connection with an informal
3-15 hearing or a formal hearing, the commission may subpoena and
3-16 examine witnesses and documents as authorized by this article that
3-17 directly relate to a sworn complaint. A copy of a subpoena of the
3-18 commission must be delivered to the respondent. At the written
3-19 request of <at least six members of> the commission, a peace
3-20 officer shall serve a subpoena of the commission in the manner
3-21 prescribed for service of a district court subpoena. If a person
3-22 to whom a subpoena is directed refuses to appear, refuses to answer
3-23 inquiries, or fails or refuses to produce books, records, or other
3-24 documents that were under the person's control when the demand was
3-25 made, the commission shall report that fact to a district court in
3-26 Travis County. The district court shall enforce the subpoena by
3-27 attachment proceedings for contempt in the same manner as the court
4-1 enforces a subpoena issued by the court. A respondent has the
4-2 right to quash a subpoena as provided by law. A subpoenaed witness
4-3 who attends a commission hearing is entitled to the same mileage
4-4 and per diem as a witness who appears before a grand jury.
4-5 SECTION 1.05. Section 1.17(a), Chapter 304, Acts of the 72nd
4-6 Legislature, Regular Session, 1991 (Article 6252-9d.1, Vernon's
4-7 Texas Civil Statutes), is amended to read as follows:
4-8 (a) By a record vote <of at least six members>, the
4-9 commission, without a sworn complaint, may initiate a preliminary
4-10 review of the matter that is the subject of the motion.
4-11 SECTION 1.06. Section 1.21(e), Chapter 304, Acts of the 72nd
4-12 Legislature, Regular Session, 1991 (Article 6252-9d.1, Vernon's
4-13 Texas Civil Statutes), is amended to read as follows:
4-14 (e) In addition to other penalties, a person who <files a
4-15 frivolous complaint or> discloses information made confidential by
4-16 this section is civilly liable to the respondent in an amount equal
4-17 to the greater of $10,000 or the amount of actual damages incurred
4-18 by the respondent, including court costs and attorney fees.
4-19 SECTION 1.07. Section 1.23(a), Chapter 304, Acts of the 72nd
4-20 Legislature, Regular Session, 1991 (Article 6252-9d.1, Vernon's
4-21 Texas Civil Statutes), is amended to read as follows:
4-22 (a) Not later than the 30th business day after the date the
4-23 formal hearing is completed, the commission by a motion adopted by
4-24 record vote <of at least six members, if the final decision is that
4-25 a violation has occurred, or by five members if the final decision
4-26 is that a violation has not occurred> shall issue:
4-27 (1) a final decision stating the resolution of the
5-1 formal hearing; and
5-2 (2) a written report stating in detail the
5-3 commission's findings of fact, conclusions of law, and
5-4 recommendation of criminal referral or imposition of civil penalty,
5-5 if any.
5-6 SECTION 1.08. Section 1.28(a), Chapter 304, Acts of the 72nd
5-7 Legislature, Regular Session, 1991 (Article 6252-9d.1, Vernon's
5-8 Texas Civil Statutes), is amended to read as follows:
5-9 (a) The commission may:
5-10 (1) impose a civil penalty of not more than $5,000, or
5-11 triple the amount at issue under a law administered and enforced by
5-12 the commission, whichever amount is greater, for a delay in
5-13 complying with a commission order or for a violation of a law
5-14 administered and enforced by the commission;
5-15 (2) impose a civil penalty of not more than $5,000
5-16 <$10,000> for the filing of a frivolous or bad-faith complaint;
5-17 (3) following a criminal conviction for an offense
5-18 under Chapter 36, Penal Code, or Chapter 305, Government Code,
5-19 deny, suspend, or revoke the registration of a person required to
5-20 be registered under Chapter 305, Government Code;
5-21 (4) notify the appropriate regulatory or supervisory
5-22 entity, including any agency, the State Commission on Judicial
5-23 Conduct, the senate, the house of representatives, or the State Bar
5-24 of Texas, of a violation of a law administered and enforced by the
5-25 commission;
5-26 (5) issue and enforce cease and desist orders to stop
5-27 violations; and
6-1 (6) issue affirmative orders to require compliance
6-2 with the laws administered and enforced by the commission.
6-3 SECTION 1.09. Section 1.31(a), Chapter 304, Acts of the 72nd
6-4 Legislature, Regular Session, 1991 (Article 6252-9d.1, Vernon's
6-5 Texas Civil Statutes), is amended to read as follows:
6-6 (a) A member of the commission who is the subject of a
6-7 formal investigation by the commission, of a sworn complaint filed
6-8 with the commission or a motion, or of a motion <by record vote of
6-9 at least six members> of the commission may not participate in
6-10 commission proceedings relating to the investigation, complaint, or
6-11 motion.
