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A BILL TO BE ENTITLED
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AN ACT
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relating to restrictions on certain contributions by persons |
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appointed to public office by the governor; creating a criminal |
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offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 601, Government Code, is amended by |
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adding Section 601.012 to read as follows: |
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Sec. 601.012. CERTAIN DONORS INELIGIBLE FOR GUBERNATORIAL |
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APPOINTMENTS; CONTRIBUTIONS BY GUBERNATORIAL APPOINTEES |
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RESTRICTED. (a) In this section: |
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(1) "Communicates directly with," "matter," "member |
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of the executive branch," and "member of the legislative branch" |
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have the meanings assigned by Section 305.002. |
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(2) "Political contribution" and "specific-purpose |
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committee" have the meanings assigned by Section 251.001, Election |
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Code. |
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(b) An individual is ineligible to serve as an officer |
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appointed by the governor if during the year preceding the date of |
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appointment the individual made political contributions that in the |
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aggregate exceeded $2,500 to: |
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(1) the governor; or |
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(2) a specific-purpose committee supporting the |
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governor as a candidate or assisting the governor as an |
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officeholder. |
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(c) An individual serving as an officer appointed by the |
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governor may not during any single year in which the individual |
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serves in that office make political contributions that in the |
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aggregate exceed $2,500 to the governor or a specific-purpose |
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committee supporting the governor as a candidate or assisting the |
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governor as an officeholder. An individual who violates this |
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subsection is liable in damages to this state in the amount of |
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triple the amount of contributions in a single year that exceed the |
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limit prescribed by this subsection. |
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(d) For purposes of Subsection (b) or (c), a political |
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contribution made by the spouse or dependent child of an individual |
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or a political contribution from an organization made in the |
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individual's name and with the individual's consent is considered |
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to be a contribution made by the individual. |
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(e) Before taking office, an individual appointed by the |
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governor must sign an attestation that during the year preceding |
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the appointment the individual, the individual's spouse or |
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dependent child, and an organization in the individual's name and |
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with the individual's consent did not make political contributions |
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exceeding $2,500 to the governor or a specific-purpose committee |
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supporting the governor as a candidate or assisting the governor as |
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an officeholder. |
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(f) Before taking office, an individual appointed by the |
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governor must sign an attestation that the individual or a business |
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entity acting at the direction of the individual will not |
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compensate a person required to register as a lobbyist under |
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Chapter 305 for communicating directly with a member of the |
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legislative or executive branch on a matter affecting the |
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individual's state agency and will comply with any political |
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contribution limits under Subsection (b). An individual appointed |
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by the governor who violates an attestation under this subsection, |
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a business entity acting at the direction of the individual that |
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violates an attestation under this subsection, or a person required |
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to register as a lobbyist under Chapter 305 who accepts |
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compensation made in violation of an attestation under this |
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subsection commits an offense. An offense under this subsection is |
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a Class A misdemeanor. |
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SECTION 2. Section 601.012, Government Code, as added by |
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this Act, applies to an appointment made on or after the effective |
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date of this Act. |
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SECTION 3. This Act takes effect September 1, 2021. |