81R3180 ESH-F
By: Hilderbran H.B. No. 3843
A BILL TO BE ENTITLED
AN ACT
relating to the election of the speaker of the house of
representatives; providing a criminal penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 302.001, Government Code, is amended to
read as follows:
Sec. 302.001. ELECTION. (a) When the house of
representatives first convenes in regular session and a quorum is
present and has been qualified, the house shall elect a speaker
unless a majority of the members present decides to defer the
election.
(b) The election of the speaker shall be governed by the
rules of the house of representatives.
SECTION 2. Section 302.011, Government Code, is amended by
amending Subdivision (3) and adding Subdivision (4) to read as
follows:
(3) "Campaign funds" means [the speaker candidate's
personal] funds from the state-appropriated office budget of a
member of the house of representatives that are devoted to the
member's campaign for speaker [and any money, services, or other
things of value that are contributed or loaned to the speaker
candidate for use in the candidate's campaign for speaker].
(4) "Chief clerk" means the chief clerk of the house of
representatives.
SECTION 3. Sections 302.0121(a), (c), and (d), Government
Code, are amended to read as follows:
(a) Each speaker candidate shall file a declaration of
candidacy with the chief clerk [Texas Ethics Commission] as
provided by this section.
(c) A [Except as provided by Subsection (e), a] speaker
candidate may not knowingly [accept a contribution, loan, or
promise of a contribution or loan in connection with the speaker
candidacy or] make or authorize a campaign expenditure at a time
when a declaration of candidacy for the candidate is not in effect.
(d) A declaration of speaker candidacy terminates on the
earlier of:
(1) the date the speaker candidate files a written
statement with the chief clerk [Texas Ethics Commission] stating
that the candidate has terminated the candidacy; or
(2) the date a speaker is elected for the legislative
session as to which the speaker candidate filed the statement.
SECTION 4. Sections 302.013(a) and (d), Government Code,
are amended to read as follows:
(a) Each speaker candidate shall file a sworn statement with
the chief clerk [Texas Ethics Commission] listing the information
required by Section 302.014.
(d) Each speaker candidate shall file the statement by
computer diskette, modem, or other means of electronic transfer,
using computer software provided by the chief clerk [Texas Ethics
Commission] or computer software that meets the chief clerk's
[commission] specifications for a standard file format.
SECTION 5. Sections 302.014 and 302.015, Government Code,
are amended to read as follows:
Sec. 302.014. CONTENTS OF STATEMENT. Each statement must
list, [the following information] for the period since the last
filing date, [:
[(1) each contribution of money the speaker candidate
or the speaker candidate's agent, servant, staff member, or
employee received for the campaign, the complete name and address
of the contributor, and the date and amount of the contribution;
[(2) each contribution of services and other things of
value other than money that the speaker candidate or the speaker
candidate's agent, servant, staff member, or employee received for
the campaign, the nature of the contribution, the complete name and
address of the contributor, and the date and value of the
contribution;
[(3) each loan made to the speaker candidate or to the
speaker candidate's agent, servant, staff member, or employee for
the campaign, including all loans listed in previous filings that
are as yet unpaid or that were paid during the period covered by the
present filing, the complete name and address of the lender and each
person other than the speaker candidate who is responsible on the
note, the date and amount of the note, the intended source of funds
to repay the note, and any payments already made on the note and the
source of the payments; and
[(4)] each expenditure of campaign funds that the
speaker candidate or the speaker candidate's agent, servant, staff
member, or employee made for the campaign, the complete name and
address of each person to whom a payment of more than $10 was made,
and the purpose of each expenditure.
Sec. 302.015. REQUISITES OF FILING. (a) Except as provided
by Subsection (b), a statement is considered to be filed in
compliance with this subchapter if the postmark shows that it was
sent to the chief clerk [Texas Ethics Commission] at its official
post office address by registered or certified mail from any point
in this state before the filing deadline.
(b) A statement required to be filed on the day before a
regular or called session convenes must actually be delivered and
in the possession of the chief clerk [Texas Ethics Commission] not
later than midnight of that day.