6-12 SECTION 1.10. Section 1.26, Chapter 304, Acts of the 72nd
6-13 Legislature, Regular Session, 1991 (Article 6252-9d.1, Vernon's
6-14 Texas Civil Statutes), is repealed.
6-15 ARTICLE 2
6-16 SECTION 2.01. Section 305.003, Government Code, is amended
6-17 to read as follows:
6-18 Sec. 305.003. PERSONS REQUIRED TO REGISTER. (a) A person
6-19 must register with the commission under this chapter if the person:
6-20 (1) makes a total expenditure of an amount determined
6-21 by commission rule but not less than $200 in a calendar quarter,
6-22 not including the person's own travel, food, or lodging expenses or
6-23 the person's own membership dues, on activities described in
6-24 Section 305.006(b) to communicate directly with one or more members
6-25 of the legislative or executive branch to influence legislation or
6-26 administrative action; and <or>
6-27 (2) receives compensation or reimbursement, not
7-1 including reimbursement for the person's own travel, food, or
7-2 lodging expenses or the person's own membership dues, of more than
7-3 an amount determined by commission rule but not less than $200 in a
7-4 calendar quarter from another person to communicate directly with a
7-5 member of the legislative or executive branch to influence
7-6 legislation or administrative action.
7-7 (b) Subsection (a)(2) requires a person to register if the
7-8 person, as part of his regular employment, has communicated
7-9 directly with a member of the legislative or executive branch to
7-10 influence legislation or administrative action on behalf of the
7-11 person by whom he is compensated or reimbursed, whether or not the
7-12 person receives any compensation for the communication in addition
7-13 to the salary for that regular employment. However, Subsection
7-14 (a)(2) does not require a member of the judicial, legislative, or
7-15 executive branch of state government or an officer or employee of a
7-16 political subdivision of the state to register.
7-17 <(c) A person who communicates directly with a member of the
7-18 executive branch to influence administrative action is not required
7-19 to register under Subsection (a)(2) if the person is an attorney of
7-20 record or pro se, the person enters his appearance in a public
7-21 record through pleadings or other written documents in a docketed
7-22 case pending before a state agency, and that communication is the
7-23 only activity that would otherwise require the person to register.>
7-24 SECTION 2.02. Section 305.004, Government Code, is amended
7-25 to read as follows:
7-26 Sec. 305.004. Exceptions. The following persons are not
7-27 required to register under this chapter:
8-1 (1) a person who owns, publishes, or is employed by a
8-2 newspaper, any other regularly published periodical, a radio
8-3 station, a television station, a wire service, or any other bona
8-4 fide news medium that in the ordinary course of business
8-5 disseminates news, letters to the editors, editorial or other
8-6 comment, or paid advertisements that directly or indirectly oppose
8-7 or promote legislation or administrative action, if the person does
8-8 not engage in further or other activities that require registration
8-9 under this chapter and does not represent another person in
8-10 connection with influencing legislation or administrative action;
8-11 (2) a person whose only direct communication with a
8-12 member of the legislative or executive branch to influence
8-13 legislation or administrative action is an appearance before or
8-14 testimony to one or more members of the legislative or executive
8-15 branch in a hearing conducted by or on behalf of either the
8-16 legislative or the executive branch and who does not receive
8-17 <special or extra> compensation for the appearance other than
8-18 compensation for the person's regular occupational duties and
8-19 actual expenses incurred in attending the hearing;
8-20 (3) a person whose only activity is to encourage or
8-21 solicit members, employees, or stockholders of an entity by whom
8-22 the person is reimbursed, employed, or retained to communicate
8-23 directly with members of the legislative or executive branch to
8-24 influence legislation or administrative action;
8-25 (4) a person whose only activity to influence
8-26 legislation or administrative action is to compensate or reimburse
8-27 an individual registrant to act in the person's behalf to
9-1 communicate directly with a member of the legislative or executive
9-2 branch to influence legislation or administrative action;
9-3 (5) a person whose only activity to influence
9-4 legislation or administrative action is attendance at a meeting or
9-5 entertainment event attended by a member of the legislative or
9-6 executive branch if the total cost of the meeting or entertainment
9-7 event is paid by a business entity, union, or association;
9-8 (6) a person whose only compensation subject to
9-9 Section 305.003(a)(2) consists of reimbursement for any wages not
9-10 earned due to attendance at a meeting or entertainment event,
9-11 travel to and from the meeting or entertainment event, admission to
9-12 the meeting or entertainment event, and any food and beverage
9-13 consumed at the meeting or entertainment event if the meeting or
9-14 entertainment event is attended by a member of the legislative or
9-15 executive branch and if the total cost of the meeting or
9-16 entertainment event is paid by a business entity, union, or
9-17 association; and
9-18 (7) a person who communicates directly with a member
9-19 of the legislative or executive branch on behalf of a political
9-20 party concerning legislation or administrative action, and whose
9-21 expenditures and compensation, as described in Section 305.003,
9-22 combined do not exceed $5,000 a calendar year.
