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.