SECTION 6. Subchapter B, Chapter 302, Government Code, is
amended by adding Sections 302.0161, 302.0162, and 302.0163 to read
as follows:
Sec. 302.0161. CONTRIBUTIONS AND LOANS PROHIBITED. (a) A
person may not make a contribution of money, services, or other
things of value to a speaker candidate to aid the person's
candidacy.
(b) A person may not loan money or other things of value to a
speaker candidate to aid the person's candidacy.
(c) A speaker candidate may not accept a contribution or
loan that is prohibited by this section.
Sec. 302.0162. EXPENDITURES BY SPEAKER CANDIDATE. In
connection with a speaker candidacy, a speaker candidate may expend
only funds from the state-appropriated office budget to which the
candidate is entitled as a member of the house of representatives.
Sec. 302.0163. INDEPENDENT EXPENDITURES PERMITTED. (a) A
person other than an entity to which Subchapter D, Chapter 253,
Election Code, applies may make an expenditure to aid or defeat the
election of a speaker candidate only if the person does not act in
concert with the speaker candidate.
(b) An entity to which Subchapter D, Chapter 253, Election
Code, applies may not make an expenditure to aid or defeat the
election of a speaker candidate.
SECTION 7. Sections 302.0191 and 302.020, Government Code,
are amended to read as follows:
Sec. 302.0191. [CONTRIBUTIONS AND] EXPENDITURES FROM
POLITICAL CONTRIBUTIONS. A person, including a speaker candidate,
may not make [a contribution to a speaker candidate's campaign or]
an expenditure to aid or defeat a speaker candidate from:
(1) political contributions accepted under Title 15,
Election Code; or
(2) interest earned on political contributions
accepted under Title 15, Election Code[; or
[(3) an asset purchased with political contributions
accepted under Title 15, Election Code].
Sec. 302.020. PERMITTED EXPENDITURES. A speaker candidate
may expend campaign funds, in connection with the speaker
candidate's candidacy, for:
(1) travel for the speaker candidate [and the speaker
candidate's immediate family] and campaign staff;
(2) the employment of clerks and stenographers;
(3) clerical and stenographic supplies;
(4) printing and stationery;
(5) [office rent;
[(6)] telephone, telegraph, postage, freight, and
express expenses;
(6) [(7)] advertising and publicity;
(7) [(8)] the expenses of holding political and other
meetings designed to promote the candidacy; and
(8) [(9)] the employment of legal counsel[; and
[(10) the retirement of campaign loans].
SECTION 8. Subchapter B, Chapter 302, Government Code, is
amended by adding Section 302.0202 to read as follows:
Sec. 302.0202. UNEXPENDED CAMPAIGN FUNDS. Any campaign
funds that remain when a member's speaker candidacy terminates:
(1) may be used only for a purpose for which the member
may spend the member's state-appropriated office budget; and
(2) must be accounted for as provided by the rules of
the house of representatives.
SECTION 9. Sections 302.021(a), (b), and (e), Government
Code, are amended to read as follows:
(a) A speaker candidate [or former speaker candidate]
commits an offense if the person:
(1) knowingly fails to file the declaration of
candidacy required by Section 302.0121;
(2) knowingly fails to file the statement required by
Section 302.013;
(3) knowingly accepts a [contribution, loan, or
promise of a] contribution or loan in violation of Section 302.0161
[302.0121(c)];
(4) knowingly makes an expenditure in connection with
a speaker candidacy in violation of Section 302.0162;
(5) knowingly uses [accepts a contribution, loan, or
promise of a contribution or loan prohibited by Section 302.017
from a corporation, partnership, association, firm, union,
foundation, committee, club, or other organization or group of
persons;
[(5) knowingly accepts a contribution from a person
who uses] political contributions or [,] interest earned on
political contributions [, or an asset purchased with political
contributions] to make an expenditure [the contribution] in
violation of Section 302.0191; or
(6) expends campaign funds for any purpose other than
those enumerated in Section 302.020. [;
[(7) knowingly retains contributions, assets
purchased with contributions, or interest or other income earned on
contributions in violation of Section 302.0201(b); or
[(8) knowingly fails to file the report of unexpended
campaign funds as required by Section 302.0201(d).]