9-23 SECTION 2.03. Subchapter A, Chapter 305, Government Code, is
9-24 amended by adding Section 305.0041 to read as follows:
9-25 Sec. 305.0041. REGISTRATION EXCEPTION FOR CERTAIN ENTITIES.
9-26 A corporation, association, firm, partnership, committee, club,
9-27 organization, or group of persons voluntarily acting in concert is
10-1 not required to register under this chapter if a registrant whom
10-2 the entity reimburses, retains, or employs reports expenditures
10-3 attributable to the entity that are required to be reported under
10-4 Section 305.006. A registrant who is present at the time of an
10-5 expenditure by the entity in order to satisfy the presence
10-6 requirements of Section 305.024(a)(7) shall report those
10-7 expenditures on behalf of the entity.
10-8 SECTION 2.04. Section 305.005(f), Government Code, is
10-9 amended to read as follows:
10-10 (f) The registration must be written and verified and must
10-11 contain:
10-12 (1) the registrant's full name and address;
10-13 (2) the registrant's normal business, business phone
10-14 number, and business address;
10-15 (3) the full name and address of each person:
10-16 (A) who reimburses, retains, or employs the
10-17 registrant to communicate directly with a member of the legislative
10-18 or executive branch to influence legislation or administrative
10-19 action; and
10-20 (B) on whose behalf the registrant has
10-21 communicated directly with a member of the legislative or executive
10-22 branch to influence legislation or administrative action;
10-23 (4) the subject matter and, if applicable, the bill
10-24 number, docket number, or other legislative or administrative
10-25 designation of the legislation or administrative action that is the
10-26 subject of the registrant's direct communication with a member of
10-27 the legislative or executive branch;
11-1 (5) for each person employed or retained by the
11-2 registrant for the purpose of assisting in direct communication
11-3 with a member of the legislative or executive branch to influence
11-4 legislation or administrative action:
11-5 (A) the full name, business address, occupation,
11-6 and date of employment or retention of the person by the
11-7 registrant; and
11-8 (B) the subject matter and, if applicable, the
11-9 bill number, docket number, or other administrative designation of
11-10 the legislation or administrative action to which the person's
11-11 activities reportable under this section were related; and
11-12 (6) the amount of compensation or reimbursement paid
11-13 or to be paid by each person who reimburses, retains, or employs
11-14 the registrant for the purpose of communicating directly with a
11-15 member of the legislative or executive branch or on whose behalf
11-16 the registrant communicates directly with a member of the
11-17 legislative or executive branch.
11-18 SECTION 2.05. Section 305.006, Government Code, is amended
11-19 by adding Subsection (g) to read as follows:
11-20 (g) A registrant is not required to report under this
11-21 chapter an expenditure for the registrant's own transportation or
11-22 lodging expenses made to communicate directly with a member of the
11-23 legislative or executive branch if the registrant makes no
11-24 expenditures in connection with that occasion for the member's
11-25 transportation or lodging expenses.
11-26 SECTION 2.06. Section 305.0062(a), Government Code, is
11-27 amended to read as follows:
12-1 (a) The report filed under Section 305.006 must also contain
12-2 the total expenditures described by Section 305.006(b) that are
12-3 directly attributable to persons in the following categories
12-4 <members of the legislative or executive branch and those that are
12-5 directly attributable to the registrant>. The expenditures must be
12-6 stated in only one of the following categories:
12-7 (1) state senators;
12-8 (2) state representatives;
12-9 (3) elected or appointed state officers, other than
12-10 those described by Subdivision (1) or (2);
12-11 (4) legislative agency employees;
12-12 (5) executive agency employees;
12-13 (6) the immediate family of a member of the
12-14 legislative or executive branch;
12-15 (7) the registrant; or <and>
12-16 (8) events to which all legislators are invited.
