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A BILL TO BE ENTITLED
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AN ACT
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relating to money contributed to the secretary of state for |
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officeholder purposes. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 251.002(a), Government Code, is amended |
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to read as follows: |
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Sec. 251.002. OFFICEHOLDERS COVERED. (a) The provisions |
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of this title applicable to an officeholder apply only to a person |
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who holds an elective public office [and to the secretary of state]. |
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SECTION 2. Section 405.005, Government Code, is amended to |
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read as follows: |
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Sec. 405.005. ACCEPTANCE OF GIFTS, GRANTS, AND DONATIONS; |
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REPORTING; AUDIT. (a) The secretary of state may accept or |
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solicit gifts, grants, and donations of money or property from |
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private persons, foundations, or organizations. Property provided |
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by those entities and money donated to the secretary of state become |
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the property of the state and are under the control of the secretary |
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of state. |
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(a-1) The secretary of state shall use gifts of money made |
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to the secretary of state for the purpose specified by the grantor, |
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if any. All donations accepted shall be used [on behalf of the
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state] for any lawful public purpose related to the office or duties |
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of the secretary of state, including an officeholder expenditure. |
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As used in this section, "officeholder expenditure" has the meaning |
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assigned by Section 251.001(9), Election Code. |
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(b) The secretary of state shall adopt rules to govern the |
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secretary's acceptance of private gifts, grants, and donations to |
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ensure that the use of the money or property supports the secretary |
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of state's primary functions. The secretary of state may decline to |
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accept a gift, grant, or donation that is made for a specific |
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purpose if the secretary of state determines the gift may not be |
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used reasonably or economically for the designated purpose. |
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(c) Money and securities donated to the secretary of state |
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shall be held in trust outside the treasury by the comptroller in a |
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special fund to be known as the secretary of state extraordinary |
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fund. The comptroller shall manage and invest the fund on behalf of |
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the secretary of state as directed or agreed to by the secretary of |
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state. |
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(d) Interest, dividends, and other income of the fund shall |
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be credited to the fund. |
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(e) The secretary of state by rule shall establish an |
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acquisition policy for accepting property and art objects. |
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(f) Notwithstanding any other provision of law, the |
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financial transactions of the secretary of state made out of the |
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fund are subject to annual audit by the state auditor. |
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(g) The secretary of state shall prepare annually a complete |
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and detailed written report accounting for the fund showing all |
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money received and disbursed by the secretary of state during the |
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preceding fiscal year. The annual report must meet the reporting |
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requirements applicable to financial reporting provided in the |
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General Appropriations Act. |
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SECTION 3. If, on the effective date of this Act, the |
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secretary of state has an officeholder account established under |
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Title 15, Election Code, the secretary of state shall terminate the |
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account on the effective date of the Act and remit any unexpended |
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contributions in that account to one or more of the following: |
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(1) the comptroller for deposit to the credit of the |
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secretary of state extraordinary fund established by this Act; |
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(2) one or more persons from whom political |
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contributions were received, in accordance with Section |
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254.204(d), Election Code. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |