Texas 2013 - 83rd Regular

Texas House Bill HB582 Compare Versions

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Old	New	Differences
1	1	83R12413 CAE-D
2	2	By: Howard, Crownover H.B. No. 582
3	3	Substitute the following for H.B. No. 582:
4	4	By: Morrison C.S.H.B. No. 582
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to certain restrictions on contributions and expenditures
10	10	from political funds by a lobbyist; providing penalties.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subchapter A, Chapter 253, Election Code, is
13	13	amended by adding Section 253.006 to read as follows:
14	14	Sec. 253.006. CERTAIN CONTRIBUTIONS AND EXPENDITURES BY
15	15	LOBBYISTS RESTRICTED. (a) In this section, "administrative
16	16	action," "communicates directly with," "legislation," "member of
17	17	the executive branch," and "member of the legislative branch" have
18	18	the meanings assigned by Section 305.002, Government Code.
19	19	(b) Notwithstanding any other provision of law and except as
20	20	provided by Subsection (c), a person required to register under
21	21	Chapter 305, Government Code, may not, before the second
22	22	anniversary of the date the last term for which the person was
23	23	elected ends, knowingly make or authorize a political contribution
24	24	or political expenditure from political contributions accepted by
25	25	the person as a candidate or officeholder.
26	26	(c) Subsection (b) does not apply to a person who:
27	27	(1) communicates directly with a member of the
28	28	legislative or executive branch only to influence legislation or
29	29	administrative action on behalf of:
30	30	(A) a nonprofit organization exempt from federal
31	31	income taxation under Section 501(a), Internal Revenue Code of
32	32	1986, as an organization described by Section 501(c)(3) of that
33	33	code;
34	34	(B) a group of low-income individuals; or
35	35	(C) a group of individuals with disabilities;
36	36	and
37	37	(2) does not receive compensation other than
38	38	reimbursement for actual expenses for engaging in communication
39	39	described by Subdivision (1).
40	40	(d) A person who violates this section commits an offense.
41	41	An offense under this section is a Class A misdemeanor.
42	42	SECTION 2. Subchapter B, Chapter 305, Government Code, is
43	43	amended by adding Section 305.030 to read as follows:
44	44	Sec. 305.030. EXPENDITURES FROM POLITICAL CONTRIBUTIONS
45	45	RESTRICTED. (a) In this section, "political contribution" has the
46	46	meaning assigned by Section 251.001, Election Code.
47	47	(b) Notwithstanding any other provision of law and except as
48	48	provided by Subsection (c), a person required to register under
49	49	this chapter may not, before the second anniversary of the date the
50	50	last term for which the person was elected ends, knowingly make or
51	51	authorize an expenditure under this chapter from political
52	52	contributions accepted by the person as a candidate or
53	53	officeholder.
54	54	(c) Subsection (b) does not apply to a person who:
55	55	(1) communicates directly with a member of the
56	56	legislative or executive branch only to influence legislation or
57	57	administrative action on behalf of:
58	58	(A) a nonprofit organization exempt from federal
59	59	income taxation under Section 501(a), Internal Revenue Code of
60	60	1986, as an organization described by Section 501(c)(3) of that
61	61	code;
62	62	(B) a group of low-income individuals; or
63	63	(C) a group of individuals with disabilities;
64	64	and
65	65	(2) does not receive compensation other than
66	66	reimbursement for actual expenses for engaging in communication
67	67	described by Subdivision (1).
68	68	SECTION 3. Section 253.006, Election Code, as added by this
69	69	Act, and Section 305.030, Government Code, as added by this Act,
70	70	apply to a political contribution, political expenditure, or
71	71	lobbying expenditure made on or after September 1, 2013, from funds
72	72	accepted as a political contribution, regardless of the date the
73	73	funds were accepted.
74	74	SECTION 4. This Act takes effect September 1, 2013.