12-17 SECTION 2.07. Section 305.025, Government Code, is amended
12-18 to read as follows:
12-19 Sec. 305.025. EXCEPTIONS. Section 305.024 does not
12-20 prohibit:
12-21 (1) a loan in the due course of business from a
12-22 corporation or other business entity that is legally engaged in the
12-23 business of lending money and that has conducted that business
12-24 continuously for more than one year before the loan is made;
12-25 (2) a loan or guarantee of a loan or a gift made or
12-26 given by a person related within the second degree by affinity or
12-27 consanguinity to the member of the legislative or executive branch;
13-1 (3) necessary expenditures for transportation and
13-2 lodging when the purpose of the travel is to explore matters
13-3 directly related to the duties of a member of the legislative or
13-4 executive branch, such as fact-finding trips, but not including
13-5 attendance at merely ceremonial events or pleasure trips;
13-6 (4) necessary expenditures for transportation and
13-7 lodging provided in connection with a conference or similar event
13-8 in which the member renders services, such as addressing an
13-9 audience or engaging in a seminar, to the extent that those
13-10 services are more than merely perfunctory;
13-11 (5) expenditures for transportation or lodging for a
13-12 member of the legislative or executive branch, or for an immediate
13-13 family member's transportation and lodging, that are reimbursed by
13-14 the member of the legislative or executive branch; or
13-15 (6) <(5)> a political contribution as defined by
13-16 Section 251.001, Election Code.
13-17 SECTION 2.08. Section 305.027(a), Government Code, is
13-18 amended to read as follows:
13-19 (a) A person commits an offense if the person knowingly
13-20 enters into a contract or other agreement to print, publish, or
13-21 broadcast legislative advertising that does not indicate in the
13-22 advertising:
13-23 (1) that it is legislative advertising;
13-24 (2) the full name of the individual who personally
13-25 entered into the contract or agreement with the printer, publisher,
13-26 or broadcaster and the name of the person, if any, that the
13-27 individual represents; <and>
14-1 (3) in the case of advertising that is printed or
14-2 published, the address of the individual who personally entered
14-3 into the agreement with the printer or publisher and the address of
14-4 the person, if any, that the individual represents; and
14-5 (4) the name of the person who will ultimately pay for
14-6 the legislative advertising if different than the name of the
14-7 individual who personally entered into the contract or agreement.
14-8 SECTION 2.09. Section 305.033(a), Government Code, is
14-9 amended to read as follows:
14-10 (a) The commission shall determine from any available
14-11 evidence whether a registration or report required to be filed with
14-12 the commission under this chapter is late. A registration filed
14-13 without the fee required by Section 305.005 is considered to be
14-14 late. On making a determination that a required registration or
14-15 report is late, the commission shall immediately mail a notice of
14-16 the determination to the person responsible for the filing<, to the
14-17 commission,> and to the appropriate attorney for the state.
14-18 SECTION 2.10. The change in law made by this article to the
14-19 information required to be included in a report filed under Chapter
14-20 305, Government Code, applies only to a report filed on or after
14-21 October 1, 1993.
14-22 SECTION 2.11. The change in law made by Section 2.08 of this
14-23 Act applies only to a contract or other agreement entered into on
14-24 or after September 1, 1993. An offense committed before that date
14-25 is covered by the law in effect on the date the offense occurred,
14-26 and that law is continued in effect for this purpose.
14-27 ARTICLE 3
15-1 SECTION 3.01. Section 3(a), Chapter 421, Acts of the 63rd
15-2 Legislature, Regular Session, 1973 (Article 6252-9b, Vernon's Texas
15-3 Civil Statutes), is amended to read as follows:
15-4 (a) On or before April 30th of each year, every elected
15-5 <state> officer, salaried appointed officer, appointed officer of a
15-6 major state agency, executive head of a state agency, and <every>
15-7 party chairman shall file with the commission a financial statement
15-8 complying with the requirements of Section 4 of this Act.
