Bill Text: TX HB1876 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the ethics of public servants, including regulations related to certain political contributions, lobbying activities, reports, and disclosures; creating criminal offenses.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2019-03-20 - Left pending in committee [HB1876 Detail]
Download: Texas-2019-HB1876-Introduced.html
86R9637 JG-D | ||
By: Davis of Harris | H.B. No. 1876 |
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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 [ |
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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 [ |
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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 [ |
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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. |