79R7497 ESH-D


By:  Nixon, Bailey, Swinford, Keel, Woolley                       H.B. No. 762

Substitute the following for H.B. No. 762:                                    

By:  Denny                                                    C.S.H.B. No. 762



A BILL TO BE ENTITLED

AN ACT

relating to the solicitation by state officers and employees of and 
recommendations regarding contributions to charitable 
organizations and governmental entities.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter C, Chapter 572, Government Code, is 
amended by adding Section 572.060 to read as follows:
	Sec. 572.060.  SOLICITATION OF OR RECOMMENDATIONS REGARDING 
CONTRIBUTIONS TO CHARITABLE ORGANIZATIONS AND GOVERNMENTAL 
ENTITIES.  (a)  A state officer or state employee may:
		(1)  solicit from any person a contribution to:                        
			(A)  an organization that is exempt from income 
taxation under Section 501(a), Internal Revenue Code, by being 
listed under Section 501(c)(3), Internal Revenue Code; or
			(B)  a governmental entity; or                                        
		(2)  recommend to any person that the person make a 
contribution to an organization or entity described by Subdivision 
(1).
	(b)  A monetary contribution solicited or recommended as 
provided by Subsection (a) must:
		(1)  be paid or made directly to the charitable 
organization or governmental entity by the person making the 
contribution;
		(2)  be in the form of a check, money order, or similar 
instrument payable to the charitable organization or governmental 
entity; or
		(3)  be in the form of a deduction from a state 
employee's salary or wage payment under the state employee 
charitable campaign under Subchapter I, Chapter 659.
	(c)  A contribution solicited or recommended as provided by 
Subsection (a) that is not a monetary contribution must be 
delivered directly to the charitable organization or governmental 
entity by the person making the contribution.
	(d)  A contribution paid as provided by Subsection (b) or 
delivered as provided by Subsection (c) is not:
		(1)  a political contribution to, or political 
expenditure on behalf of, the state officer or state employee for 
purposes of Title 15, Election Code;
		(2)  an expenditure for purposes of Chapter 305; or                    
		(3)  a benefit to the state officer or state employee 
for purposes of Sections 36.08 and 36.09, Penal Code.
	SECTION 2.  This Act takes effect September 1, 2005.