By Haywood S.B. No. 1242
74R6356 ESH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to certain state-paid travel and the use of state-owned
1-3 aircraft by certain state officers and employees.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 660, Government Code, is amended by
1-6 adding Subchapter D to read as follows:
1-7 SUBCHAPTER D. TRAVEL BY CANDIDATES
1-8 Sec. 660.081. ADVANCE PAYMENT OR REIMBURSEMENT FOR TRAVEL BY
1-9 CERTAIN CANDIDATES PROHIBITED. (a) Except as provided by Section
1-10 660.082, a state agency or legislative committee may not approve an
1-11 advance payment for projected expenses by a state officer or
1-12 employee for travel occurring during the period:
1-13 (1) beginning on the 90th day before the date of an
1-14 election in which the officer or employee is a candidate for state
1-15 or federal office; and
1-16 (2) ending on the date of the election.
1-17 (b) Except as provided by Section 660.082, a state officer
1-18 or employee to whom Subsection (a) applies is not entitled to
1-19 reimbursement by a state agency or legislative committee for
1-20 expenses for travel occurring during the period prescribed by
1-21 Subsection (a).
1-22 Sec. 660.082. APPROVAL BY TEXAS ETHICS COMMISSION. (a) A
1-23 state officer or employee who is not entitled to advance payment or
1-24 reimbursement for travel expenses under Section 660.081 may apply
2-1 to the Texas Ethics Commission for approval of those expenses.
2-2 (b) Not later than the 45th day after the date the officer
2-3 or employee applies for approval under Subsection (a), the
2-4 commission shall hold a hearing. The commission may approve the
2-5 expenses only if the officer or employee shows that the travel is
2-6 not or was not for political purposes.
2-7 SECTION 2. Chapter 2205, Government Code, is amended by
2-8 adding Subchapter C to read as follows:
2-9 SUBCHAPTER C. USE OF STATE AIRCRAFT BY CANDIDATES
2-10 Sec. 2205.071. USE BY CERTAIN CANDIDATES PROHIBITED. Except
2-11 as provided by Section 2205.072 or 2205.073, the board may not
2-12 provide aircraft transportation to a state officer or employee for
2-13 travel occurring during the period:
2-14 (1) beginning on the 90th day before the date of an
2-15 election in which the officer or employee is a candidate for state
2-16 or federal office; and
2-17 (2) ending on the date of the election.
2-18 Sec. 2205.072. APPROVAL BY TEXAS ETHICS COMMISSION. (a) A
2-19 state officer or employee who is prohibited under Section 2205.071
2-20 from using state-owned aircraft may apply to the Texas Ethics
2-21 Commission for approval of the transportation.
2-22 (b) Not later than the 45th day after the date the officer
2-23 or employee applies for approval under Subsection (a), the
2-24 commission shall hold a hearing. The commission may approve the
2-25 use of state-owned aircraft only if the officer or employee shows
2-26 that the travel is not for political purposes.
2-27 Sec. 2205.073. EXCEPTION FOR EMERGENCY TRAVEL. (a) A state
3-1 officer or employee who is prohibited under Section 2205.071 from
3-2 using state-owned aircraft may use state-owned aircraft for
3-3 emergency travel.
3-4 (b) Immediately after providing aircraft transportation to a
3-5 state officer or employee to whom Section 2205.071 applies, the
3-6 board shall notify the Texas Ethics Commission.
3-7 (c) Not later than the 45th day after the date the board
3-8 notifies the commission under Subsection (b), the commission shall
3-9 hold a hearing on approval of the transportation. The commission
3-10 may approve the use of state-owned aircraft only if the officer or
3-11 employee shows that the travel was not for political purposes.
3-12 (d) If the commission determines that the travel was for
3-13 political purposes, the state officer or employee is civilly liable
3-14 to the state for the costs incurred by the state for the use of the
3-15 aircraft.
3-16 Sec. 2205.074. NOTICE BY SECRETARY OF STATE. (a) Not later
3-17 than the 120th day before a primary election, the secretary of
3-18 state shall provide the board with a list of each state officer or
3-19 employee who is a candidate in the election for a state or federal
3-20 office. The secretary shall provide the board with any additional
3-21 names not later than the 15th day after the date an application for
3-22 a place on the ballot or for nomination by convention is required
3-23 to be filed.
3-24 (b) Not later than the 120th day before the general election
3-25 for state and county officers, the secretary of state shall provide
3-26 the board with a list of each state officer or employee who is a
3-27 candidate in the election for a state or federal office. The
4-1 secretary shall provide the board with any additional names not
4-2 later than the 50th day before election day.
4-3 (c) Not later than the third day after the date an
4-4 application for a place on the ballot is required to be filed in a
4-5 special election to fill a vacancy in the legislature or the United
4-6 States Congress, the secretary of state shall provide the board
4-7 with a list of each state officer or employee who is a candidate in
4-8 the election.
4-9 (d) Not later than the third day after the date of the final
4-10 canvass for a primary election for state office or a special
4-11 election to fill a vacancy in the legislature or the United States
4-12 Congress for which a runoff election is required, the secretary of
4-13 state shall provide the board with a list of each state officer or
4-14 employee who is a candidate in the runoff election.
4-15 (e) The secretary of state may include a state officer's or
4-16 employee's name on a list under this section based on:
4-17 (1) an application for a place on the ballot or for
4-18 nomination by convention;
4-19 (2) a list of candidates received from an election
4-20 authority;
4-21 (3) a declaration of independent candidacy;
4-22 (4) a declaration of write-in candidacy; or
4-23 (5) an appointment of a campaign treasurer, as
4-24 reported to the secretary of state by the Texas Ethics Commission.
4-25 SECTION 3. Section 571.061(a), Government Code, is amended
4-26 to read as follows:
4-27 (a) The commission shall administer and enforce:
5-1 (1) Chapters 302, 305, and 572; <and>
5-2 (2) Subchapter D, Chapter 660;
5-3 (3) Subchapter C, Chapter 2205; and
5-4 (4) Title 15, Election Code.
5-5 SECTION 4. This Act takes effect September 1, 1995, and
5-6 applies only to travel by a state officer or employee that occurs
5-7 on or after that date.
5-8 SECTION 5. The importance of this legislation and the
5-9 crowded condition of the calendars in both houses create an
5-10 emergency and an imperative public necessity that the
5-11 constitutional rule requiring bills to be read on three several
5-12 days in each house be suspended, and this rule is hereby suspended.