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A BILL TO BE ENTITLED
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AN ACT
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relating to certain conflicts of interest of the commissioner of |
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insurance and employees of the Texas Department of Insurance; |
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requiring registration. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 33, Insurance Code, is amended by adding |
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Section 33.008 to read as follows: |
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Sec. 33.008. PROHIBITION AGAINST ACCEPTANCE OF GIFTS, |
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GRATUITIES, OR OTHER THING OF VALUE; EXCEPTION. (a) Except as |
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provided by Subsections (b) and (d), the commissioner or an |
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employee of the department may not accept a gift, gratuity, or other |
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thing of value, including transportation and travel expenses, from |
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a person who: |
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(1) is employed by or participates in the management |
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of an entity or other organization that is regulated by the |
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department; |
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(2) owns or controls, directly or indirectly, more |
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than a 10 percent interest of a business entity or other |
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organization that is regulated by the department; |
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(3) is related within the second degree of |
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consanguinity to a person described by Subdivision (1) or (2); or |
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(4) is an agent, representative, attorney, employee, |
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officer, owner, director, or partner of an entity, organization, or |
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person described by Subdivision (1), (2), or (3). |
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(b) Notwithstanding any other law, the commissioner or an |
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employee of the department may accept from a person described by |
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Subsection (a)(1), (2), or (4) a gift, gratuity, or other thing of |
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value if: |
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(1) the person is registered under Chapter 305, |
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Government Code; |
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(2) the gift, gratuity, or other thing of value has a |
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value of $50 or less; |
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(3) the registrant states, on the registrant's report |
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under Section 305.006, Government Code: |
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(A) that the gift, gratuity, or other thing of |
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value was given by or on behalf of the registrant to the |
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commissioner or the employee of the department; |
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(B) a general description of the gift, gratuity, |
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or other thing of value; and |
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(C) the amount of the expenditure by appropriate |
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category of amount, as determined by the Texas Ethics Commission; |
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and |
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(4) the gift, gratuity, or other thing of value does |
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not violate Section 36.08 or 36.09, Penal Code, as described by |
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Section 36.10, Penal Code. |
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(c) Notwithstanding Section 305.003, Government Code, a |
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person described by Subsection (a)(1), (2), or (4) shall register |
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with the Texas Ethics Commission under Chapter 305, Government |
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Code, if the person gives to the commissioner or an employee of the |
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department a gift, gratuity, or other thing of value the value of |
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which is $50 or less. |
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(d) The commissioner or an employee of the department may |
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not accept from a person described by Subsection (a)(1), (2), or (4) |
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gifts, gratuities, or other things of value the aggregate value of |
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which exceeds $2,000 during a calendar year. |
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SECTION 2. Section 33.008, Insurance Code, as added by this |
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Act, applies only to a gift, gratuity, or thing of value accepted or |
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given on or after the effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2019. |