15-9 SECTION 3.02. Section 4(c), Chapter 421, Acts of the 63rd
15-10 Legislature, Regular Session, 1973 (Article 6252-9b, Vernon's Texas
15-11 Civil Statutes), is amended to read as follows:
15-12 (c) The account of financial activity referred to in
15-13 Subsection (a) of this section shall consist of:
15-14 (1) a list of all sources of occupational income,
15-15 identified by employer, or if self-employed, by the nature of the
15-16 occupation, including identification of any person, business
15-17 entity, or other organization from whom the person or a business in
15-18 which he has a substantial interest received a fee as a retainer
15-19 for a claim on future services in case of need (as opposed to a fee
15-20 for services on a matter specified at the time of contracting for
15-21 or receiving the fee), whenever professional or occupational
15-22 services were not actually performed during the reporting period
15-23 commensurate to or in excess of the amount of the retainer, and the
15-24 category of the amount of the fee;
15-25 (2) identification by name and category of number of
15-26 shares of stock of any business entity held or acquired, and if
15-27 sold the category of the amount of net gain or loss realized from
16-1 such sale;
16-2 (3) a list of all bonds, notes, and other commercial
16-3 paper held or acquired, and if sold the category of the amount of
16-4 net gain or loss realized from such sale;
16-5 (4) identification of each source and the category of
16-6 the amount of income in excess of $500 derived per source from
16-7 interest, dividends, royalties, and rents;
16-8 (5) identification of each guarantor of a loan and
16-9 identification of each person or financial institution to whom a
16-10 personal note or notes or lease agreement for a total financial
16-11 liability in excess of $1,000 existed at any time during the year,
16-12 and the category of the amount of the liability;
16-13 (6) identification by description of all beneficial
16-14 interests in real property and business entities held or acquired,
16-15 and if sold the category of the amount of the net gain or loss
16-16 realized from such sale;
16-17 (7) identification of any person, business entity, or
16-18 other organization from whom the person or his spouse or dependent
16-19 children received a gift of anything of value in excess of $250 in
16-20 value and a description of each gift, except:
16-21 (A) gifts received from persons related to the
16-22 person at any time within the second degree of consanguinity or
16-23 affinity, as determined under Article 5996h, Revised Statutes;
16-24 (B) political contributions that were reported
16-25 as required by law; and
16-26 (C) expenditures required to be reported by a
16-27 person required to be registered under Chapter 305, Government
17-1 Code;
17-2 (8) identification of the source and the category of
17-3 the amount of all income received as beneficiary of a trust and
17-4 identification of each asset, if known to the beneficiary, from
17-5 which income was received by the beneficiary in excess of $500;
17-6 (9) identification by description and category of the
17-7 amount of all assets and liabilities of any corporation or
17-8 partnership in which 50 percent or more of the outstanding
17-9 ownership was held, acquired, or sold;
17-10 (10) a list of all boards of directors of which the
17-11 person is a member and executive positions which the person holds
17-12 in corporations, firms, partnerships, and proprietorships, stating
17-13 the name of each corporation, firm, partnership, or proprietorship
17-14 and the position held;
17-15 (11) identification of any person providing
17-16 transportation, meals, or lodging expenses permitted under Section
17-17 36.07(b), Penal Code, and the amount of those expenses, other than
17-18 expenditures required to be reported under Chapter 305, Government
17-19 Code; and
17-20 (12) any partnership, joint venture, or other business
17-21 association, excluding a publicly held or traded business entity
17-22 <corporation>, in which both the state officer and a person
17-23 registered under Chapter 305, Government Code, have an interest.
17-24 SECTION 3.03. Section 7C, Chapter 421, Acts of the 63rd
17-25 Legislature, Regular Session, 1973 (Article 6252-9b, Vernon's Texas
17-26 Civil Statutes), is repealed.
17-27 ARTICLE 4
18-1 SECTION 4.01. Section 36.01(5), Penal Code, is amended to
18-2 read as follows:
18-3 (5) "Benefit" means anything reasonably regarded as
18-4 pecuniary gain or pecuniary advantage, and includes a <including>
18-5 benefit to any other person in whose welfare the beneficiary has a
18-6 direct and substantial interest, but does not include food and
18-7 beverage with a combined value of less than $50 for each occasion.
18-8 SECTION 4.02. Sections 36.02(a) and (d), Penal Code, are
18-9 amended to read as follows:
18-10 (a) A person commits an offense if he intentionally or
18-11 knowingly offers, confers, or agrees to confer on another, or
18-12 solicits, accepts, or agrees to accept from another:
18-13 (1) any benefit as consideration for the recipient's
18-14 decision, opinion, recommendation, vote, or other exercise of
18-15 discretion as a public servant, party official, or voter;
18-16 (2) any benefit as consideration for the recipient's
18-17 decision, vote, recommendation, or other exercise of official
18-18 discretion in a judicial or administrative proceeding;
18-19 (3) any benefit as consideration for a violation of a
18-20 duty imposed by law on a public servant or party official; or
18-21 (4) any benefit that is a political contribution as
18-22 defined by Title 15, Election Code, or that is an expenditure
18-23 required to be reported under Chapter 305, Government Code, if the
18-24 benefit was offered, conferred, solicited, accepted, or agreed to
18-25 pursuant to an express agreement to take or withhold a specific
18-26 exercise of official discretion if such exercise of official
18-27 discretion would not have been taken or withheld but for the
19-1 benefit; notwithstanding any rule of evidence or jury instruction
19-2 allowing factual inferences in the absence of certain evidence,
19-3 direct evidence of the express agreement shall be required in any
19-4 prosecution under this subdivision.
