86R9637 JG-D
 
  By: Davis of Harris H.B. No. 1876
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the ethics of public servants, including regulations
  related to certain political contributions, lobbying activities,
  reports, and disclosures; creating criminal offenses.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The heading to Section 253.034, Election Code,
  is amended to read as follows:
         Sec. 253.034.  RESTRICTIONS ON CONTRIBUTIONS BEFORE,
  DURING, AND FOLLOWING [REGULAR] LEGISLATIVE SESSION.
         SECTION 2.  Section 253.034, Election Code, is amended by
  adding Subsections (a-1) and (a-2) and amending Subsections (b) and
  (c) to read as follows:
         (a-1)  During the period beginning on the date the governor
  issues a proclamation calling a special legislative session and
  continuing through the date of final adjournment of the special
  legislative session, a person may not knowingly make a political
  contribution to:
               (1)  a statewide officeholder other than the governor;
               (2)  a member of the legislature; or
               (3)  a specific-purpose committee for supporting,
  opposing, or assisting a statewide officeholder other than the
  governor or a member of the legislature.
         (a-2)  During the period beginning on the date the governor
  issues a proclamation calling a special legislative session and
  continuing through the 20th day after the date of final adjournment
  of the special legislative session, a person may not knowingly make
  a political contribution to the governor or a specific-purpose
  committee for supporting, opposing, or assisting the governor.
         (b)  A statewide officeholder, a member of the legislature,
  or a specific-purpose committee for supporting, opposing, or
  assisting a statewide officeholder or member of the legislature may
  not knowingly accept a political contribution, and shall refuse a
  political contribution that is received, during an applicable [the]
  period prescribed by Subsection (a), (a-1), or (a-2). A political
  contribution that is received and refused during that period shall
  be returned to the contributor not later than the 30th day after the
  date of receipt. A contribution made by United States mail or by
  common or contract carrier is not considered received during that
  period if it was properly addressed and placed with postage or
  carrier charges prepaid or prearranged in the mail or delivered to
  the contract carrier before the beginning of the period. The date
  indicated by the post office cancellation mark or the common or
  contract carrier documents is considered to be the date the
  contribution was placed in the mail or delivered to the common or
  contract carrier unless proven otherwise.
         (c)  This section does not apply to a political contribution
  that was made and accepted with the intent that it be used:
               (1)  in an election held or ordered during a [the]
  period prescribed by Subsection (a), (a-1), or (a-2) in which the
  person accepting the contribution is a candidate if the
  contribution was made after the person appointed a campaign
  treasurer with the appropriate authority and before the person was
  sworn in for that office;
               (2)  to defray expenses incurred in connection with an
  election contest; or
               (3)  by a person who holds a state office or a member of
  the legislature if the person or member was defeated at the general
  election held immediately before the session is convened or by a
  specific-purpose political committee that supports or assists only
  that person or member.
         SECTION 3.  Section 254.036(a), Election Code, is amended to
  read as follows:
         (a)  Each report filed under this chapter with an authority
  other than the commission must be in a format prescribed by the
  commission. A report filed with the commission that is not required
  to be filed by computer diskette, modem, or other means of
  electronic transfer must be on a form prescribed by the commission
  and written in black or blue ink or typed with black or blue
  typewriter ribbon or, if the report is a computer printout, the
  printout must conform to the same format and paper size as the form
  prescribed by the commission.
         SECTION 4.  Section 571.061(a), Government Code, is amended
  to read as follows:
         (a)  The commission shall administer and enforce:
               (1)  Chapters 302, 303, 305, 572, 576, and 2004;
               (2)  Subchapter C, Chapter 159, Local Government Code,
  in connection with a county judicial officer, as defined by Section
  159.051, Local Government Code, who elects to file a financial
  statement with the commission;
               (3)  Title 15, Election Code; and
               (4)  Sections 2152.064 and 2155.003.
         SECTION 5.  Section 571.077, Government Code, is amended by
  adding Subsection (d) to read as follows:
         (d)  A person filing by nonelectronic means a statement,
  registration, or report with the commission may use an unsworn
  declaration in the format prescribed by Section 132.001, Civil
  Practice and Remedies Code, instead of an affidavit of
  verification.
         SECTION 6.  Subchapter C, Chapter 572, Government Code, is
  amended by adding Section 572.062 to read as follows:
         Sec. 572.062.  FORMER LEGISLATOR OR STATEWIDE OFFICEHOLDER:
  LOBBYING RESTRICTED; CRIMINAL OFFENSE. (a) In this section,
  "administrative action," "communicates directly with,"
  "legislation," "member of the executive branch," and "member of the
  legislative branch" have the meanings assigned by Section 305.002.
