| 1 | 1 | | By: Geren H.B. No. 3945 |
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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 restrictions on introducing, sponsoring, or voting on |
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| 7 | 7 | | measures or bills in which a member of the legislature has certain |
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| 8 | 8 | | interests; creating a criminal offense. |
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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. Section 572.053, Government Code, is amended to |
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| 11 | 11 | | read as follows: |
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| 12 | 12 | | Sec. 572.053. VOTING BY LEGISLATORS ON CERTAIN MEASURES OR |
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| 13 | 13 | | BILLS; CRIMINAL OFFENSE. (a) A member of the legislature may not |
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| 14 | 14 | | vote on a measure or a bill, other than a measure or a bill that will |
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| 15 | 15 | | affect an entire class of business entities, if a reasonable person |
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| 16 | 16 | | would conclude that the measure or bill will [that will directly] |
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| 17 | 17 | | benefit [a specific business transaction of] a business entity in |
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| 18 | 18 | | which the member or the member's spouse has a controlling interest. |
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| 19 | 19 | | (a-1) A member of the legislature may not vote on a measure |
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| 20 | 20 | | or a bill, other than a measure or a bill that will affect an entire |
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| 21 | 21 | | class of business entities, if a reasonable person would conclude |
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| 22 | 22 | | that the measure or bill will benefit a specific business |
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| 23 | 23 | | transaction of a business entity that will result in the payment of |
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| 24 | 24 | | consideration to the member or the member's spouse. |
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| 25 | 25 | | (b) For purposes of [In] this section, a member of the |
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| 26 | 26 | | legislature or the member's spouse has a ["]controlling interest in |
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| 27 | 27 | | a business entity if [" includes]: |
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| 28 | 28 | | (1) the member or the member's spouse has an ownership |
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| 29 | 29 | | interest or participating interest by virtue of shares, stock, or |
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| 30 | 30 | | otherwise that exceeds 10 percent; |
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| 31 | 31 | | (2) the member or the member's spouse serves |
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| 32 | 32 | | [membership] on the board of directors or other governing body of |
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| 33 | 33 | | the business entity; [or] |
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| 34 | 34 | | (3) the member or the member's spouse serves [service] |
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| 35 | 35 | | as an officer of the business entity; or |
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| 36 | 36 | | (4) the affiliation of the member or the member's |
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| 37 | 37 | | spouse with the business entity resulted in the member or the |
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| 38 | 38 | | member's spouse receiving a pecuniary gain in an amount equal to or |
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| 39 | 39 | | greater than $1,000 over a period of one year. |
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| 40 | 40 | | (c) A member of the legislature commits an offense if the |
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| 41 | 41 | | member violates this section. An offense under this subsection is a |
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| 42 | 42 | | Class A misdemeanor and may be prosecuted in Travis County. |
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| 43 | 43 | | SECTION 2. The heading to Section 572.0531, Government |
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| 44 | 44 | | Code, is amended to read as follows: |
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| 45 | 45 | | Sec. 572.0531. NOTICE REQUIRED FOR INTRODUCTION OR |
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| 46 | 46 | | SPONSORSHIP OF OR VOTING ON CERTAIN MEASURES OR BILLS BY |
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| 47 | 47 | | LEGISLATORS; CRIMINAL OFFENSE. |
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| 48 | 48 | | SECTION 3. Section 572.0531, Government Code, is amended by |
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| 49 | 49 | | adding Subsections (a-1) and (e-1) to read as follows: |
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| 50 | 50 | | (a-1) A member of the legislature shall file a notice as |
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| 51 | 51 | | required by Subsection (b) before introducing, sponsoring, or |
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| 52 | 52 | | voting on a measure or bill if the member has a controlling interest |
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| 53 | 53 | | in an entity that will be affected by the measure or bill, or if the |
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| 54 | 54 | | member receives a pecuniary benefit from the entity through |
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| 55 | 55 | | employment, a contract or subcontract, a contingency fee |
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| 56 | 56 | | arrangement, a referral fee, or any other type of agreement with the |
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| 57 | 57 | | entity. For purposes of this subsection, a member has a controlling |
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| 58 | 58 | | interest in a business entity if the member would have a controlling |
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| 59 | 59 | | interest in the business entity for purposes of Section 572.053. |
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| 60 | 60 | | (e-1) A member of the legislature commits an offense if the |
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| 61 | 61 | | member violates Subsection (a-1). An offense under this subsection |
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| 62 | 62 | | is a Class A misdemeanor and may be prosecuted in Travis County. |
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| 63 | 63 | | SECTION 4. The changes in law made by this Act apply only to |
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| 64 | 64 | | a vote on a measure or a bill by a member of the legislature or the |
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| 65 | 65 | | filing of a notice by a member of the legislature made on or after |
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| 66 | 66 | | the effective date of this Act. |
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| 67 | 67 | | SECTION 5. This Act takes effect September 1, 2015. |
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