80R1915 ESH-F

By: Menendez H.B. No. 392

A BILL TO BE ENTITLED

AN ACT

relating to certain political activities by a labor organization or an affiliate of a labor organization that receives state funds; providing a criminal penalty.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 253.101, Election Code, is amended by adding Subsection (a-1) to read as follows:

(a-1) A political committee assisted by a labor organization under Section 253.100 or directly administered or controlled by a labor organization may not make a political contribution to a candidate for an office in the legislative or executive branch or otherwise support the candidacy of such a person if the labor organization or any entity controlled by the labor organization receives state funds.

SECTION 2. Section 556.001, Government Code, is amended by adding Subdivision (1-a) to read as follows:

(1-a) "Labor organization" has the meaning assigned by Section 251.001, Election Code.

SECTION 3. Chapter 556, Government Code, is amended by adding Section 556.0041 to read as follows:

Sec. 556.0041. SUPPORT OF CANDIDATE BY CERTAIN LABOR ORGANIZATIONS PROHIBITED. (a) A labor organization that receives state funds or an entity controlled by such a labor organization may not use any money under its control, including appropriated money, to finance or support the candidacy of a person for an office in the legislative or executive branch.

(b) A labor organization that violates this section is not eligible to receive additional state funds.

SECTION 4. Section 556.0055, Government Code, is amended by amending Subsection (b) and adding Subsection (a-1) to read as follows:

(a-1) A labor organization that receives state funds or an entity controlled by such a labor organization may not use any money under its control, including appropriated money, to attempt to influence the passage or defeat of a legislative measure.

(b) A political subdivision or private entity that violates this section [Subsection (a)] is not eligible to receive additional state funds.

SECTION 5. Section 253.101, Election Code, as amended by this Act, Section 556.0041, Government Code, as added by this Act, and Section 556.0055, Government Code, as amended by this Act, apply only to an expenditure of funds by a labor organization or an entity controlled by a labor organization that is made on or after the effective date of this Act. An expenditure of funds by a labor organization or an entity controlled by a labor organization that is made before the effective date of this Act is governed by the law in effect on the date the expenditure is made, and the former law is continued in effect for that purpose.

SECTION 6. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2007.