19-5 (d) It is an exception to the application of Subdivisions
19-6 (1), (2), and (3) of Subsection (a) of this section that the
19-7 benefit is a political contribution <accepted> as defined by Title
19-8 15, Election Code, or an expenditure required to be reported under
19-9 Chapter 305, Government Code.
19-10 SECTION 4.03. Section 36.07(b), Penal Code, is amended to
19-11 read as follows:
19-12 (b) This section does not prohibit a public servant from
19-13 accepting transportation and lodging expenses <permitted under
19-14 Section 305.025(b)(2), Government Code,> in connection with a
19-15 conference or similar event in which the public servant renders
19-16 services, such as addressing an audience or engaging in a seminar,
19-17 to the extent that those services are more than merely perfunctory,
19-18 or from accepting meals in connection with such an event.
19-19 SECTION 4.04. Section 36.08, Penal Code, is amended by
19-20 adding Subsection (i) to read as follows:
19-21 (i) A public servant who receives an unsolicited benefit
19-22 that the public servant is prohibited from accepting under this
19-23 section may donate the benefit to a governmental entity that has
19-24 the authority to accept the gift or may donate the benefit to a
19-25 recognized tax-exempt charitable organization formed for
19-26 educational, religious, or scientific purposes.
19-27 SECTION 4.05. Section 36.10(a), Penal Code, is amended to
20-1 read as follows:
20-2 (a) Sections 36.08 (Gift to Public Servant) and 36.09
20-3 (Offering Gift to Public Servant) of this code do not apply to:
20-4 (1) a fee prescribed by law to be received by a public
20-5 servant or any other benefit to which the public servant is
20-6 lawfully entitled or for which he gives legitimate consideration in
20-7 a capacity other than as a public servant;
20-8 (2) a gift or other benefit conferred on account of
20-9 kinship or a personal, professional, or business relationship
20-10 independent of the official status of the recipient; or
20-11 (3) a benefit to a public servant required to file a
20-12 statement under Chapter 421, Acts of the 63rd Legislature, Regular
20-13 Session, 1973 (Article 6252-9b, Vernon's Texas Civil Statutes), or
20-14 a report under Title 15, Election Code, that is derived from a
20-15 function in honor or appreciation of the recipient if:
20-16 (A) the benefit and the source of any benefit in
20-17 excess of $50 is reported in the statement; and
20-18 (B) the benefit is used solely to defray the
20-19 expenses that accrue in the performance of duties or activities in
20-20 connection with the office which are nonreimbursable by the state
20-21 or political subdivision;
20-22 (4) a political contribution as defined by Title 15,
20-23 Election Code; <or>
20-24 (5) a gift, award, or memento to a member of the
20-25 legislative or executive branch that is required to be reported
20-26 under Chapter 305, Government Code; or
20-27 (6) an item with a value of less than $50, excluding
21-1 cash or a negotiable instrument as described by Section 3.104,
21-2 Business & Commerce Code, and it subsequent amendments.
21-3 SECTION 4.06. Section 39.01, Penal Code, is amended by
21-4 adding Subsection (d) to read as follows:
21-5 (d) A discount or award given for travel, such as frequent
21-6 flyer miles, rental car or hotel discounts, or food coupons, are
21-7 not things of value belonging to the government for purposes of
21-8 this section as long as the public servant engaging in the travel
21-9 complies with any laws, rules, or ordinances applicable to that
21-10 travel.
21-11 SECTION 4.07. (a) The change in law made by this article
21-12 applies only to an offense committed on or after the effective date
21-13 of this Act. For purposes of this section, an offense is committed
21-14 before the effective date of this Act if any element of the offense
21-15 occurs before the effective date.
21-16 (b) An offense committed before the effective date of this
21-17 Act is covered by the law in effect when the offense was committed,
21-18 and the former law is continued in effect for that purpose.
21-19 ARTICLE 5
21-20 SECTION 5.01. Sections 251.001(4), (9), (12), and (14),
21-21 Election Code, are amended to read as follows:
21-22 (4) "Officeholder contribution" means a contribution
21-23 to an officeholder or political committee that is offered or given
21-24 with the intent that it be used to defray expenses that:
21-25 (A) are incurred by the officeholder in
21-26 performing a duty or engaging in an activity in connection with the
21-27 office; and
22-1 (B) are not actually reimbursed <reimbursable>
22-2 with public money.
22-3 (9) "Officeholder expenditure" means an expenditure
22-4 made by any person to defray expenses that:
22-5 (A) are incurred by an officeholder in
22-6 performing a duty or engaging in an activity in connection with the
22-7 office; and
22-8 (B) are not actually reimbursed <reimbursable>
22-9 with public money.
