Texas 2009 - 81st Regular

Texas House Bill HB3178 Compare Versions

Only one version of the bill is available at this time.

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1	1	81R13031 ESH-D
2	2	By: Thompson H.B. No. 3178
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to ethics of holders of and candidates for public office,
8	8	public employees, and lobbyists; providing penalties.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 253.035, Election Code, is amended by
11	11	adding Subsection (j) to read as follows:
12	12	(j) "Personal use" includes the use of contributions to pay
13	13	a civil penalty imposed by the commission.
14	14	SECTION 2. Section 253.041(a), Election Code, is amended to
15	15	read as follows:
16	16	(a) A candidate or officeholder or a specific-purpose
17	17	committee for supporting, opposing, or assisting the candidate or
18	18	officeholder may not knowingly make or authorize a payment from a
19	19	political contribution if the payment is made for personal services
20	20	rendered by the candidate, [or] officeholder, or a person related
21	21	to [by the spouse or dependent child of] the candidate or
22	22	officeholder within the third degree by consanguinity or the second
23	23	degree by affinity, as determined under Subchapter B, Chapter 573,
24	24	Government Code, to:
25	25	(1) the candidate, officeholder, or a person related
26	26	to the candidate or officeholder within the third degree by
27	27	consanguinity or the second degree by affinity, as determined under
28	28	Subchapter B, Chapter 573, Government Code; or
29	29	(2) a business in which a person described by
30	30	Subdivision (1) [the candidate or officeholder] has a participating
31	31	interest of more than 10 percent, holds a position on the governing
32	32	body of the business, or serves as an officer of the business[; or
33	33	[(2) the candidate or officeholder or the spouse or
34	34	dependent child of the candidate or officeholder].
35	35	SECTION 3. Section 571.066, Government Code, is amended by
36	36	adding Subsections (c) and (d) to read as follows:
37	37	(c) Not later than December 1, 2009, the commission shall
38	38	contract with the Department of Information Resources or a private
39	39	entity experienced in Internet website design for a review of the
40	40	ease of using and obtaining information from the commission's
41	41	website. Not later than June 1, 2010, the entity with which the
42	42	commission contracts under this subsection shall deliver a written
43	43	report of the results of the entity's review to the commission, the
44	44	lieutenant governor, the speaker of the house of representatives,
45	45	and the chairs of the standing committees of the senate and house
46	46	having jurisdiction over the commission. The report must include
47	47	recommendations for increasing the ease of using and obtaining
48	48	information from the commission's website. Following receipt of the
49	49	report, the commission shall redesign the commission's website to:
50	50	(1) permit expanded searches across multiple
51	51	databases maintained by the commission;
52	52	(2) increase the ease with which information from
53	53	databases maintained by the commission may be downloaded by persons
54	54	using the commission's website; and
55	55	(3) incorporate any other recommendations from the
56	56	review under this subsection that the commission determines
57	57	appropriate.
58	58	(d) Subsection (c) and this subsection expire September 1,
59	59	2011.
60	60	SECTION 4. The heading to Section 571.069, Government Code,
61	61	is amended to read as follows:
62	62	Sec. 571.069. REVIEW OF STATEMENTS AND REPORTS[; AUDITS].
63	63	SECTION 5. Sections 571.069(b) and (c), Government Code,
64	64	are amended to read as follows:
65	65	(b) The commission may by a vote of at least six commission
66	66	members initiate a preliminary review as provided by Section
67	67	571.124 in connection with [or perform a complete audit of] a
68	68	statement or report:
69	69	(1) if, before the 31st day after the date the
70	70	statement or report was originally due, the executive director does
71	71	not obtain from the person information that permits the executive
72	72	director to determine that the statement or report complies with
73	73	law;
74	74	(2) if a statement or report returned for resubmission
75	75	is not resubmitted within the time prescribed by Subsection (a); or
76	76	(3) on an affirmative vote of at least six commission
77	77	members that a statement or report resubmitted under Subsection
78	78	(a), together with any corrections or additional documentation,
79	79	does not, in the opinion of the commission, comply with the law
80	80	requiring the statement or report.
81	81	(c) Any [audited] statement, report, document, or other
82	82	material obtained in conducting a preliminary review is
83	83	confidential and may not be disclosed unless the statement, report,
84	84	document, or other material:
85	85	(1) was previously public information; or
86	86	(2) is entered into the record of a formal hearing or a
87	87	judicial proceeding.
88	88	SECTION 6. Subchapter C, Chapter 571, Government Code, is
89	89	amended by adding Section 571.0691 to read as follows:
90	90	Sec. 571.0691. AUDITS. (a) The commission by rule shall
91	91	adopt a schedule for regular auditing of statements, reports, or
92	92	other documents filed with the commission. The rules shall provide
93	93	for more frequent auditing of the categories of statements,
94	94	reports, or other documents that the commission determines are most
95	95	likely to contain inaccuracies or errors.
96	96	(b) Any audited statement, report, document, or other
97	97	material is confidential and may not be disclosed unless the
98	98	statement, report, document, or other material:
99	99	(1) was previously public information; or
100	100	(2) is entered into the record of a formal hearing or a
101	101	judicial proceeding.
102	102	(c) The party who is the subject of the audit may waive
103	103	confidentiality by sending written notice to the commission.
104	104	SECTION 7. Subchapter C, Chapter 571, Government Code, is
105	105	amended by amending Section 571.071 and adding Sections 571.0711
106	106	through 571.0714 to read as follows:
