| 1 | 1 | | By: Dunnam H.B. No. 4419 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to money contributed to the secretary of state for |
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| 7 | 7 | | officeholder purposes. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 251.002(a), Government Code, is amended |
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| 10 | 10 | | to read as follows: |
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| 11 | 11 | | Sec. 251.002. OFFICEHOLDERS COVERED. (a) The provisions |
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| 12 | 12 | | of this title applicable to an officeholder apply only to a person |
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| 13 | 13 | | who holds an elective public office [and to the secretary of state]. |
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| 14 | 14 | | SECTION 2. Section 405.005, Government Code, is amended to |
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| 15 | 15 | | read as follows: |
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| 16 | 16 | | Sec. 405.005. ACCEPTANCE OF GIFTS, GRANTS, AND DONATIONS; |
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| 17 | 17 | | REPORTING; AUDIT. (a) The secretary of state may accept or |
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| 18 | 18 | | solicit gifts, grants, and donations of money or property from |
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| 19 | 19 | | private persons, foundations, or organizations. Property provided |
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| 20 | 20 | | by those entities and money donated to the secretary of state become |
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| 21 | 21 | | the property of the state and are under the control of the secretary |
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| 22 | 22 | | of state. |
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| 23 | 23 | | (a-1) The secretary of state shall use gifts of money made |
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| 24 | 24 | | to the secretary of state for the purpose specified by the grantor, |
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| 25 | 25 | | if any. All donations accepted shall be used [on behalf of the |
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| 26 | 26 | | state] for any lawful public purpose related to the office or duties |
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| 27 | 27 | | of the secretary of state, including an officeholder expenditure. |
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| 28 | 28 | | As used in this section, "officeholder expenditure" has the meaning |
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| 29 | 29 | | assigned by Section 251.001(9), Election Code. |
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| 30 | 30 | | (b) The secretary of state shall adopt rules to govern the |
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| 31 | 31 | | secretary's acceptance of private gifts, grants, and donations to |
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| 32 | 32 | | ensure that the use of the money or property supports the secretary |
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| 33 | 33 | | of state's primary functions. The secretary of state may decline to |
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| 34 | 34 | | accept a gift, grant, or donation that is made for a specific |
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| 35 | 35 | | purpose if the secretary of state determines the gift may not be |
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| 36 | 36 | | used reasonably or economically for the designated purpose. |
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| 37 | 37 | | (c) Money and securities donated to the secretary of state |
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| 38 | 38 | | shall be held in trust outside the treasury by the comptroller in a |
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| 39 | 39 | | special fund to be known as the secretary of state extraordinary |
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| 40 | 40 | | fund. The comptroller shall manage and invest the fund on behalf of |
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| 41 | 41 | | the secretary of state as directed or agreed to by the secretary of |
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| 42 | 42 | | state. |
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| 43 | 43 | | (d) Interest, dividends, and other income of the fund shall |
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| 44 | 44 | | be credited to the fund. |
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| 45 | 45 | | (e) The secretary of state by rule shall establish an |
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| 46 | 46 | | acquisition policy for accepting property and art objects. |
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| 47 | 47 | | (f) Notwithstanding any other provision of law, the |
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| 48 | 48 | | financial transactions of the secretary of state made out of the |
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| 49 | 49 | | fund are subject to annual audit by the state auditor. |
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| 50 | 50 | | (g) The secretary of state shall prepare annually a complete |
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| 51 | 51 | | and detailed written report accounting for the fund showing all |
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| 52 | 52 | | money received and disbursed by the secretary of state during the |
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| 53 | 53 | | preceding fiscal year. The annual report must meet the reporting |
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| 54 | 54 | | requirements applicable to financial reporting provided in the |
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| 55 | 55 | | General Appropriations Act. |
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| 56 | 56 | | SECTION 3. If, on the effective date of this Act, the |
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| 57 | 57 | | secretary of state has an officeholder account established under |
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| 58 | 58 | | Title 15, Election Code, the secretary of state shall terminate the |
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| 59 | 59 | | account on the effective date of the Act and remit any unexpended |
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| 60 | 60 | | contributions in that account to one or more of the following: |
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| 61 | 61 | | (1) the comptroller for deposit to the credit of the |
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| 62 | 62 | | secretary of state extraordinary fund established by this Act; |
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| 63 | 63 | | (2) one or more persons from whom political |
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| 64 | 64 | | contributions were received, in accordance with Section |
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| 65 | 65 | | 254.204(d), Election Code. |
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| 66 | 66 | | SECTION 4. This Act takes effect immediately if it receives |
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| 67 | 67 | | a vote of two-thirds of all the members elected to each house, as |
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| 68 | 68 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 69 | 69 | | Act does not receive the vote necessary for immediate effect, this |
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| 70 | 70 | | Act takes effect September 1, 2009. |
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