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.