1-1 By: Armbrister S.B. No. 1124 1-2 (In the Senate - Filed March 6, 2001; March 7, 2001, read 1-3 first time and referred to Committee on State Affairs; May 2, 2001, 1-4 reported favorably by the following vote: Yeas 5, Nays 3; 1-5 May 2, 2001, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to solicitation for a charitable organization of or 1-9 benefiting state employees; providing a civil penalty. 1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-11 SECTION 1. Subchapter D, Chapter 35, Business & Commerce 1-12 Code, is amended by adding Section 35.471 to read as follows: 1-13 Sec. 35.471. SOLICITATION FOR CHARITABLE ORGANIZATION OF OR 1-14 BENEFITING STATE EMPLOYEES. (a) An organization that holds itself 1-15 out to be an organization of or benefiting state employees may not 1-16 solicit, directly or through use of an independent solicitor, 1-17 another person to make a charitable contribution unless the 1-18 organization is governed by a board composed only of active or 1-19 retired state employees and active employees constitute a majority 1-20 of the board. 1-21 (b) An organization that holds itself out to be an 1-22 organization of or benefiting a particular group of state employees 1-23 or employees of a particular state agency may not solicit, directly 1-24 or through use of an independent solicitor, another person to make 1-25 a charitable contribution unless the organization is governed by a 1-26 board composed only of active or retired state employees of that 1-27 group or agency, as applicable, and active employees constitute a 1-28 majority of the board. 1-29 (c) An organization that violates Subsection (a) or (b) is 1-30 liable to the state for a civil penalty not to exceed $25,000 for 1-31 each violation. The attorney general may bring an action to 1-32 recover the penalty. 1-33 SECTION 2. This Act takes effect September 1, 2001. 1-34 * * * * *