By Junell                                             H.B. No. 3065
         77R8850 ESH-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to political contributions to and conflicts of interest of
 1-3     members of governing bodies and employees of state agencies and
 1-4     former members or employees; providing criminal penalties.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Subchapter B, Chapter 253, Election Code, is
 1-7     amended by adding Section 253.040 to read as follows:
 1-8           Sec. 253.040.  POLITICAL CONTRIBUTION TO STATE OFFICER OR
 1-9     EMPLOYEE OR FORMER OFFICER OR EMPLOYEE. (a)  A member of the
1-10     governing body of a state agency or an  employee of a state agency
1-11     may not knowingly accept a political contribution from:
1-12                 (1)  a person who has a substantial interest in a
1-13     business entity that:
1-14                       (A)  is regulated by the agency; or
1-15                       (B)  is a party to an executory contract with the
1-16     agency;
1-17                 (2)  a person related within the first degree by
1-18     consanguinity or affinity, as determined under Chapter 573,
1-19     Government Code, to a person who has a substantial interest in a
1-20     business entity described by Subdivision (1); or
1-21                 (3)  a political committee that is directly
1-22     established, administered, or controlled, in whole or in part, by a
1-23     person who has a substantial interest in a business entity
1-24     described by Subdivision (1).
 2-1           (b)  A person described by Subsection (a)(1), (2), or (3) may
 2-2     not make a political contribution to a person known by the person
 2-3     making the contribution to be a member of the governing body of a
 2-4     state agency or an  employee of a state agency.
 2-5           (c)  A former member of the governing body of a state agency
 2-6     or former employee of a state agency may not, before the second
 2-7     anniversary of the date the person ceased to be a member of the
 2-8     governing body or an employee of the agency, knowingly accept a
 2-9     political contribution from a person described by Subsection
2-10     (a)(1), (2), or (3).
2-11           (d)  During the period prescribed by Subsection (c), a person
2-12     described by Subsection (a)(1), (2), or (3) may not make a
2-13     political contribution to a person known by the person making the
2-14     contribution to be a former member of the governing body of a state
2-15     agency or a former employee of a state agency.
2-16           (e)  For purposes of this section, a political contribution
2-17     to a specific-purpose committee for supporting a person as a
2-18     candidate, opposing the person's opponent, or assisting a person as
2-19     an officeholder is considered to be a contribution to the person.
2-20           (f)  In this section:
2-21                 (1)  "Business entity," "state agency," and "state
2-22     employee" have the meanings assigned by Section 572.002, Government
2-23     Code.
2-24                 (2)  A "substantial interest in a business entity" is
2-25     determined in the manner prescribed by Section 572.005, Government
2-26     Code.
2-27           (g)  A person commits an offense if the person violates this
 3-1     section.  An offense under this section is a Class A misdemeanor.
 3-2           SECTION 2.  Subchapter C, Chapter 572, Government Code, is
 3-3     amended by adding Sections 572.059-572.061 to read as follows:
 3-4           Sec. 572.059.  PROHIBITED CONDUCT; CRIMINAL OFFENSE. (a)  A
 3-5     member of the governing body of a state agency may not:
 3-6                 (1)  accept any employment or remuneration from a
 3-7     person who has a substantial interest in a business entity that:
 3-8                       (A)  is regulated by the agency; or
 3-9                       (B)  is a party to an executory contract with the
3-10     agency;
3-11                 (2)  use the member's official authority to affect the
3-12     result of an election or nomination for public office; or
3-13                 (3)  directly or indirectly coerce, attempt to coerce,
3-14     command, or advise a person to pay, lend, or contribute anything of
3-15     value to another person for political purposes.
3-16           (b)  A member or former member of the governing body of a
3-17     state agency or the spouse of a member or former member of the
3-18     governing body of a state agency may not solicit or accept
3-19     employment from a person regulated by the agency before the second
3-20     anniversary of the date the member ceased to be a member of the
3-21     governing body.
3-22           (c)  A person who violates this section commits an offense.
3-23     An offense under this section is a Class A misdemeanor.
3-24           Sec. 572.060.  GIFT TO STATE OFFICER OR EMPLOYEE OR FORMER
3-25     OFFICER OR EMPLOYEE; CRIMINAL OFFENSE. (a)  A member of the
3-26     governing body of a state agency or an  employee of a state agency
3-27     may not knowingly accept a gift from:
 4-1                 (1)  a person who has a substantial interest in a
 4-2     business entity that:
 4-3                       (A)  is regulated by the agency; or
 4-4                       (B)  is a party to an executory contract with the
 4-5     agency;
 4-6                 (2)  a person related within the first degree by
 4-7     consanguinity or affinity, as determined under Chapter 573, to a
 4-8     person who has a substantial interest in a business entity
 4-9     described by Subdivision (1); or
4-10                 (3)  a political committee, as defined by Section
4-11     251.001, Election Code, that is directly established, administered,
4-12     or controlled, in whole or in part, by a person who has a
4-13     substantial interest in a business entity described by Subdivision
4-14     (1).
