BILL ANALYSIS

C.S.S.B. 505

By: Taylor, Van

General Investigating & Ethics

Committee Report (Substituted)

BACKGROUND AND PURPOSE

Interested parties express concern relating to the use by certain elected officials required to register under the lobby law of campaign donations for certain political expenditures immediately following retirement from public office. C.S.S.B. 505 seeks to provide for restrictions on lobbyist expenditures from certain political contributions.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

C.S.S.B. 505 amends the Government Code to prohibit a person required to register under statutory provisions relating to lobbyist registration from knowingly making or authorizing, at any time following the date the last term for which the person was elected ends, a political expenditure that is a political contribution to another candidate, officeholder, or political committee from political contributions accepted by the person as a candidate or officeholder. The bill expressly does not prohibit a person from making a political contribution or political expenditure in support of the person's own candidacy. The bill applies to an expenditure made on or after January 8, 2019, from funds accepted as a political contribution, regardless of the date the funds were accepted.

EFFECTIVE DATE

January 8, 2019.

COMPARISON OF SENATE ENGROSSED AND SUBSTITUTE

While C.S.S.B. 505 may differ from the engrossed in minor or nonsubstantive ways, the following comparison is organized and formatted in a manner that indicates the substantial differences between the engrossed and committee substitute versions of the bill.

SENATE ENGROSSED	HOUSE COMMITTEE SUBSTITUTE
SECTION 1.  Subchapter B, Chapter 305, Government Code, is amended by adding Section 305.029 to read as follows: Sec. 305.029.  EXPENDITURES FROM POLITICAL CONTRIBUTIONS RESTRICTED.  (a)  In this section, "political contribution," "political committee," and "political expenditure" have the meanings assigned by Section 251.001, Election Code. (b)  Notwithstanding any other provision of law, a person required to register under this chapter may not, before the second anniversary of the date the last term for which the person was elected ends, knowingly make or authorize, from political contributions accepted by the person as a candidate or officeholder, a political expenditure that is a political contribution to a candidate, officeholder, or political committee.	SECTION 1.  Subchapter B, Chapter 305, Government Code, is amended by adding Section 305.029 to read as follows: Sec. 305.029.  EXPENDITURES FROM POLITICAL CONTRIBUTIONS RESTRICTED.  (a)  In this section, "political contribution," "political committee," and "political expenditure" have the meanings assigned by Section 251.001, Election Code. (b)  Notwithstanding any other provision of law, a person required to register under this chapter may not, at any time following the date the last term for which the person was elected ends, knowingly make or authorize, from political contributions accepted by the person as a candidate or officeholder, a political expenditure that is a political contribution to another candidate, officeholder, or political committee. (c)  This section does not prohibit a person from making a political contribution or political expenditure in support of the person's own candidacy.
SECTION 2.  Section 305.029, Government Code, as added by this Act, applies to an expenditure made on or after January 8, 2019, from funds accepted as a political contribution, regardless of the date the funds were accepted.	SECTION 2. Same as engrossed version.
SECTION 3.  This Act takes effect January 8, 2019.	SECTION 3. Same as engrossed version.