         (b)  Except as provided by Subsection (c), a person who is a
  former member of the legislature or a former holder of an office
  normally filled by statewide election may not engage in activities
  that require registration under Chapter 305 before the first
  anniversary of the first day of the first regular legislative
  session to convene after the date the person ceases to be a member
  of the legislature or statewide officeholder, as applicable.
         (c)  Subsection (b) does not apply to a person who:
               (1)  communicates directly with a member of the
  legislative or executive branch to influence legislation or
  administrative action; and
               (2)  does not receive compensation other than
  reimbursement for actual expenses for a communication described by
  Subdivision (1).
         (d)  A person who violates this section commits an offense.
  An offense under this section is a Class B misdemeanor.
         SECTION 7.  Subtitle B, Title 5, Government Code, is amended
  by adding Chapter 576 to read as follows:
  CHAPTER 576.  CONFLICT OF INTEREST OF STATE AGENCY GOVERNING BOARD
  MEMBER OR OFFICER
         Sec. 576.001.  DEFINITIONS.  In this chapter:
               (1)  "Conflict of interest" means the conflict between
  an official decision made by a state agency governing board member
  or governing officer in the individual's official capacity and the
  individual's private financial interest in which the individual
  realizes any pecuniary gain.
               (2)  "Financial interest" means ownership or control,
  directly or indirectly, of an ownership interest of at least five
  percent in a person, including the right to share in profits,
  proceeds, or capital gains, or an ownership interest that an
  individual could reasonably foresee could result in any financial
  benefit to the individual. The term does not include an interest in
  a retirement plan, a blind trust, insurance coverage, or capital
  gains.
               (3)  "State agency" means a board, commission, council,
  committee, department, office, agency, or other governmental
  entity in the executive branch of state government.
         Sec. 576.002.  DUTY TO DISCLOSE AND REFRAIN FROM
  PARTICIPATION.  (a)  Except as provided by Subsection (b) or (c), in
  each matter before the governing board of a state agency or, if the
  agency is not governed by a multimember governing board, the
  officer who governs the agency, for which a member of the board or
  officer, as applicable, has a conflict of interest, the individual:
               (1)  shall disclose in writing the conflict of interest
  to the agency; and
               (2)  may not participate in the decision on the matter.
         (b)  If a majority of the members of the governing board of a
  state agency has a conflict of interest related to a matter before
  the board or, if the agency is not governed by a multimember
  governing board, the officer who governs the agency has a conflict
  of interest on the matter, the board or officer may decide the
  matter only if:
               (1)  each member, or the officer, as applicable, who
  has a conflict of interest discloses in writing the conflict of
  interest to the agency; and
               (2)  the board, or officer, as applicable, makes a
  finding that an emergency exists that requires a decision on the
  matter despite the conflict of interest.
         (c)  The duty to disclose a conflict of interest and refrain
  from participation in the decision on a matter for a member of the
  governing board of an institution of higher education, as those
  terms are defined by Section 61.003, Education Code, is governed by
  Section 51.923, Education Code.
         Sec. 576.003.  PUBLIC INFORMATION.  A written disclosure
  made under Section 576.002 is public information.
         Sec. 576.004.  REPORT TO TEXAS ETHICS COMMISSION; RULES.  
  (a)  A state agency that receives a written disclosure under Section
  576.002 shall file a copy of the disclosure with the Texas Ethics
  Commission.
         (b)  The Texas Ethics Commission may adopt the rules
  necessary to implement this chapter, including rules on the
  disclosure to be filed with the commission under Subsection (a).
         Sec. 576.005.  CRIMINAL PENALTY.  (a)  An individual commits
  an offense if the individual knowingly fails to comply with Section
  576.002.
         (b)  An offense under this section is a Class B misdemeanor.
         SECTION 8.  Section 253.034, Election Code, as amended by
  this Act, applies only to a political contribution made on or after
  the effective date of this Act.  A political contribution made
  before the effective date of this Act is governed by the law in
  effect on the date the contribution was made, and the former law is
  continued in effect for that purpose.
         SECTION 9.  Section 571.077(d), Government Code, as added by
  this Act, applies only to a statement, registration, or report
  required to be filed with the Texas Ethics Commission that is due on
  or after the effective date of this Act or that is due before the
  effective date of this Act but is filed after the effective date of
  this Act.
         SECTION 10.  Section 572.062, Government Code, as added by
  this Act, applies only to a member of the legislature or statewide
  officeholder who ceases to hold office on or after the effective
  date of this Act.
         SECTION 11.  This Act takes effect September 1, 2019.