By: Huffines S.B. No. 1683
 
 
 
   
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the retention of unexpended political contributions by
  and certain activities and benefits of certain public servants,
  including current and former members of the legislature.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter H, Chapter 254, Election Code, is
  amended by adding Section 254.2031 to read as follows:
         Sec. 254.2031.  RETENTION OF CONTRIBUTIONS BY LOBBYISTS. A
  person who is required to register under Chapter 305, Government
  Code, may not retain political contributions covered by this title,
  assets purchased with the contributions, or interest and other
  income earned on the contributions for more than 30 days after the
  date the person files a registration with the commission under
  Section 305.005, Government Code.
         SECTION 2.  Section 254.204(a), Election Code, is amended to
  read as follows:
         (a)  At the end of the six-year period prescribed by Section
  254.203 or the 30-day period prescribed by Section 254.2031, the
  former officeholder or candidate shall remit any unexpended
  political contributions to one or more of the following:
               (1)  the political party with which the person was
  affiliated when the person's name last appeared on a ballot;
               (2)  a candidate or political committee;
               (3)  the comptroller for deposit in the state treasury;
               (4)  one or more persons from whom political
  contributions were received, in accordance with Subsection (d);
               (5)  a recognized charitable organization formed for
  educational, religious, or scientific purposes that is exempt from
  taxation under Section 501(c)(3), Internal Revenue Code of 1986,
  and its subsequent amendments; or
               (6)  a public or private postsecondary educational
  institution or an institution of higher education as defined by
  Section 61.003(8), Education Code, solely for the purpose of
  assisting or creating a scholarship program.
         SECTION 3.  Section 254.205(a), Election Code, is amended to
  read as follows:
         (a)  Not later than the 30th day after the date the six-year
  period prescribed by Section 254.203 ends or the 30-day period
  prescribed by Section 254.2031 ends, the person required to dispose
  of unexpended political contributions shall file a report of the
  disposition.
         SECTION 4.  Section 572.021, Government Code, is amended to
  read as follows:
         Sec. 572.021.  FINANCIAL STATEMENT REQUIRED. Except as
  provided by Section 572.0211, a state officer, a partisan or
  independent candidate for an office as an elected officer, and a
  state party chair shall file with the commission a verified
  financial statement complying with Sections 572.022 through
  572.0254 [572.0252].
         SECTION 5.  Subchapter B, Chapter 572, Government Code, is
  amended by adding Section 572.0254 to read as follows:
         Sec. 572.0254.  INFORMATION ABOUT BENEFICIAL LAWS. (a)  A
  member of the legislature or a person who holds a statewide elected
  office shall report on the financial statement each law that was
  enacted by the legislature during the preceding calendar year that
  directly benefited a specific transaction of a business entity in
  which the member or officeholder, the member's or officeholder's
  spouse, or a person related to the member or officeholder within the
  first degree by consanguinity has a controlling interest.
         (b)  In this section, "controlling interest" has the meaning
  assigned by Section 572.053(b).
         SECTION 6.  Subchapter C, Chapter 572, Government Code, is
  amended by adding Sections 572.064, 572.065, 572.066, 572.067, and
  572.068 to read as follows:
         Sec. 572.064.  CURRENT AND FORMER LEGISLATORS AND STATEWIDE
  ELECTED OFFICEHOLDERS:  CERTAIN EMPLOYMENT AND CONTRACTING
  PROHIBITED.  (a)  A member of the legislature, a person who holds a
  statewide elected office, or a business entity in which a member of
  the legislature or a person who holds a statewide elected office has
  a controlling interest may not employ or contract with another
  person who is a member of the legislature or who holds a statewide
  elected office or another business entity in which a member of the
  legislature or a person who holds a statewide elected office has a
  controlling interest.
         (b)  A former member of the legislature, a person who
  formerly held a statewide elected office, or a business entity in
  which a former member of the legislature or a person who formerly
  held a statewide elected office has a controlling interest may not,
  before the second anniversary of the date the last term for which
  the former member or officeholder was elected or appointed ends,
  employ or contract with a member of the legislature, a person who
  holds a statewide elected office, or a business entity in which a
  member of the legislature or a person who holds a statewide elected
  office has a controlling interest.
