84R31346 ATP-D
By: Taylor of Collin, et al. S.B. No. 19
(Cook, Harless, Oliveira)
Substitute the following for S.B. No. 19: No.
A BILL TO BE ENTITLED
AN ACT
relating to the ethics of public officers and employees, the
disclosure of certain political contributions, and related
requirements and procedures; creating criminal offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. DISCLOSURE PROVISIONS
SECTION 1.01. Section 254.261, Election Code, is amended by
adding Subsection (e) to read as follows:
(e) This section does not apply to a person to whom
Subchapter K applies.
SECTION 1.02. Subchapter J, Chapter 254, Election Code, is
amended by adding Section 254.263 to read as follows:
Sec. 254.263. APPLICABILITY OF PRIVILEGE TO CERTAIN PERSONS
MAKING CERTAIN POLITICAL EXPENDITURES. The privilege established
under Subchapter C, Chapter 22, Civil Practice and Remedies Code,
does not apply to:
(1) a person who:
(A) is required to file a report under Section
254.261;
(B) controls a political committee;
(C) serves as the campaign treasurer of a
candidate or political committee; or
(D) makes a political expenditure described by
Section 253.100(a);
(2) a person who is required to be disclosed on federal
Internal Revenue Service Form 990 as an entity related to a person
described by Subdivision (1); or
(3) a person who is an employee or contractor of, who
acts under the control of, or who acts on behalf of a person
described by Subdivision (1) or (2).
SECTION 1.03. Effective September 1, 2015, Chapter 254,
Election Code, is amended by adding Subchapter K to read as follows:
SUBCHAPTER K. REPORTING BY CERTAIN PERSONS WHO ARE NOT POLITICAL
COMMITTEES
Sec. 254.281. DEFINITIONS. In this subchapter:
(1) "Contribution" has the meaning assigned by Section
251.001 and includes dues and gifts, except that the term does not
include a commercial transaction involving the transfer for
consideration of anything of value pursuant to a contract or
agreement that reflects the usual and normal business practice of
an industry.
(2) "Contribution in connection with campaign
activity" means a contribution from a donor to a person or group
that, at the time that the donor makes the contribution, the donor
knows or has reason to know may be used to make a political
contribution or political expenditure or may be commingled with
other funds used to make a political contribution or political
expenditure. A donor who signs a statement indicating that the
donor's contribution to the person or group may not be used to make
a political contribution or political expenditure does not have
reason to know that the donor's contribution may be used to make a
political contribution or political expenditure.
(3) "Donor" means a person who makes a contribution to
a person or group to whom this subchapter applies, regardless of
whether the person making the contribution is a member of the person
or group that accepts the contribution.
Sec. 254.282. APPLICABILITY OF SUBCHAPTER. This subchapter
applies only to a person or group that:
(1) is not a political committee;
(2) accepts one or more contributions in connection
with campaign activity from a person that in the aggregate exceed
$2,000 during a reporting period; and
(3) makes one or more political expenditures,
excluding expenditures authorized by Sections 253.098, 253.099,
253.100, and 253.104, that in the aggregate exceed $25,000 during a
calendar year.
Sec. 254.283. REPORTING REQUIREMENTS. (a) Except as
otherwise provided by this subchapter, a person or group shall
comply with this chapter as if the person or group were the campaign
treasurer of a general-purpose committee that does not file monthly
reports under Section 254.155.
(b) A person or group is not required to file a campaign
treasurer appointment for accepting contributions or making
political expenditures for which reporting is required under this
subchapter, unless the person or group is otherwise required to
file a campaign treasurer appointment under this title.
(c) A person or group is not required to file a report under
this subchapter if:
(1) the person or group is required to disclose the
contributions and political expenditures in another report
required under this title within the time applicable under this
subchapter for reporting the contributions and political
expenditures; or
(2) no reportable activity occurs during the reporting
period.
Sec. 254.284. CONTENTS OF REPORT. (a) Disclosure of a
contribution as provided by Sections 254.031 and 254.151 is
required in a report under this subchapter only if:
(1) the contribution is a contribution in connection
with campaign activity; and
(2) the aggregate amount of contributions in
connection with campaign activity accepted from a person exceeds
$2,000 during the reporting period.
(b) A report required under this subchapter is not required
to include:
(1) any contributions accepted by the person or group
that are not contributions in connection with campaign activity;
(2) the total amount of unitemized political
contributions accepted by the person or group;
(3) the total amount of political contributions
maintained by the person or group;
(4) any expenditures made by the person or group that
are not political expenditures;
(5) the total amount of unitemized political
expenditures made by the person or group; or
(6) the principal amount of all of the person's or
group's outstanding loans.
