By Naishtat H.B. No. 3140 76R5337 ESH-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to participation in certain decisions by state officers; 1-3 providing a criminal penalty. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subchapter C, Chapter 572, Government Code, is 1-6 amended by adding Section 572.059 to read as follows: 1-7 Sec. 572.059. ACTION ON DECISION INVOLVING CERTAIN CAMPAIGN 1-8 CONTRIBUTORS PROHIBITED; CRIMINAL OFFENSE. (a) This section 1-9 applies only to a state officer who, in connection with the most 1-10 recent election cycle, accepted political contributions that in the 1-11 aggregate exceed $1,000 from a person who will be directly affected 1-12 by a measure or proposal under consideration by the state officer. 1-13 This section does not apply to the governor, a member of the 1-14 legislature, or a member of the judicial branch. For purposes of 1-15 this section, a person will be directly affected by a measure or 1-16 proposal if the measure or proposal: 1-17 (1) affects a license, registration, or certificate 1-18 issued to the person by a state agency; 1-19 (2) involves a contract between a state agency and the 1-20 person or a business entity in which the person has a substantial 1-21 interest; or 1-22 (3) will have an effect on the person or on a business 1-23 entity in which the person has a substantial interest that is 1-24 readily distinguishable from its effect on the public. 2-1 (b) A state officer who accepted political contributions 2-2 described by Subsection (a) and who is, for purposes of the 2-3 measure or proposal, a member of a board or commission shall 2-4 publicly disclose the fact to the board or commission in a meeting 2-5 called and held in compliance with Chapter 551. The officer may 2-6 not vote or otherwise participate in the decision. 2-7 (c) A state officer who accepted political contributions 2-8 described by Subsection (a) and who is not, for purposes of the 2-9 measure or proposal, a member of a board or commission may not 2-10 participate in the decision and shall advise the governor in 2-11 writing of the officer's interest. The officer, with the 2-12 governor's written approval, shall designate a person in the 2-13 officer's agency to make the decision. The officer's written 2-14 statement and the governor's approval of the designated person must 2-15 be published in the Texas Register. 2-16 (d) A person who violates this section commits an offense. 2-17 An offense under this section is a Class A misdemeanor. 2-18 (e) In this section: 2-19 (1) "In connection with an election cycle" means: 2-20 (A) with regard to a political contribution that 2-21 is designated in writing for a particular election, the election 2-22 cycle that includes the election designated; or 2-23 (B) with regard to a political contribution that 2-24 is not designated in writing for a particular election or that is 2-25 designated as an officeholder contribution, the election cycle 2-26 that includes the next election for that office occurring after the 2-27 contribution is made. 3-1 (2) "Most recent election cycle" means the most recent 3-2 general primary election, runoff primary election, if any, and 3-3 general election for state and county officers. 3-4 (3) "Political contribution" has the meaning assigned 3-5 by Section 251.001, Election Code. 3-6 SECTION 2. This Act takes effect September 1, 1999. 3-7 SECTION 3. Section 572.059, Government Code, as added by 3-8 this Act, applies only to a political contribution accepted on or 3-9 after September 1, 1999. A political contribution accepted before 3-10 September 1, 1999, is governed by the law in effect at the time the 3-11 contribution was accepted and is not, for purposes of Section 3-12 572.059, Government Code, as added by this Act, aggregated with 3-13 political contributions accepted on or after September 1, 1999. 3-14 SECTION 4. The importance of this legislation and the 3-15 crowded condition of the calendars in both houses create an 3-16 emergency and an imperative public necessity that the 3-17 constitutional rule requiring bills to be read on three several 3-18 days in each house be suspended, and this rule is hereby suspended.