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A BILL TO BE ENTITLED
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AN ACT
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relating to the ethics of public officials, including restrictions |
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relating to lobbying and the personal financial statements of |
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public officials; creating a criminal offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 141.001, Election Code, is amended by |
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amending Subsection (a) and adding Subsections (e) and (f) to read |
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as follows: |
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(a) To be eligible to be a candidate for, or elected or |
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appointed to, a public elective office in this state, a person must: |
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(1) be a United States citizen; |
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(2) be 18 years of age or older on the first day of the |
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term to be filled at the election or on the date of appointment, as |
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applicable; |
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(3) have not been determined by a final judgment of a |
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court exercising probate jurisdiction to be: |
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(A) totally mentally incapacitated; or |
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(B) partially mentally incapacitated without the |
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right to vote; |
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(4) have not been finally convicted of a felony from |
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which the person has not been pardoned or otherwise released from |
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the resulting disabilities; |
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(5) have resided continuously in the state for 12 |
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months and in the territory from which the office is elected for six |
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months immediately preceding the following date: |
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(A) for a candidate whose name is to appear on a |
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general primary election ballot, the date of the regular filing |
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deadline for a candidate's application for a place on the ballot; |
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(B) for an independent candidate, the date of the |
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regular filing deadline for a candidate's application for a place |
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on the ballot; |
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(C) for a write-in candidate, the date of the |
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election at which the candidate's name is written in; |
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(D) for a party nominee who is nominated by any |
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method other than by primary election, the date the nomination is |
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made; and |
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(E) for an appointee to an office, the date the |
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appointment is made; |
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(6) on the date described by Subdivision (5), be |
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registered to vote in the territory from which the office is |
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elected; [and] |
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(7) not be required to be registered as a lobbyist |
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under Chapter 305, Government Code; and |
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(8) satisfy any other eligibility requirements |
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prescribed by law for the office. |
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(e) Except as restricted by Section 7.103(c), Education |
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Code, if applicable, Subsection (a)(7) does not apply to: |
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(1) an office of a political subdivision with a |
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population of 150,000 or less, other than the office of presiding |
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officer of the governing body of the political subdivision, |
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provided that the officeholder does not receive a salary or wage for |
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that office; or |
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(2) the office of the presiding officer of the |
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governing body of a political subdivision with a population of |
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50,000 or less, provided that the presiding officer does not |
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receive a salary or wage for that office. |
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(f) For purposes of Subsection (e), a presiding officer or |
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other officeholder is not considered to have received a salary or |
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wage if the officeholder refuses to accept a salary or wage offered |
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or budgeted for that office. |
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SECTION 2. Subchapter A, Chapter 305, Government Code, is |
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amended by adding Section 305.0031 to read as follows: |
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Sec. 305.0031. CERTAIN ELECTED OFFICERS MAY NOT REGISTER. |
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(a) A member of Congress, a member of the legislature, or a holder |
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of a statewide office may not register under this chapter. |
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(b) A registration under this chapter expires on the date a |
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person takes office as a member of Congress, a member of the |
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legislature, or a holder of a statewide office. |
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SECTION 3. Section 572.032, Government Code, is amended by |
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amending Subsection (a) and adding Subsection (d) to read as |
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follows: |
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(a) Financial statements filed under this subchapter are |
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public records. The commission shall maintain the statements in |
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separate alphabetical files and in a manner that is accessible to |
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the public during regular office hours and make the statements |
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available to the public on the commission's Internet website not |
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later than the second business day after the date the statement is |
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filed. |
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(d) The commission is not required to continue to make a |
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financial statement available on its Internet website after the |
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second anniversary of the date the statement is filed. |
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SECTION 4. Section 572.032(a-1), Government Code, as |
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amended by Chapters 34 (S.B. 1576) and 983 (H.B. 776), Acts of the |
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85th Legislature, Regular Session, 2017, is reenacted and amended |
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to read as follows: |
