81R1285 JRH-D
 
  By: Ellis S.B. No. 142
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to certain restrictions on a person who serves as
  secretary of state.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter A, Chapter 405, Government Code, is
  amended by adding Section 405.002 to read as follows:
         Sec. 405.002.  POLITICAL ACTIVITY PROHIBITED. (a)  The
  secretary of state may not engage in an activity that would aid or
  defeat a candidate or measure.
         (b)  This section does not prevent the secretary of state
  from:
               (1)  carrying out the duties of the office of secretary
  of state;
               (2)  voting; or
               (3)  making a monetary campaign contribution.
         (c)  In this section, "candidate," "measure," and "campaign
  contribution" have the meanings assigned by Section 251.001,
  Election Code.
         SECTION 2.  Section 121.002, Election Code, is amended to
  read as follows:
         Sec. 121.002.  PECUNIARY INTEREST OF SECRETARY OF STATE.  
  (a) The secretary of state may not have a pecuniary interest in the
  manufacturing or marketing of voting system equipment or software
  necessary for the operation of a voting system.
         (b)  The secretary of state may not solicit or accept
  employment from a person who manufactures or markets voting system
  equipment or software necessary for the operation of a voting
  system before the second anniversary of the date on which the
  secretary of state's service ends.
         SECTION 3.  The change in law made by Section 2 of this Act
  applies only to a secretary of state appointed on or after September
  1, 2009.
         SECTION 4.  This Act takes effect September 1, 2009.