22-10 (12) "Political committee" means a group of persons
22-11 that has as a principal purpose accepting political contributions
22-12 or making political expenditures. The term does not include a
22-13 group of candidates or officeholders all of whom are otherwise
22-14 required to report under this title.
22-15 (14) "General-purpose committee" means a political
22-16 committee that has among its principal purposes:
22-17 (A) supporting or opposing:
22-18 (i) two or more candidates who are
22-19 unidentified or are seeking offices that are unknown; or
22-20 (ii) one or more issues <measures> that
22-21 are unidentified; or
22-22 (B) assisting two or more officeholders who are
22-23 unidentified.
22-24 SECTION 5.02. Section 252.001, Election Code, is amended to
22-25 read as follows:
22-26 Sec. 252.001. Appointment of Campaign Treasurer Required.
22-27 Except as provided by Section 254.1811, each <Each> candidate and
23-1 each political committee shall appoint a campaign treasurer as
23-2 provided by this chapter.
23-3 SECTION 5.03. Section 253.031, Election Code, is amended to
23-4 read as follows:
23-5 Sec. 253.031. Contribution and Expenditure Without Campaign
23-6 Treasurer Prohibited. (a) A candidate may not knowingly accept a
23-7 campaign contribution or make or authorize a campaign expenditure
23-8 at a time when a campaign treasurer appointment for the candidate
23-9 is not in effect.
23-10 (b) A political committee may not knowingly accept a
23-11 political contribution or make or authorize a political expenditure
23-12 at a time when a campaign treasurer appointment for the committee
23-13 is not in effect.
23-14 (c) A political committee may not knowingly make or
23-15 authorize a campaign contribution or campaign expenditure
23-16 supporting or opposing a candidate for an office specified by
23-17 Section 252.005(1) in a primary or general election unless the
23-18 committee's campaign treasurer appointment has been filed not later
23-19 than the 30th day before the appropriate election day.
23-20 (d) This section does not apply to a political party's
23-21 county executive committee that accepts political contributions or
23-22 makes political expenditures, except that:
23-23 (1) a county executive committee that accepts
23-24 political contributions or makes political expenditures shall
23-25 maintain the records required by Section 254.001; and
23-26 (2) a county executive committee that accepts
23-27 political contributions or makes political expenditures that, in
24-1 the aggregate, exceed $5,000 in a calendar year shall file:
24-2 (A) a campaign treasurer appointment as required
24-3 by Section 252.001 not later than the 15th day after the date that
24-4 amount is exceeded; and
24-5 (B) the reports required by Subchapter F,
24-6 Chapter 254, including in the political committee's first report
24-7 all political contributions accepted and all political expenditures
24-8 made before the effective date of the campaign treasurer
24-9 appointment.
24-10 (e) This section does not apply to an out-of-state political
24-11 committee unless the committee is subject to Chapter 252 under
24-12 Section 251.005.
24-13 (f) This section does not apply to a political committee
24-14 that is not required to appoint a campaign treasurer under
24-15 Section 254.1811.
24-16 (g) A person who violates this section commits an offense.
24-17 An offense under this section is a Class A misdemeanor.
24-18 SECTION 5.04. Section 253.099(a), Election Code, is amended
24-19 to read as follows:
24-20 (a) A corporation or labor organization may make one or more
24-21 expenditures to finance nonpartisan voter registration and
24-22 get-out-the-vote campaigns aimed at the corporation's <its>
24-23 stockholders or the labor organization's members<, as applicable,>
24-24 or at the families of the corporation's <its> stockholders or the
24-25 labor organization's members.
24-26 SECTION 5.05. Section 254.181(a), Election Code, is amended
24-27 to read as follows:
25-1 (a) An opposed candidate <or specific-purpose committee>
25-2 required to file reports under Subchapter C <or E> may file a
25-3 report under this subchapter instead if the candidate <or
25-4 committee> does not intend to accept political contributions that
25-5 in the aggregate exceed $500 or to make political expenditures that
25-6 in the aggregate exceed $500 in connection with the election.
25-7 SECTION 5.06. Subchapter G, Chapter 254, Election Code, is
25-8 amended by adding Section 254.1811 to read as follows:
25-9 Sec. 254.1811. REPORT NOT REQUIRED. A political committee
25-10 is not required to appoint a campaign treasurer or file reports
25-11 under Subchapter E or F if the committee does not intend to accept
25-12 political contributions that in the aggregate exceed $500 or to
25-13 make political expenditures that in the aggregate exceed $500 in
25-14 connection with an election.
25-15 SECTION 5.07. Section 254.182, Election Code, is amended to
25-16 read as follows:
25-17 Sec. 254.182. Declaration of Intent Required. (a) To be
25-18 entitled to file reports under this subchapter, an opposed
25-19 candidate <or specific-purpose committee> must file with the
25-20 campaign treasurer appointment a written declaration of intent not
25-21 to exceed $500 in political contributions or political expenditures
25-22 in the election.
