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.