         (c)  In this section, "controlling interest" has the meaning
  assigned by Section 572.053(b).
         Sec. 572.065.  CURRENT AND FORMER LEGISLATORS AND STATEWIDE
  ELECTED OFFICEHOLDERS:  CERTAIN REPRESENTATION PROHIBITED.  
  (a)  Except as provided by Subsection (c), a member of the
  legislature or a person who holds a statewide elected office may not
  represent for a fee or compensation or the promise of a fee or
  compensation a department, commission, board, office, or other
  agency in the legislative, executive, or judicial branch of state
  government, a university system or an institution of higher
  education as defined by Section 61.003, Education Code, a county, a
  municipality, a public school district, any other political
  subdivision of this state, or the federal government.
         (b)  A former member of the legislature or a person who
  formerly held a statewide elected office may not, before the second
  anniversary of the date the last term for which the former member or
  officeholder was elected or appointed ends, represent for a fee or
  compensation or the promise of a fee or compensation a department,
  commission, board, office, or other agency in the legislative,
  executive, or judicial branch of state government, a university
  system or an institution of higher education as defined by Section
  61.003, Education Code, a county, a municipality, a public school
  district, any other political subdivision of this state, or the
  federal government.
         (c)  The prohibition in Subsection (a) does not apply to any
  representation by a member of the legislature or person who holds a
  statewide elected office who is acting in the member's or
  officeholder's official capacity.
         Sec. 572.066.  FORMER LEGISLATOR OR FORMER STATEWIDE ELECTED
  OFFICEHOLDER:  LOBBYING PROHIBITED.  A former member of the
  legislature or a person who formerly held a statewide elected
  office may not, before the second anniversary of the first day of
  the month following the date the last term for which the former
  member or officeholder was elected or appointed ends, engage in
  activities that require registration under Chapter 305.
         Sec. 572.067.  FORMER LEGISLATOR OR FORMER STATEWIDE ELECTED
  OFFICEHOLDER:  CERTAIN EMPLOYMENT PROHIBITED.  A former member of
  the legislature or a person who formerly held a statewide elected
  office may not, before the second anniversary of the date the last
  term for which the former member or officeholder was elected or
  appointed ends, be employed by a department, commission, board,
  office, or other agency in the legislative, executive, or judicial
  branch of state government, a university system or an institution
  of higher education as defined by Section 61.003, Education Code, a
  county, a municipality, a public school district, any other
  political subdivision of this state, or the federal government.
         SECTION 7.  Section 814.103, Government Code, is amended by
  amending Subsection (a) and adding Subsection (c) to read as
  follows:
         (a)  Except as provided by Subsections [Subsection] (b) and
  (c), the standard service retirement annuity for service credited
  in the elected class of membership is an amount equal to the number
  of years of service credit in that class, times two percent of the
  state salary, excluding longevity pay payable under Section
  659.0445 and as adjusted from time to time, being paid a district
  judge.
         (c)  The standard service retirement annuity for a person who
  is first eligible to become a member of the elected class on or
  after September 1, 2015, is an amount equal to the number of years
  of service credit in that class, not to exceed 12 years of service
  credit, times two percent of $125,000.
         SECTION 8.  Section 254.2031, Election Code, as added by
  this Act, applies only to a lobbyist who files a registration or
  renewal with the Texas Ethics Commission under Section 305.005,
  Government Code, on or after December 1, 2015.
         SECTION 9.  Sections 571.021 and 572.023, Government Code,
  as amended by this Act, and Section 572.0254, Government Code, as
  added by this Act, apply only to a financial statement filed under
  Subchapter B, Chapter 572, Government Code, on or after January 1,
  2017. A financial statement filed before January 1, 2017, is
  governed by the law in effect on the date of filing, and the former
  law is continued in effect for that purpose.
         SECTION 10.  Sections 572.064(b), 572.065(b), 572.066, and
  572.067, Government Code, as added by this Act, apply only to a
  member of the legislature or a person who holds a statewide elected
  office who ceases to be a member or who ceases to hold that office on
  or after the effective date of this Act.
         SECTION 11.  This Act takes effect September 1, 2015.