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A BILL TO BE ENTITLED
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AN ACT
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relating to restrictions on introducing, sponsoring, or voting on |
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measures or bills in which a member of the legislature has certain |
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interests; creating a criminal offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 572.053, Government Code, is amended to |
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read as follows: |
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Sec. 572.053. VOTING BY LEGISLATORS ON CERTAIN MEASURES OR |
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BILLS; CRIMINAL OFFENSE. (a) A member of the legislature may not |
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vote on a measure or a bill, other than a measure or a bill that will |
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affect an entire class of business entities, if a reasonable person |
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would conclude that the measure or bill will [that will directly] |
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benefit [a specific business transaction of] a business entity in |
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which the member or the member's spouse has a controlling interest. |
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(a-1) A member of the legislature may not vote on a measure |
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or a bill, other than a measure or a bill that will affect an entire |
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class of business entities, if a reasonable person would conclude |
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that the measure or bill will benefit a specific business |
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transaction of a business entity that will result in the payment of |
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consideration to the member or the member's spouse. |
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(b) For purposes of [In] this section, a member of the |
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legislature or the member's spouse has a ["]controlling interest in |
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a business entity if [" includes]: |
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(1) the member or the member's spouse has an ownership |
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interest or participating interest by virtue of shares, stock, or |
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otherwise that exceeds 10 percent; |
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(2) the member or the member's spouse serves |
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[membership] on the board of directors or other governing body of |
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the business entity; [or] |
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(3) the member or the member's spouse serves [service] |
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as an officer of the business entity; or |
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(4) the affiliation of the member or the member's |
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spouse with the business entity resulted in the member or the |
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member's spouse receiving a pecuniary gain in an amount equal to or |
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greater than $1,000 over a period of one year. |
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(c) A member of the legislature commits an offense if the |
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member violates this section. An offense under this subsection is a |
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Class A misdemeanor and may be prosecuted in Travis County. |
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SECTION 2. The heading to Section 572.0531, Government |
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Code, is amended to read as follows: |
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Sec. 572.0531. NOTICE REQUIRED FOR INTRODUCTION OR |
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SPONSORSHIP OF OR VOTING ON CERTAIN MEASURES OR BILLS BY |
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LEGISLATORS; CRIMINAL OFFENSE. |
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SECTION 3. Section 572.0531, Government Code, is amended by |
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adding Subsections (a-1) and (e-1) to read as follows: |
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(a-1) A member of the legislature shall file a notice as |
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required by Subsection (b) before introducing, sponsoring, or |
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voting on a measure or bill if the member has a controlling interest |
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in an entity that will be affected by the measure or bill, or if the |
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member receives a pecuniary benefit from the entity through |
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employment, a contract or subcontract, a contingency fee |
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arrangement, a referral fee, or any other type of agreement with the |
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entity. For purposes of this subsection, a member has a controlling |
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interest in a business entity if the member would have a controlling |
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interest in the business entity for purposes of Section 572.053. |
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(e-1) A member of the legislature commits an offense if the |
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member violates Subsection (a-1). An offense under this subsection |
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is a Class A misdemeanor and may be prosecuted in Travis County. |
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SECTION 4. The changes in law made by this Act apply only to |
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a vote on a measure or a bill by a member of the legislature or the |
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filing of a notice by a member of the legislature made on or after |
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the effective date of this Act. |
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SECTION 5. This Act takes effect September 1, 2015. |