107	107	Sec. 571.071. REQUIRED ETHICS TRAINING[; GUIDELINES]. (a)
108	108	The following persons must complete the ethics training required by
109	109	this section:
110	110	(1) a member or member-elect of the legislature; and
111	111	(2) the director, executive director, commissioner,
112	112	administrator, or other individual appointed to act as the chief
113	113	executive or administrative officer of a board, commission, or
114	114	other agency in the legislative or executive branch of state
115	115	government.
116	116	(b) The commission shall[:
117	117	[(1)] provide training [by January of each
118	118	odd-numbered year] for persons required to complete ethics training
119	119	under this section [members and members-elect of the legislature]
120	120	concerning compliance with the laws administered and enforced by
121	121	the commission.
122	122	(c) A person required to complete ethics training under this
123	123	section must complete three hours of training every two years. A
124	124	person must complete the initial training not later than the 90th
125	125	day after the date the person is first elected or appointed to or
126	126	employed in a position for which ethics training is required. A
127	127	person must complete subsequent training not later than the second
128	128	anniversary of the date the person completed the most recent ethics
129	129	training under this section.
130	130	(d) Each board, commission, or other agency described by
131	131	Subsection (a) shall report to the commission, in accordance with
132	132	rules adopted by the commission, the appointment or employment of a
133	133	person required to complete ethics training under Subsection
134	134	(a)(2).
135	135	Sec. 571.0711. FAILURE TO COMPLETE REQUIRED ETHICS
136	136	TRAINING. (a) A person who does not complete the ethics training
137	137	required by Section 571.071 is not eligible to receive a salary or
138	138	wage payment until the person completes the required training.
139	139	(b) Not later than the 30th day after the date a person is
140	140	required to complete the ethics training under Section 571.071, the
141	141	commission shall certify the person's name to the comptroller if
142	142	the person did not complete the ethics training. Following receipt
143	143	of certification under this subsection, the comptroller may not
144	144	issue a warrant or make an electronic transfer representing a
145	145	salary or wage payment to the person until the commission certifies
146	146	that the person has completed the training.
147	147	(c) Not later than the 60th day before the date by which a
148	148	person is required to complete the ethics training under Section
149	149	571.071, the commission shall send a written notice to the person
150	150	that states:
151	151	(1) that the person is required by law to complete the
152	152	required amount of ethics training;
153	153	(2) the date of upcoming ethics training seminars;
154	154	(3) that the person will not be eligible to receive a
155	155	salary or wage payment if the person does not complete the required
156	156	training; and
157	157	(4) the date by which the person must complete the
158	158	ethics training.
159	159	Sec. 571.0712. ETHICS TRAINING FOR STATE EMPLOYEES. The
160	160	commission shall[; and
161	161	[(2)] provide, in cooperation with state agencies, a
162	162	program of ethics training for state employees.
163	163	Sec. 571.0713. COMPLIANCE GUIDELINES. [(b)] The commission
164	164	may disseminate, through pamphlets and seminars, explanations and
165	165	compliance guidelines concerning any law administered and enforced
166	166	by the commission.
167	167	Sec. 571.0714. SEMINARS FOR LOBBYISTS. (a) [(c)] The
168	168	commission may provide a seminar for persons required to register
169	169	under Chapter 305 that addresses issues involving lobbying,
170	170	political contributions and expenditures, and other issues as
171	171	determined by the commission.
172	172	(b) The commission may charge a fee for attending the
173	173	seminar in an amount necessary to cover the costs associated with
174	174	the seminar.
175	175	SECTION 8. Section 571.173, Government Code, is amended to
176	176	read as follows:
177	177	Sec. 571.173. CIVIL PENALTY FOR DELAY OR VIOLATION. (a)
178	178	The commission may impose a civil penalty of not more than $5,000 or
179	179	triple the amount at issue under a law administered and enforced by
180	180	the commission, whichever amount is more, for a delay in complying
181	181	with a commission order or for a violation of a law administered and
182	182	enforced by the commission.
183	183	(b) The commission shall:
184	184	(1) impose a civil penalty in an amount greater than
185	185	the usual amount of a civil penalty imposed by the commission if the
186	186	person subject to the penalty:
187	187	(A) has received training under Section 571.071,
188	188	571.0712, or 571.0714 relevant to the law the person violated; or
189	189	(B) has previously been warned by the commission
190	190	for engaging in similar conduct; and
191	191	(2) impose civil penalties in progressively greater
192	192	amounts against a person who has repeatedly violated a law
193	193	administered by the commission.
194	194	SECTION 9. Sections 571.069(d), (e), and (f), Government
195	195	Code, are repealed.
196	196	SECTION 10. Section 253.035(j), Election Code, as added by
197	197	this Act, applies to payment of a civil penalty imposed by the Texas
198	198	Ethics Commission regardless of whether the penalty is imposed
199	199	before, on, or after September 1, 2009.
200	200	SECTION 11. A person who on January 1, 2010, holds an office
201	201	or employment for which the person is required to complete ethics
202	202	training under Section 571.071, Government Code, as amended by this
203	203	Act, must complete the ethics training required by that section not
204	204	later than April 1, 2010. A person who after January 1, 2010, is
205	205	elected or appointed to an office or employed in a position for
206	206	which the person is required to complete ethics training under
207	207	Section 571.071, Government Code, as amended by this Act, must
208	208	complete the ethics training required by that section in compliance
209	209	with that section.
210	210	SECTION 12. This Act takes effect September 1, 2009.