(c) The first report required to be filed in a calendar year
in which the $2,000 or $25,000 threshold under Section 254.282 is
exceeded must include all contributions in connection with campaign
activity accepted from a person that in the aggregate exceed $2,000
and all political expenditures made in the 12 months immediately
preceding the acceptance of the contribution in connection with
campaign activity or the making of the political expenditure that
triggers the reporting requirements of this subchapter and not
previously reported as required under this subchapter.
Sec. 254.285. NONREPORTABLE PERSONAL TRAVEL EXPENSE. A
contribution consisting of personal travel expense incurred by an
individual is not required to be reported under this subchapter if
the individual receives no reimbursement for the expense.
Sec. 254.286. NONREPORTABLE PERSONAL SERVICE. A
contribution consisting of an individual's personal service is not
required to be reported under this subchapter if the individual
receives no compensation for the service.
SECTION 1.04. Section 305.002(5), Government Code, is
amended to read as follows:
(5) "Expenditure" means a payment, distribution,
loan, advance, reimbursement, deposit, or gift of money or any
thing of value and includes a contract, promise, or agreement,
whether or not legally enforceable, to make an expenditure. The
term does not include a payment benefiting a member of the
legislative or executive branch if the member fully reimburses the
person making the expenditure before the date on which the person
would otherwise be required to report the payment under this title.
SECTION 1.05. Effective September 1, 2015, Section 305.027,
Government Code, is amended by amending Subsection (e) and adding
Subsection (f) to read as follows:
(e) In this section:
(1) "Automated dial announcing device" means
automated equipment used for telephone solicitation or collection
that can:
(A) store telephone numbers to be called or
produce numbers to be called through use of a random or sequential
number generator; and
(B) convey, alone or in conjunction with other
equipment, a prerecorded or synthesized voice message to the number
called without the use of a live operator.
(2) "Legislative [, "legislative] advertising" means
a communication that supports, opposes, or proposes legislation and
that:
(A) [(1)] in return for consideration, is
published in a newspaper, magazine, or other periodical or is
broadcast by radio or television; [or]
(B) [(2)] appears in a pamphlet, circular,
flier, billboard or other sign, bumper sticker, button, or similar
form of written communication; or
(C) is conveyed to a member of the legislature
using an automated dial announcing device.
(f) A person commits an offense if the person knowingly
communicates or knowingly enters into a contract to communicate
legislative advertising to a member of the legislature using an
automated dial announcing device. Notwithstanding Section
305.031, an offense under this subsection is a Class B misdemeanor.
SECTION 1.06. Section 572.021, Government Code, is amended
to read as follows:
Sec. 572.021. FINANCIAL STATEMENT REQUIRED. (a) Except as
provided by Section 572.0211, a state officer, a partisan or
independent candidate for an office as an elected officer, and a
state party chair shall file with the commission a verified
financial statement complying with Sections 572.022 through
572.0252.
(b) Each financial statement filed under this subchapter
must be submitted electronically through a secure website
maintained by the commission using software that meets the
commission's specifications.
SECTION 1.07. Section 572.023, Government Code, is amended
by amending Subsection (b) and adding Subsection (e) to read as
follows:
(b) The account of financial activity consists of:
(1) a list of all sources of occupational income,
identified by employer, or if self-employed, by the nature of the
occupation, including identification of a person or other
organization from which the individual or a business in which the
individual has a substantial interest received a fee as a retainer
for a claim on future services in case of need, as distinguished
from a fee for services on a matter specified at the time of
contracting for or receiving the fee, if professional or
occupational services are not actually performed during the
reporting period equal to or in excess of the amount of the
retainer, and each source of a referral fee paid to a firm or other
business entity in which the individual has a substantial interest,
and the category of the amount of the fee;
(2) identification by name and the category of the
number of shares of stock of any business entity held or acquired,
and if sold, the category of the amount of net gain or loss realized
from the sale;
(3) a list of all bonds, notes, and other commercial
paper held or acquired, and if sold, the category of the amount of
net gain or loss realized from the sale;
(4) identification of each source and the category of
the amount of income in excess of $500 derived from each source from
interest, dividends, royalties, and rents;
(5) identification of each guarantor of a loan and
identification of each person or financial institution to whom a
personal note or notes or lease agreement for a total financial
liability in excess of $1,000 existed at any time during the year
and the category of the amount of the liability;
(6) identification by description of all beneficial
interests in real property and business entities held or acquired,
and if sold, the category of the amount of the net gain or loss
realized from the sale;
(7) identification of a person or other organization
from which the individual or the individual's spouse or dependent
