| 1 | 1 | | 81R1285 JRH-D |
|---|
| 2 | 2 | | By: Ellis S.B. No. 142 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to certain restrictions on a person who serves as |
|---|
| 8 | 8 | | secretary of state. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. Subchapter A, Chapter 405, Government Code, is |
|---|
| 11 | 11 | | amended by adding Section 405.002 to read as follows: |
|---|
| 12 | 12 | | Sec. 405.002. POLITICAL ACTIVITY PROHIBITED. (a) The |
|---|
| 13 | 13 | | secretary of state may not engage in an activity that would aid or |
|---|
| 14 | 14 | | defeat a candidate or measure. |
|---|
| 15 | 15 | | (b) This section does not prevent the secretary of state |
|---|
| 16 | 16 | | from: |
|---|
| 17 | 17 | | (1) carrying out the duties of the office of secretary |
|---|
| 18 | 18 | | of state; |
|---|
| 19 | 19 | | (2) voting; or |
|---|
| 20 | 20 | | (3) making a monetary campaign contribution. |
|---|
| 21 | 21 | | (c) In this section, "candidate," "measure," and "campaign |
|---|
| 22 | 22 | | contribution" have the meanings assigned by Section 251.001, |
|---|
| 23 | 23 | | Election Code. |
|---|
| 24 | 24 | | SECTION 2. Section 121.002, Election Code, is amended to |
|---|
| 25 | 25 | | read as follows: |
|---|
| 26 | 26 | | Sec. 121.002. PECUNIARY INTEREST OF SECRETARY OF STATE. |
|---|
| 27 | 27 | | (a) The secretary of state may not have a pecuniary interest in the |
|---|
| 28 | 28 | | manufacturing or marketing of voting system equipment or software |
|---|
| 29 | 29 | | necessary for the operation of a voting system. |
|---|
| 30 | 30 | | (b) The secretary of state may not solicit or accept |
|---|
| 31 | 31 | | employment from a person who manufactures or markets voting system |
|---|
| 32 | 32 | | equipment or software necessary for the operation of a voting |
|---|
| 33 | 33 | | system before the second anniversary of the date on which the |
|---|
| 34 | 34 | | secretary of state's service ends. |
|---|
| 35 | 35 | | SECTION 3. The change in law made by Section 2 of this Act |
|---|
| 36 | 36 | | applies only to a secretary of state appointed on or after September |
|---|
| 37 | 37 | | 1, 2009. |
|---|
| 38 | 38 | | SECTION 4. This Act takes effect September 1, 2009. |
|---|