| 1 | 1 | | 84R243 CAE-D |
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| 2 | 2 | | By: Larson H.B. No. 159 |
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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 the reimbursement of state funds used on out-of-state |
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| 8 | 8 | | travel by elected officers. |
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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. Subtitle B, Title 5, Government Code, is amended |
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| 11 | 11 | | by adding Chapter 576 to read as follows: |
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| 12 | 12 | | CHAPTER 576. REIMBURSEMENT FOR STATE-FUNDED TRAVEL AND SECURITY |
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| 13 | 13 | | Sec. 576.001. DEFINITIONS. In this chapter: |
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| 14 | 14 | | (1) "Commission" means the Texas Ethics Commission. |
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| 15 | 15 | | (2) "Elected officer" means a member of the |
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| 16 | 16 | | legislature or the holder of an office of state government that is |
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| 17 | 17 | | voted on statewide, including a person appointed to fill a vacancy |
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| 18 | 18 | | in such an office. |
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| 19 | 19 | | Sec. 576.002. DISCLOSURE OF STATE-FUNDED TRAVEL OUTSIDE |
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| 20 | 20 | | THIS STATE. (a) An elected officer who uses any state funds for |
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| 21 | 21 | | transportation or security for travel outside this state shall file |
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| 22 | 22 | | a disclosure with the commission. A disclosure filed under this |
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| 23 | 23 | | chapter must be filed electronically. |
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| 24 | 24 | | (b) The disclosure must include: |
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| 25 | 25 | | (1) the dates on which the travel occurred; |
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| 26 | 26 | | (2) the locations where the travel occurred; |
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| 27 | 27 | | (3) the cost of the travel; |
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| 28 | 28 | | (4) the purpose of the travel; and |
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| 29 | 29 | | (5) the use to which the state-funded transportation |
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| 30 | 30 | | or security personnel was put. |
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| 31 | 31 | | Sec. 576.003. FILING DEADLINE. An elected officer shall |
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| 32 | 32 | | file a disclosure under this chapter not later than July 15 for |
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| 33 | 33 | | travel ending on or after January 1 and on or before June 30. An |
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| 34 | 34 | | elected officer shall file the disclosure not later than January 15 |
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| 35 | 35 | | for travel ending on or after July 1 and on or before December 31 of |
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| 36 | 36 | | the previous year. |
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| 37 | 37 | | Sec. 576.004. COMMISSION REVIEW; REIMBURSEMENT. (a) The |
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| 38 | 38 | | commission shall review the disclosure not later than the 90th day |
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| 39 | 39 | | after the date the disclosure is filed. |
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| 40 | 40 | | (b) Not later than the 10th day after the date a review is |
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| 41 | 41 | | completed under Subsection (a), the commission shall send written |
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| 42 | 42 | | notice to the elected officer stating whether the commission |
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| 43 | 43 | | determined that the state-funded transportation or security was |
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| 44 | 44 | | used for official state business. |
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| 45 | 45 | | (c) An elected officer receiving notice under Subsection |
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| 46 | 46 | | (b) that the transportation or security was not used for official |
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| 47 | 47 | | state business shall reimburse the state for the cost of the travel |
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| 48 | 48 | | plus interest calculated at a rate equal to inflation. |
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| 49 | 49 | | SECTION 2. Section 571.061(a), Government Code, is amended |
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| 50 | 50 | | to read as follows: |
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| 51 | 51 | | (a) The commission shall administer and enforce: |
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| 52 | 52 | | (1) Chapters 302, 303, 305, 572, 576, and 2004; |
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| 53 | 53 | | (2) Subchapter C, Chapter 159, Local Government Code, |
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| 54 | 54 | | in connection with a county judicial officer, as defined by Section |
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| 55 | 55 | | 159.051, Local Government Code, who elects to file a financial |
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| 56 | 56 | | statement with the commission; |
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| 57 | 57 | | (3) Title 15, Election Code; and |
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| 58 | 58 | | (4) Sections 2152.064 and 2155.003. |
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| 59 | 59 | | SECTION 3. Section 571.091(a), Government Code, is amended |
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| 60 | 60 | | to read as follows: |
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| 61 | 61 | | (a) The commission shall prepare a written opinion |
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| 62 | 62 | | answering the request of a person subject to any of the following |
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| 63 | 63 | | laws for an opinion about the application of any of these laws to |
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| 64 | 64 | | the person in regard to a specified existing or hypothetical |
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| 65 | 65 | | factual situation: |
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| 66 | 66 | | (1) Chapter 302; |
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| 67 | 67 | | (2) Chapter 303; |
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| 68 | 68 | | (3) Chapter 305; |
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| 69 | 69 | | (4) Chapter 2004; |
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| 70 | 70 | | (5) Chapter 572; |
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| 71 | 71 | | (6) Subchapter C, Chapter 159, Local Government Code, |
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| 72 | 72 | | as provided by Section 571.061(a)(2); |
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| 73 | 73 | | (7) Title 15, Election Code; |
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| 74 | 74 | | (8) Chapter 36, Penal Code; |
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| 75 | 75 | | (9) Chapter 39, Penal Code; |
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| 76 | 76 | | (10) Section 2152.064; [or] |
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| 77 | 77 | | (11) Section 2155.003; or |
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| 78 | 78 | | (12) Chapter 576. |
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| 79 | 79 | | SECTION 4. The change in law made by this Act applies only |
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| 80 | 80 | | to travel beginning on or after September 1, 2015. Travel beginning |
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| 81 | 81 | | before September 1, 2015, is governed by the law in effect on the |
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| 82 | 82 | | date the travel began, and that law is continued in effect for that |
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| 83 | 83 | | purpose. |
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| 84 | 84 | | SECTION 5. This Act takes effect September 1, 2015. |
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