children received a gift of anything of value in excess of $250 and
a description of each gift, except:
(A) a gift received from an individual related to
the individual at any time within the second degree by
consanguinity or affinity, as determined under Subchapter B,
Chapter 573;
(B) a political contribution that was reported as
required by Chapter 254, Election Code; and
(C) an expenditure required to be reported by a
person required to be registered under Chapter 305;
(8) identification of the source and the category of
the amount of all income received as beneficiary of a trust, other
than a blind trust that complies with Subsection (c), and
identification of each trust asset, if known to the beneficiary,
from which income was received by the beneficiary in excess of $500;
(9) identification by description and the category of
the amount of all assets and liabilities of a corporation, firm,
partnership, limited partnership, limited liability partnership,
professional corporation, professional association, joint venture,
or other business association in which 50 percent or more of the
outstanding ownership was held, acquired, or sold;
(10) a list of all boards of directors of which the
individual is a member and executive positions that the individual
holds in corporations, firms, partnerships, limited partnerships,
limited liability partnerships, professional corporations,
professional associations, joint ventures, or other business
associations or proprietorships, stating the name of each
corporation, firm, partnership, limited partnership, limited
liability partnership, professional corporation, professional
association, joint venture, or other business association or
proprietorship and the position held;
(11) identification of any person providing
transportation, meals, or lodging expenses permitted under Section
36.07(b), Penal Code, and the amount of those expenses, other than
expenditures required to be reported under Chapter 305;
(12) any corporation, firm, partnership, limited
partnership, limited liability partnership, professional
corporation, professional association, joint venture, or other
business association, excluding a publicly held corporation, in
which both the individual and a person registered under Chapter 305
have an interest;
(13) identification by name and the category of the
number of shares of any mutual fund held or acquired, and if sold,
the category of the amount of net gain or loss realized from the
sale; [and]
(14) identification of each blind trust that complies
with Subsection (c), including:
(A) the category of the fair market value of the
trust;
(B) the date the trust was created;
(C) the name and address of the trustee; and
(D) a statement signed by the trustee, under
penalty of perjury, stating that:
(i) the trustee has not revealed any
information to the individual, except information that may be
disclosed under Subdivision (8); and
(ii) to the best of the trustee's knowledge,
the trust complies with this section;
(15) identification of each contract or subcontract
with a public entity to which the individual or the individual's
spouse is a party and each paid relationship the individual or the
individual's spouse has with a public entity; and
(16) identification of any other source of earned or
unearned income not reported under another provision of this
subsection, including federal or state governmental disability
payments, other public benefits, or a pension, individual
retirement account, or other retirement plan, and the category of
the amount of income derived from each source.
(e) In this section:
(1) "Public benefit" includes the value of an
exemption from taxation of the total appraised value of a residence
homestead.
(2) "Public entity" includes this state and a
political subdivision of this state.
SECTION 1.08. Subchapter B, Chapter 572, Government Code,
is amended by adding Section 572.0231 to read as follows:
Sec. 572.0231. AFFIRMATION OF SUBMISSION OF FEDERAL INCOME
TAX RETURN AND TAX PAYMENTS. (a) An individual filing a statement
under this subchapter shall include with the statement an
affirmation that:
(1) the individual has filed a federal personal income
tax return for the preceding calendar year and has made all payments
as required for federal income taxes owed by the individual for the
preceding year; or
(2) the individual has filed for and is submitting the
personal financial statement within the period of a valid extension
for the filing of a federal personal income tax return.
(b) An individual filing a statement under this subchapter
shall include with the statement an affirmation that the individual
has paid all property taxes due and payable by the individual on the
date the statement is filed.
SECTION 1.09. Subchapter B, Chapter 572, Government Code,
is amended by adding Sections 572.0253 and 572.0254 to read as
follows:
Sec. 572.0253. INFORMATION ABOUT GOVERNMENT CONTRACT
CONSULTING SERVICES. (a) In this section, "government contract
consulting services" means services to advise or assist a person or
entity in maintaining, applying for, soliciting, or entering into a
contract with this state or a political subdivision of this state.
(b) A state officer who receives compensation for
government contract consulting services performed by the officer
shall report on the financial statement the name of each person to
whom the officer provided the services and the category of the
amount of compensation actually received.
Sec. 572.0254. PRE-APPOINTMENT STATEMENT OF POLITICAL
CONTRIBUTIONS MADE BY APPOINTED OFFICER OR SPOUSE. (a) In this
section, "political contribution" has the meaning assigned by
Section 251.001, Election Code.