(b) An agent, officer, or director of an entity to which
Subchapter D, Chapter 253, Election Code, applies [a corporation,
partnership, association, firm, union, foundation, committee,
club, or other organization or group of persons] commits an offense
if the agent, officer, or director consents to an expenditure [a
contribution, loan, or promise of a contribution or loan]
prohibited by Section 302.0163(b) [this subchapter].
(e) A person commits an offense if the person contributes
personal services, money, or goods in violation of Section 302.0161
or 302.018.
SECTION 10. 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, 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 11. Section 571.091(a), Government Code, is amended
to read as follows:
(a) The commission shall prepare a written opinion
answering the request of a person subject to any of the following
laws for an opinion about the application of any of these laws to
the person in regard to a specified existing or hypothetical
factual situation:
(1) [Chapter 302;
[(2)] Chapter 303;
(2) [(3)] Chapter 305;
(3) [(4)] Chapter 2004;
(4) [(5)] Chapter 572;
(5) [(6)] Subchapter C, Chapter 159, Local Government
Code, as provided by Section 571.061(a)(2);
(6) [(7)] Title 15, Election Code;
(7) [(8)] Chapter 36, Penal Code;
(8) [(9)] Chapter 39, Penal Code;
(9) [(10)] Section 2152.064; or
(10) [(11)] Section 2155.003.
SECTION 12. Sections 302.0121(e), 302.017, 302.019, and
302.0201, Government Code, are repealed.
SECTION 13. (a) Chapter 302, Government Code, as amended by
this Act, applies to a candidate for speaker of the house of
representatives without regard to whether the person becomes a
speaker candidate before, on, or after September 1, 2009.
(b) Not later than September 15, 2009, the Texas Ethics
Commission shall transfer to the chief clerk of the house of
representatives:
(1) each declaration of speaker candidacy filed under
Section 302.0121, Government Code, that has not terminated as
provided by that section;
(2) all statements filed under Section 302.013,
Government Code, and reports filed under Section 302.0201,
Government Code, by a speaker candidate or former speaker candidate
who, as determined from the most recent statement or report filed,
retains speaker's race campaign funds or assets purchased with such
funds or who has outstanding debt in connection with a speaker
candidacy;
(3) any statements or reports in addition to those
described by Subdivision (2) of this section that the chief clerk of
the house of representatives requests in writing that the
commission transfer to the chief clerk; and
(4) a fully operational copy of the software purchased
or developed by or on behalf of the commission for purposes of
filing statements of contributions, loans, and expenditures in the
manner required by Section 302.013, Government Code.
(c) A person who before September 1, 2009, filed a
declaration of speaker candidacy under Section 302.0121,
Government Code, with the Texas Ethics Commission that has not
terminated as provided by that section is considered to have filed a
declaration of speaker candidacy with the chief clerk of the house
of representatives.
(d) A person who on September 1, 2009, retains unexpended
campaign funds under Subchapter B, Chapter 302, Government Code, as
that subchapter existed before amendment by this Act, shall:
(1) not later than October 1, 2009, dispose of the
unexpended campaign funds as provided by Section 302.0201(a),
Government Code, as that section existed before repeal by this Act;
and
(2) not later than November 1, 2009, file with the
chief clerk of the house of representatives a report that includes
the information required by Sections 302.0201(d) and (e),
Government Code, as those sections existed before repeal by this
Act, as to the disposition of unexpended campaign funds under
Subdivision (1) of this subsection.
SECTION 14. (a) The change in law made by this Act applies
only to an offense committed on or after September 1, 2009. For
purposes of this section, an offense is committed before September
1, 2009, if any element of the offense occurs before that date.
(b) An offense committed before September 1, 2009, is
covered by the law in effect when the offense was committed, and the
former law is continued in effect for that purpose.
SECTION 15. This Act takes effect September 1, 2009.