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(a-1) The commission shall remove the home address, the |
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telephone number, and the names of the dependent children of an |
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individual from a financial statement filed by the individual under |
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this subchapter before: |
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(1) permitting a member of the public to view the |
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statement; |
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(2) providing a copy of the statement to a member of |
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the public; or |
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(3) making the statement available to the public on |
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the commission's Internet website[, if the commission makes
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statements filed under this subchapter available on its website]. |
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SECTION 5. Subchapter C, Chapter 572, Government Code, is |
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amended by adding Section 572.062 to read as follows: |
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Sec. 572.062. FORMER LEGISLATOR: LOBBYING RESTRICTED; |
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CRIMINAL OFFENSE. (a) In this section: |
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(1) "Administrative action," "communicates directly |
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with," "legislation," "member of the executive branch," and "member |
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of the legislative branch" have the meanings assigned by Section |
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305.002. |
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(2) "Legislative cycle" means the two-year period |
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beginning on the first day of a regular legislative session and |
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ending on the day before the first day of the succeeding regular |
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legislative session. |
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(b) Except as provided by Subsection (c), a former member of |
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the legislature may not engage in activities that require |
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registration under Chapter 305 before the end of the legislative |
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cycle following the legislative cycle in which the former member |
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last served as a member of the legislature. |
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(c) Subsection (b) does not apply to a former member of the |
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legislature who does not receive compensation other than |
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reimbursement for actual expenses for communicating directly with a |
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member of the legislative or executive branch to influence |
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legislation or administrative action. |
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(d) A former member of the legislature who violates this |
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section commits an offense. An offense under this section is a |
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Class A misdemeanor. |
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SECTION 6. Chapter 601, Government Code, is amended by |
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adding Section 601.010 to read as follows: |
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Sec. 601.010. ELECTED OFFICER MAY NOT BE REGISTERED |
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LOBBYIST. (a) A person may not qualify for a public elective |
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office if the person is required to be registered as a lobbyist |
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under Chapter 305. |
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(b) Except as restricted by Section 7.103(c), Education |
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Code, if applicable, Subsection (a) does not apply to: |
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(1) an office for which the federal or state |
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constitution prescribes exclusive qualification requirements; |
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(2) an office of a political subdivision with a |
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population of 150,000 or less, other than the office of presiding |
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officer of the governing body of the political subdivision, |
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provided that the officeholder does not receive a salary or wage for |
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that office; or |
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(3) the office of the presiding officer of the |
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governing body of a political subdivision with a population of |
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50,000 or less, provided that the presiding officer does not |
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receive a salary or wage for that office. |
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(c) For purposes of Subsection (b), a presiding officer or |
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other officeholder is not considered to have received a salary or |
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wage if the officeholder refuses to accept a salary or wage offered |
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or budgeted for that office. |
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SECTION 7. Section 141.001(a), Election Code, as amended by |
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this Act, and Section 601.010, Government Code, as added by this |
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Act, apply only to the eligibility and qualification requirements |
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for a candidate or officer whose term of office will begin on or |
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after January 12, 2021. The eligibility and qualification |
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requirements for a candidate or officer whose term of office will |
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begin before January 12, 2021, are governed by the law in effect |
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immediately before January 12, 2021, and that former law is |
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continued in effect for that purpose. |
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SECTION 8. The changes in law made by this Act to Chapter |
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572, Government Code, apply only to a financial statement filed on |
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or after September 1, 2019. A financial statement filed before |
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September 1, 2019, is governed by the law in effect on the date the |
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financial statement was filed, and the former law is continued in |
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effect for that purpose. |
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SECTION 9. Section 572.062, Government Code, as added by |
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this Act, applies only to a member of the legislature who ceases to |
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be a member on or after September 1, 2019. |
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SECTION 10. (a) Except as provided by Subsection (b) of |
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this section, this Act takes effect September 1, 2019. |
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(b) Section 141.001(a), Election Code, as amended by this |
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Act, and Section 601.010, Government Code, as added by this Act, |
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take effect January 12, 2021. |