1 | 1 | | 81R2798 ESH-D |
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2 | 2 | | By: Gonzales H.B. No. 485 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to ethics training for legislators and certain other state |
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8 | 8 | | officers and employees. |
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9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 10 | | SECTION 1. Subchapter C, Chapter 571, Government Code, is |
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11 | 11 | | amended by amending Section 571.071 and adding Sections 571.0711 |
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12 | 12 | | through 571.0714 to read as follows: |
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13 | 13 | | Sec. 571.071. REQUIRED ETHICS TRAINING[; GUIDELINES]. (a) |
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14 | 14 | | The following persons must complete the ethics training required by |
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15 | 15 | | this section: |
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16 | 16 | | (1) a member or member-elect of the legislature; |
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17 | 17 | | (2) the director, executive director, commissioner, |
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18 | 18 | | administrator, or other individual appointed to act as the chief |
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19 | 19 | | executive or administrative officer of a board, commission, or |
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20 | 20 | | other agency in the legislative or executive branch of state |
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21 | 21 | | government; and |
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22 | 22 | | (3) a full-time, paid employee of the house of |
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23 | 23 | | representatives, the senate, a member of the legislature, a |
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24 | 24 | | legislative committee, the governor, or the lieutenant governor. |
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25 | 25 | | (b) The commission shall[: |
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26 | 26 | | [(1)] provide training [by January of each |
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27 | 27 | | odd-numbered year] for persons required to complete ethics training |
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28 | 28 | | under this section [members and members-elect of the legislature] |
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29 | 29 | | concerning compliance with the laws administered and enforced by |
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30 | 30 | | the commission. |
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31 | 31 | | (c) A person required to complete ethics training under this |
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32 | 32 | | section must complete three hours of training every two years. A |
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33 | 33 | | person must complete the initial training not later than the 90th |
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34 | 34 | | day after the date the person is first elected or appointed to or |
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35 | 35 | | employed in a position for which ethics training is required. A |
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36 | 36 | | person must complete subsequent training not later than the second |
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37 | 37 | | anniversary of the date the person completed the most recent ethics |
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38 | 38 | | training under this section. |
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39 | 39 | | (d) Each board, commission, or other agency described by |
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40 | 40 | | Subsection (a) shall report to the commission, in accordance with |
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41 | 41 | | rules adopted by the commission, the appointment or employment of a |
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42 | 42 | | person required to complete ethics training under Subsection (a)(2) |
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43 | 43 | | or (3). |
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44 | 44 | | Sec. 571.0711. FAILURE TO COMPLETE REQUIRED ETHICS |
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45 | 45 | | TRAINING. (a) A person who does not complete the ethics training |
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46 | 46 | | required by Section 571.071 is not eligible to receive a salary or |
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47 | 47 | | wage payment until the person completes the required training. |
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48 | 48 | | (b) Not later than the 30th day after the date a person is |
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49 | 49 | | required to complete the ethics training under Section 571.071, the |
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50 | 50 | | commission shall certify the person's name to the comptroller if |
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51 | 51 | | the person did not complete the ethics training. Following receipt |
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52 | 52 | | of certification under this subsection, the comptroller may not |
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53 | 53 | | issue a warrant or make an electronic transfer representing a |
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54 | 54 | | salary or wage payment to the person until the commission certifies |
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55 | 55 | | that the person has completed the training. |
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56 | 56 | | (c) Not later than the 60th day before the date by which a |
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57 | 57 | | person is required to complete the ethics training under Section |
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58 | 58 | | 571.071, the commission shall send a written notice to the person |
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59 | 59 | | that states: |
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60 | 60 | | (1) that the person is required by law to complete the |
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61 | 61 | | required amount of ethics training; |
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62 | 62 | | (2) the date of upcoming ethics training seminars; |
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63 | 63 | | (3) that the person will not be eligible to receive a |
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64 | 64 | | salary or wage payment if the person does not complete the required |
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65 | 65 | | training; and |
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66 | 66 | | (4) the date by which the person must complete the |
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67 | 67 | | ethics training. |
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68 | 68 | | Sec. 571.0712. ETHICS TRAINING FOR STATE EMPLOYEES. The |
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69 | 69 | | commission shall[; and |
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70 | 70 | | [(2)] provide, in cooperation with state agencies, a |
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71 | 71 | | program of ethics training for state employees other than those |
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72 | 72 | | required to complete the ethics training under Section 571.071. |
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73 | 73 | | Sec. 571.0713. COMPLIANCE GUIDELINES. [(b)] The commission |
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74 | 74 | | may disseminate, through pamphlets and seminars, explanations and |
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75 | 75 | | compliance guidelines concerning any law administered and enforced |
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76 | 76 | | by the commission. |
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77 | 77 | | Sec. 571.0714. SEMINARS FOR LOBBYISTS. (a) [(c)] The |
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78 | 78 | | commission may provide a seminar for persons required to register |
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79 | 79 | | under Chapter 305 that addresses issues involving lobbying, |
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80 | 80 | | political contributions and expenditures, and other issues as |
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81 | 81 | | determined by the commission. |
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82 | 82 | | (b) The commission may charge a fee for attending the |
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83 | 83 | | seminar in an amount necessary to cover the costs associated with |
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84 | 84 | | the seminar. |
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85 | 85 | | SECTION 2. A person who on January 1, 2010, holds an office |
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86 | 86 | | or employment for which the person is required to complete ethics |
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87 | 87 | | training under Section 571.071, Government Code, as amended by this |
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88 | 88 | | Act, must complete the ethics training required by that section not |
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89 | 89 | | later than April 1, 2010. A person who after January 1, 2010, is |
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90 | 90 | | elected or appointed to an office or employed in a position for |
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91 | 91 | | which the person is required to complete ethics training under |
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92 | 92 | | Section 571.071, Government Code, as amended by this Act, must |
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93 | 93 | | complete the ethics training required by that section in compliance |
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94 | 94 | | with that section. |
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95 | 95 | | SECTION 3. This Act takes effect January 1, 2010. |
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