By: Geren H.B. No. 3945
A BILL TO BE ENTITLED
AN ACT
relating to restrictions on introducing, sponsoring, or voting on
measures or bills in which a member of the legislature has certain
interests; creating a criminal offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 572.053, Government Code, is amended to
read as follows:
Sec. 572.053. VOTING BY LEGISLATORS ON CERTAIN MEASURES OR
BILLS; CRIMINAL OFFENSE. (a) A member of the legislature may not
vote on a measure or a bill, other than a measure or a bill that will
affect an entire class of business entities, if a reasonable person
would conclude that the measure or bill will [that will directly]
benefit [a specific business transaction of] a business entity in
which the member or the member's spouse has a controlling interest.
(a-1) A member of the legislature may not vote on a measure
or a bill, other than a measure or a bill that will affect an entire
class of business entities, if a reasonable person would conclude
that the measure or bill will benefit a specific business
transaction of a business entity that will result in the payment of
consideration to the member or the member's spouse.
(b) For purposes of [In] this section, a member of the
legislature or the member's spouse has a ["]controlling interest in
a business entity if [" includes]:
(1) the member or the member's spouse has an ownership
interest or participating interest by virtue of shares, stock, or
otherwise that exceeds 10 percent;
(2) the member or the member's spouse serves
[membership] on the board of directors or other governing body of
the business entity; [or]
(3) the member or the member's spouse serves [service]
as an officer of the business entity; or
(4) the affiliation of the member or the member's
spouse with the business entity resulted in the member or the
member's spouse receiving a pecuniary gain in an amount equal to or
greater than $1,000 over a period of one year.
(c) A member of the legislature commits an offense if the
member violates this section. An offense under this subsection is a
Class A misdemeanor and may be prosecuted in Travis County.
SECTION 2. The heading to Section 572.0531, Government
Code, is amended to read as follows:
Sec. 572.0531. NOTICE REQUIRED FOR INTRODUCTION OR
SPONSORSHIP OF OR VOTING ON CERTAIN MEASURES OR BILLS BY
LEGISLATORS; CRIMINAL OFFENSE.
SECTION 3. Section 572.0531, Government Code, is amended by
adding Subsections (a-1) and (e-1) to read as follows:
(a-1) A member of the legislature shall file a notice as
required by Subsection (b) before introducing, sponsoring, or
voting on a measure or bill if the member has a controlling interest
in an entity that will be affected by the measure or bill, or if the
member receives a pecuniary benefit from the entity through
employment, a contract or subcontract, a contingency fee
arrangement, a referral fee, or any other type of agreement with the
entity. For purposes of this subsection, a member has a controlling
interest in a business entity if the member would have a controlling
interest in the business entity for purposes of Section 572.053.
(e-1) A member of the legislature commits an offense if the
member violates Subsection (a-1). An offense under this subsection
is a Class A misdemeanor and may be prosecuted in Travis County.
SECTION 4. The changes in law made by this Act apply only to
a vote on a measure or a bill by a member of the legislature or the
filing of a notice by a member of the legislature made on or after
the effective date of this Act.
SECTION 5. This Act takes effect September 1, 2015.