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.