85S10161 ATP-D
 
  By: Larson H.B. No. 238
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to restrictions on certain contributions by persons
  appointed to public office by the governor; creating a criminal
  offense.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 601, Government Code, is amended by
  adding Section 601.012 to read as follows:
         Sec. 601.012.  CERTAIN DONORS INELIGIBLE FOR GUBERNATORIAL
  APPOINTMENTS; CONTRIBUTIONS BY GUBERNATORIAL APPOINTEES
  RESTRICTED. (a) In this section:
               (1)  "Communicates directly with," "matter," "member
  of the executive branch," and "member of the legislative branch"
  have the meanings assigned by Section 305.002.
               (2)  "Political contribution" and "specific-purpose
  committee" have the meanings assigned by Section 251.001, Election
  Code.
         (b)  An individual is ineligible to serve as an officer
  appointed by the governor if during the year preceding the date of
  appointment the individual made political contributions that in the
  aggregate exceeded $2,500 to:
               (1)  the governor; or
               (2)  a specific-purpose committee supporting the
  governor as a candidate or assisting the governor as an
  officeholder.
         (c)  An individual serving as an officer appointed by the
  governor may not during any single year in which the individual
  serves in that office make political contributions that in the
  aggregate exceed $2,500 to the governor or a specific-purpose
  committee supporting the governor as a candidate or assisting the
  governor as an officeholder. An individual who violates this
  section is liable in damages to this state in the amount of triple
  the amount of contributions in a single year that exceed the limit
  prescribed by this subsection.
         (d)  For purposes of Subsection (b) or (c), a political
  contribution made by the spouse or dependent child of an individual
  or a political contribution from an organization made in the
  individual's name and with the individual's consent is considered
  to be a contribution made by the individual.
         (e)  Before taking office, an individual appointed by the
  governor must sign an attestation that during the year preceding
  the appointment the individual, the individual's spouse or
  dependent child, and an organization in the individual's name and
  with the individual's consent did not make political contributions
  exceeding $2,500 to the governor or a specific-purpose committee
  supporting the governor as a candidate or assisting the governor as
  an officeholder.
         (f)  Before taking office, an individual appointed by the
  governor must sign an attestation that the individual or a business
  entity acting at the direction of the individual will not
  compensate a person required to register as a lobbyist under
  Chapter 305 for communicating directly with a member of the
  legislative or executive branch on a matter affecting the officer's
  state agency and will comply with any political contribution limits
  under Subsection (b). An individual appointed by the governor who
  or a business entity acting at the direction of the individual that
  violates an attestation under this subsection, or a person required
  to register as a lobbyist under Chapter 305 who accepts
  compensation made in violation of an attestation under this
  subsection, commits an offense. An offense under this subsection
  is a Class A misdemeanor.
         SECTION 2.  Section 601.012, Government Code, as added by
  this Act, applies to an appointment made on or after the effective
  date of this Act.
         SECTION 3.  This Act takes effect December 1, 2017.