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A BILL TO BE ENTITLED
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AN ACT
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relating to certain restrictions on contributions and expenditures |
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from political funds by a lobbyist; providing penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 253, Election Code, is |
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amended by adding Section 253.006 to read as follows: |
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Sec. 253.006. CERTAIN CONTRIBUTIONS AND EXPENDITURES BY |
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LOBBYISTS RESTRICTED. (a) In this section, "administrative |
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action," "communicates directly with," "legislation," "member of |
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the executive branch," and "member of the legislative branch" have |
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the meanings assigned by Section 305.002, Government Code. |
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(b) Notwithstanding any other provision of law and except as |
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provided by Subsection (c), a person required to register under |
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Chapter 305, Government Code, during a regular session of the |
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legislature may not, during the period beginning on the date that |
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regular legislative session convenes and ending on the date the |
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next regular legislative session convenes, knowingly make or |
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authorize a political contribution or political expenditure from |
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political contributions accepted by the person as a candidate or |
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officeholder. |
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(c) Subsection (b) does not apply to a person who: |
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(1) communicates directly with a member of the |
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legislative or executive branch only to influence legislation or |
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administrative action on behalf of: |
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(A) a nonprofit organization; |
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(B) a group of low-income individuals; or |
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(C) a group of individuals with disabilities; |
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and |
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(2) does not receive compensation other than |
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reimbursement for actual expenses for engaging in communication |
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described by Subdivision (1). |
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(d) A person who violates this section commits an offense. |
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An offense under this section is a Class A misdemeanor. |
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SECTION 2. Subchapter B, Chapter 305, Government Code, is |
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amended by adding Section 305.029 to read as follows: |
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Sec. 305.029. EXPENDITURES FROM POLITICAL CONTRIBUTIONS |
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RESTRICTED. (a) In this section, "political contribution" has the |
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meaning assigned by Section 251.001, Election Code. |
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(b) Notwithstanding any other provision of law and except as |
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provided by Subsection (c), a person required to register under |
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this chapter during a regular session of the legislature may not, |
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during the period beginning on the date that regular legislative |
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session convenes and ending on the date the next regular |
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legislative session convenes, knowingly make or authorize an |
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expenditure under this chapter from political contributions |
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accepted by the person as a candidate or officeholder. |
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(c) Subsection (b) does not apply to a person who: |
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(1) communicates directly with a member of the |
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legislative or executive branch only to influence legislation or |
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administrative action on behalf of: |
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(A) a nonprofit organization; |
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(B) a group of low-income individuals; or |
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(C) a group of individuals with disabilities; |
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and |
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(2) does not receive compensation other than |
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reimbursement for actual expenses for engaging in communication |
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described by Subdivision (1). |
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SECTION 3. Section 253.006, Election Code, as added by this |
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Act, and Section 305.029, Government Code, as added by this Act, |
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apply to a political contribution, political expenditure, or |
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lobbying expenditure made on or after September 1, 2011, from funds |
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accepted as a political contribution, regardless of the date the |
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funds were accepted. |
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SECTION 4. This Act takes effect September 1, 2011. |