25-23 (b) To be entitled to accept political contributions or make
25-24 political expenditures without appointing a campaign treasurer or
25-25 filing reports under Subchapter E or F, a political committee must
25-26 file a written declaration of intent not to exceed $500 in
25-27 political contributions or political expenditures in the election.
26-1 The declaration of intent must be filed with the authority with
26-2 whom the committee would file a campaign treasurer appointment if
26-3 one were required.
26-4 (c) The declaration of intent must contain a statement that
26-5 the candidate or committee understands that if the $500 maximum for
26-6 contributions and expenditures is exceeded, the candidate or
26-7 committee is required to file reports under Subchapter C, <or> E,
26-8 or F, as applicable.
26-9 SECTION 5.08. Sections 254.183(a) and (b), Election Code,
26-10 are amended to read as follows:
26-11 (a) An opposed candidate or a political <specific-purpose>
26-12 committee that exceeds $500 in political contributions or political
26-13 expenditures in the election shall file reports as required by
26-14 Subchapter C, <or> E, or F, as applicable.
26-15 (b) If a candidate or committee exceeds the $500 maximum
26-16 after the filing deadline prescribed by Subchapter C, <or> E, or F
26-17 for the first report required to be filed under the appropriate
26-18 subchapter, the candidate or committee shall file a report not
26-19 later than 48 hours after the maximum is exceeded.
26-20 SECTION 5.09. Section 254.184, Election Code, is amended to
26-21 read as follows:
26-22 Sec. 254.184. Applicability of Regular Reporting
26-23 Requirements. (a) Subchapter C <or E, as applicable,> applies to
26-24 an opposed candidate <or specific-purpose committee> filing under
26-25 this subchapter to the extent that that <the appropriate>
26-26 subchapter does not conflict with this subchapter.
26-27 (b) A candidate <or committee> filing under this subchapter
27-1 is not required to file any reports of political contributions and
27-2 political expenditures other than the semiannual reports required
27-3 to be filed not later than July 15 and January 15.
27-4 SECTION 5.10. Section 255.001, Election Code, is amended to
27-5 read as follows:
27-6 Sec. 255.001. Required Disclosure on Political Advertising.
27-7 (a) A person may not knowingly enter into a contract or other
27-8 agreement to print, publish, or broadcast political advertising
27-9 that does not indicate in the advertising:
27-10 (1) that it is political advertising;
27-11 (2) the full name of either the individual who
27-12 personally entered into the contract or agreement with the printer,
27-13 publisher, or broadcaster or the person that individual represents;
27-14 <and>
27-15 (3) in the case of advertising that is printed or
27-16 published, the address of either the individual who personally
27-17 entered into the agreement with the printer or publisher or the
27-18 person that individual represents; and
27-19 (4) the name of the person who paid for the political
27-20 advertising if different than the name of the individual who
27-21 personally entered into the contract or agreement.
27-22 (b) This section does not apply to tickets or invitations to
27-23 political fund-raising events or to campaign buttons, pins, hats,
27-24 or similar campaign materials.
27-25 (c) For purposes of this section, political advertising is
27-26 "paid for":
27-27 (1) in the case of advertising purchased with funds
28-1 provided by an individual, by the individual; or
28-2 (2) in the case of advertising purchased with funds
28-3 provided by a political committee, by the campaign treasurer of the
28-4 committee.
28-5 (d) A person who violates this section commits an offense.
28-6 An offense under this section is a Class A misdemeanor.
28-7 SECTION 5.11. The change in law made by Section 5.03 of this
28-8 Act applies only to an offense committed on or after the effective
28-9 date of this Act. An offense committed before that date is covered
28-10 by the law in effect when the offense occurred, and that law is
28-11 continued in effect for this purpose.
28-12 SECTION 5.12. The change in law made by Section 5.10 of this
28-13 Act applies only to a contract or other agreement entered into on
28-14 or after September 1, 1993. A contract or agreement entered into
28-15 before that date is covered by the law in effect on the date the
28-16 contract or agreement was entered into, and that law is continued
28-17 in effect for this purpose.
28-18 ARTICLE 6
28-19 SECTION 6.01. This Act takes effect September 1, 1993.
28-20 SECTION 6.02. The importance of this legislation and the
28-21 crowded condition of the calendars in both houses create an
28-22 emergency and an imperative public necessity that the
28-23 constitutional rule requiring bills to be read on three several
28-24 days in each house be suspended, and this rule is hereby suspended.