88R13916 CJD-D

By: Geren H.B. No. 1585

A BILL TO BE ENTITLED

AN ACT

relating to matters affecting the powers and duties of the Texas Ethics Commission.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter A, Chapter 251, Election Code, is amended by adding Section 251.0017 to read as follows:

Sec. 251.0017. POLITICAL ADVERTISING RELATED TO LEGISLATION. For purposes of Section 251.001(16), a communication supporting or opposing legislation filed by a member of the legislature is considered political advertising under that subdivision if the communication appears to express support or opposition of:

(1) the member; or

(2) persons who support or oppose the legislation.

SECTION 2. Section 257.003(b), Election Code, is amended to read as follows:

(b) The report must be filed with the commission and must include the information required under Section 254.031, other than Subsection (a)(1-a) of that section, as if the contributions or expenditures were political contributions or political expenditures.

SECTION 3. Section 305.002, Government Code, is amended by amending Subdivision (6) and adding Subdivisions (15) and (16) to read as follows:

(6) "Legislation" means:

(A) a bill, resolution, amendment, nomination, or other matter pending in either house of the legislature, including the election of the speaker of the house of representatives;

(B) any matter that is or may be the subject of action by either house or by a legislative committee, including the introduction, consideration, passage, defeat, approval, or veto of the matter; or

(C) any matter pending in a constitutional convention or that may be the subject of action by a constitutional convention.

(15) "Sexual harassment" means an unwelcome sexual advance, a request for a sexual favor, or any other verbal or physical conduct of a sexual nature if:

(A) submission to or rejection of the advance, request, or conduct by an individual is used as a basis for a decision by the registrant in making an expenditure authorized under this chapter or under Title 15, Election Code;

(B) the advance, request, or conduct has the purpose or effect of unreasonably interfering with an individual's work performance at the legislature; or

(C) the advance, request, or conduct has the purpose or effect of creating an intimidating, hostile, or offensive working environment in the legislature.

(16) "Social media platform" has the meaning assigned by Section 120.001, Business & Commerce Code.

SECTION 4. Subchapter A, Chapter 305, Government Code, is amended by adding Section 305.0031 to read as follows:

Sec. 305.0031. SEXUAL HARASSMENT TRAINING REQUIRED. (a) Each person required to register under this chapter shall:

(1) complete a sexual harassment training program approved by the commission before the date the person files an initial or renewal registration under Section 305.005; and

(2) submit, as part of the person's registration, documentation evidencing completion of the program.

(b) For purposes of Subsection (a)(1), the commission may approve a sexual harassment training program that is made available by a house of the legislature to members, officers, and employees of that house.

(c) The commission may adopt rules as necessary to implement this section.

SECTION 5. Section 305.006, Government Code, is amended by adding Subsection (c-1) to read as follows:

(c-1) A communication published on a social media platform is considered a mass media communication for purposes of Subsection (c).

SECTION 6. Section 571.064(b), Government Code, is amended to read as follows:

(b) If a law administered and enforced by the commission sets dollar amounts or categories of amounts as reporting thresholds or if the commission sets those amounts, the commission [annually] shall decennially adjust those thresholds upward to the nearest multiple of $100 [$10] in accordance with the percentage increase for the preceding 10 years [previous year] in the Consumer Price Index for Urban Consumers published by the Bureau of Labor Statistics of the United States Department of Labor.

SECTION 7. Section 257.003, Election Code, as amended by this Act, applies only to a report that is required to be filed under that section on or after the effective date of this Act. A report that is required to be filed under that section before the effective date of this Act is governed by the law in effect on the date the report is required to be filed, and the former law is continued in effect for that purpose.

SECTION 8. (a) Not later than November 1, 2023, the Texas Ethics Commission shall approve at least one sexual harassment training program for purposes of Section 305.0031, Government Code, as added by this Act.

(b) An individual who, on November 1, 2023, is registered under Chapter 305, Government Code, shall complete the initial training required by Section 305.0031(a)(1), Government Code, as added by this Act, not later than December 1, 2023.

SECTION 9. Section 305.006, Government Code, as amended by this Act, applies only to a report required to be filed under that section on or after January 1, 2024.

SECTION 10. The changes in law made by this Act to Section 571.064(b), Government Code, do not affect an adjustment made by the Texas Ethics Commission under that subsection before the effective date of this Act. An adjustment made before the effective date of this Act is governed by the law in effect when the adjustment was made, and the former law is continued in effect for that purpose.

SECTION 11. This Act takes effect September 1, 2023.