(b) Notwithstanding the filing dates provided by Section
572.026, before being appointed as an appointed officer by the
governor, lieutenant governor, or speaker of the house of
representatives, an individual must file with the commission a
statement that discloses any political contributions made during
the two years preceding the individual's nomination to the
appointed office by the individual or the individual's spouse to:
(1) the appointing officer as a candidate or
officeholder; or
(2) a specific-purpose political committee for:
(A) supporting the appointing officer;
(B) opposing the appointing officer's opponent;
or
(C) assisting the appointing officer as an
officeholder.
SECTION 1.10. Section 572.026(d), Government Code, is
amended to read as follows:
(d) An individual required to file a financial statement
under Subsection (a) may request the commission to grant an
extension of not more than 60 days for filing the statement. [The
commission shall grant the request if it is received before the
filing deadline or if a timely filing or request for extension is
prevented because of physical or mental incapacity.] The
commission may not grant an [more than one] extension to an
individual [in one year] except for good cause shown, as determined
by the commission.
SECTION 1.11. Subchapter B, Chapter 572, Government Code,
is amended by adding Section 572.0295 to read as follows:
Sec. 572.0295. PERSONAL FINANCIAL STATEMENT. (a) A person
who files a report under this chapter may amend the report.
(b) A report that is amended before the eighth day after the
date the original report was filed is considered to have been filed
on the date on which the original report was filed.
(c) A report that is amended on or after the eighth day after
the original report was filed is considered to have been filed on
the date on which the original report was filed if:
(1) the amendment is made before any complaint is
filed with the commission regarding the subject of the amendment;
and
(2) the original report was made in good faith and
without an intent to mislead or to misrepresent the information
contained in the report.
SECTION 1.12. Section 572.032, Government Code, is amended
by amending Subsections (a) and (c) and adding Subsections (a-2)
and (d) to read as follows:
(a) Financial statements filed under this subchapter are
public records. The commission shall maintain the statements in
separate alphabetical files and in a manner that is accessible to
the public during regular office hours and make the statements
available in a searchable format to the public on the commission's
website not later than the third business day after the date the
statement is required to be filed or is actually filed, whichever is
later.
(a-2) The commission shall remove the home address of an
individual from a financial statement filed by the individual under
this subchapter before making the statement available to the public
on the commission's Internet website.
(c) After the second anniversary of the date the individual
ceases to be a state officer, the commission may and on notification
from the former state officer shall:
(1) destroy each financial statement filed by the
state officer; and
(2) remove each financial statement filed by the state
officer from the commission's Internet website.
(d) The commission is not required to continue to make
available on its website a financial statement that may be
destroyed under Subsection (c).
ARTICLE 2. CONFLICTS OF INTEREST
SECTION 2.01. Effective January 1, 2017, Subchapter A,
Chapter 253, Election Code, is amended by adding Section 253.006 to
read as follows:
Sec. 253.006. CERTAIN CONTRIBUTIONS AND EXPENDITURES BY
LOBBYISTS RESTRICTED. (a) Notwithstanding any other provision of
law, a person required to register under Chapter 305, Government
Code, may not, before the second anniversary of the date the last
term for which the person was elected ends, knowingly make or
authorize a political contribution or political expenditure from
political contributions accepted by the person as a candidate or
officeholder.
(b) A person who violates this section commits an offense.
An offense under this section is a Class A misdemeanor.
SECTION 2.02. Effective September 1, 2015, Sections
305.0061(a), (b), and (c), Government Code, are amended to read as
follows:
(a) If a registrant or a person on the registrant's behalf
and with the registrant's consent or ratification makes
expenditures that exceed an amount set by the commission that is not
less than $50 or greater than 60 percent of the amount of the
legislative per diem in a day for transportation or lodging for a
member of the legislative or executive branch or for the immediate
family of a member of the legislative or executive branch, the
registrant shall also state the following on the report filed under
Section 305.006:
(1) the name of the member of the legislative or
executive branch in whose behalf the expenditure is made;
(2) the place and date of the transportation or
lodging; and
(3) the purpose of the transportation or lodging.
(b) If a registrant or a person on the registrant's behalf
and with the registrant's consent or ratification makes
expenditures that exceed an amount set by the commission that is not
less than $50 or greater than 60 percent of the amount of the
legislative per diem in a day for food and beverages for a member of
the legislative or executive branch or for the immediate family of a
member of the legislative or executive branch or makes expenditures
that exceed an amount set by the commission that is not less than
$50 or greater than 60 percent of the amount of the legislative per
diem in a day for entertainment for a member of the legislative or
executive branch or for the immediate family of a member of the
legislative or executive branch, the registrant shall also state
the following on the report filed under Section 305.006:
(1) the name of the member of the legislative or
executive branch in whose behalf the expenditure is made;
(2) the place and date of the expenditure; and
(3) the amount of the expenditure by the appropriate
category of the amount, as determined by the commission.