4-15           (b)  A person described by Subsection (a)(1), (2), or (3) may
4-16     not make a gift to a person known by the person making the gift to
4-17     be a member of the governing body of a state agency or an  employee
4-18     of a state agency.
4-19           (c)  A former member of the governing body of a state agency
4-20     or former employee of a state agency may not, before the second
4-21     anniversary of the date the person ceased to be a member of the
4-22     governing body or an employee of the agency, knowingly accept a
4-23     gift from a person described by Subsection (a)(1), (2), or (3).
4-24           (d)  During the period prescribed by Subsection (c), a person
4-25     described by Subsection (a)(1), (2), or (3) may not make a gift to
4-26     a person known by the person making the gift to be a former member
4-27     of the governing body of a state agency or former employee of a
 5-1     state agency.
 5-2           (e)  A person commits an offense if the person violates this
 5-3     section.  An offense under this section is a Class A misdemeanor.
 5-4           (f)  In this section, "gift" includes a gratuity, trip, meal,
 5-5     or other thing of value for which the recipient does not compensate
 5-6     the person making the gift.
 5-7           (g)  This section does not apply to a gift that is conferred
 5-8     on account of kinship or a personal, professional, or business
 5-9     relationship independent of the official status of the recipient.
5-10           (h)  To the extent of a conflict between this section and
5-11     Sections 36.01, 36.08, 36.09, and 36.10, Penal Code, this section
5-12     controls.
5-13           Sec. 572.061.  REPRESENTATION BY FORMER OFFICER OR EMPLOYEE;
5-14     CRIMINAL OFFENSE. (a)  A former member of the governing body of a
5-15     state agency or former employee of a state agency may not, before
5-16     the second anniversary of the date the person ceased to be a member
5-17     of the governing body or an employee of the agency, for
5-18     compensation communicate directly with a member of the legislative
5-19     branch to influence legislation on behalf of a person who has a
5-20     substantial interest in a business entity that:
5-21                 (1)  is regulated by the agency; or
5-22                 (2)  is a party to an executory contract with the
5-23     agency.
5-24           (b)  A person commits an offense if the person violates this
5-25     section.  An offense under this section is a Class A misdemeanor.
5-26           SECTION 3. (a)  Section 253.040, Election Code, as added by
5-27     this Act, applies only to a political contribution accepted on or
 6-1     after September 1, 2001.  A political contribution accepted before
 6-2     September 1, 2001, is governed by the law in effect on the date the
 6-3     contribution was accepted, and the former law is continued in
 6-4     effect for that purpose.
 6-5           (b)  Section 572.059, Government Code, as added by this Act,
 6-6     applies only to employment of a member of the governing body of a
 6-7     state agency who holds office on or after September 1, 2001, or
 6-8     such a member's spouse.  The employment of a former member of the
 6-9     governing body of a state agency who left office before September
6-10     1, 2001, or such a member's spouse is governed by the law in effect
6-11     on the date the person left office, and the former law is continued
6-12     in effect for that purpose.
6-13           (c)  Section 572.060, Government Code, as added by this Act,
6-14     applies only to a gift to a member of the governing body of a state
6-15     agency or a state employee or a former member or former employee
6-16     that is accepted on or after September 1, 2001.  A gift to a member
6-17     of the governing body of a state agency or a state employee or a
6-18     former member or former employee that is accepted before September
6-19     1, 2001, is governed by the law in effect on the date the gift was
6-20     accepted, and the former law is continued in effect for that
6-21     purpose.
6-22           (d)  Section 572.061, Government Code, as added by this Act,
6-23     applies only to a communication with a member of the legislative
6-24     branch by a former member of the governing body of a state agency
6-25     or former state employee who holds office or is employed on or
6-26     after September 1, 2001.  A communication with a member of the
6-27     legislative branch by a former member of the governing body of a
 7-1     state agency or former state employee who left office or employment
 7-2     before September 1, 2001, is governed by the law in effect on the
 7-3     date the person left office or employment, and the former law is
 7-4     continued in effect for that purpose.
 7-5           SECTION 4.  This Act takes effect September 1, 2001.