(c) If a registrant or a person on the registrant's behalf
and with the registrant's consent or ratification gives to a member
of the legislative or executive branch, or to the immediate family
of a member of the legislative or executive branch, a gift or an
award or memento, the value of which exceeds $50 per gift, award, or
memento, the registrant shall also state the following on the
report filed under Section 305.006:
(1) the name of the member of the legislative or
executive branch in whose behalf the expenditure is made;
(2) a general description of the gift, award, or
memento; and
(3) the amount of the expenditure by the appropriate
category of the amount, as determined by the commission.
SECTION 2.03. Effective January 1, 2017, Subchapter B,
Chapter 305, Government Code, is amended by adding Section 305.029
to read as follows:
Sec. 305.029. EXPENDITURES FROM POLITICAL CONTRIBUTIONS
RESTRICTED. (a) In this section, "political contribution" has the
meaning assigned by Section 251.001, Election Code.
(b) Notwithstanding any other provision of law, a person
required to register under this chapter may not, before the second
anniversary of the date the last term for which the person was
elected ends, knowingly make or authorize an expenditure under this
chapter from political contributions accepted by the person as a
candidate or officeholder.
SECTION 2.04. Effective September 1, 2015, Section 572.002,
Government Code, is amended by adding Subdivision (5-a) to read as
follows:
(5-a) "Member of the governor's senior staff" means a
person employed by the governor acting in the governor's official
capacity whose regular job duties include:
(A) formulating policy or testifying before and
meeting with members of the legislature; or
(B) supervising other employees in the
governor's office whose regular job duties include those described
by Paragraph (A).
SECTION 2.05. Effective January 1, 2017, 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) In this section, "pecuniary benefit"
includes the avoidance of a pecuniary detriment.
(b) A member of the legislature may not vote on a measure or
a bill if the member or the member's spouse would receive a direct
and substantial pecuniary benefit because of the vote[, other than
a measure that will affect an entire class of business entities,
that will directly benefit a specific business transaction of a
business entity in which the member has a controlling interest].
(c) [(b)] A member of the legislature is not prohibited from
voting on a measure or bill if the benefit accrues to the member or
the member's spouse as part of a class, including a profession,
occupation, or industry, to no greater an extent than to the rest of
the class [In this section, "controlling interest" includes:
[(1) an ownership interest or participating interest
by virtue of shares, stock, or otherwise that exceeds 10 percent;
[(2) membership on the board of directors or other
governing body of the business entity; or
[(3) service as an officer of the business entity].
(d) [(c)] A member of the legislature prohibited from
voting on a measure or bill under Subsection (b) is not prohibited
from participating in debate or deliberation in connection with the
bill or measure.
(e) A member of the legislature commits an offense if the
member intentionally votes on a measure or bill in violation of
Subsection (b) [violates this section]. An offense under this
subsection is a Class A misdemeanor.
SECTION 2.06. Effective January 1, 2017, Subchapter C,
Chapter 572, Government Code, is amended by adding Section 572.0532
to read as follows:
Sec. 572.0532. ETHICS COUNSELOR; ETHICS ANALYSIS; CONFLICT
OF INTEREST OPINION. (a) The ethics counselor is a licensed
attorney designated by the Texas Legislative Council. The Texas
Legislative Council may designate more than one ethics counselor.
(b) Not later than the 30th day after the legislature
convenes in regular session, the ethics counselor shall review the
most recently filed financial statement of each member of the
legislature and shall provide the member with an ethics analysis of
the member's financial interests. The ethics analysis shall
identify the subjects of legislation upon which a vote by the member
has the potential to violate the duties imposed by Section 572.053
and by Section 22, Article III, Texas Constitution.
(c) A member of the legislature may request an opinion with
respect to the member's duty under Section 572.053 in relation to a
specific bill or measure from the ethics counselor or another
attorney designated by the legislative chamber in which the member
serves. The ethics counselor or other attorney, as applicable,
shall issue the opinion not later than the 10th day after receiving
a request under this subsection. An opinion issued under this
subsection is confidential.
(d) A member of the legislature who reasonably relies on an
ethics analysis provided under Subsection (b) or an opinion issued
under Subsection (c) is not subject to a criminal penalty or other
sanction for a violation of Section 572.053, provided that the
material facts are substantially similar to the facts stated in the
opinion request.
(e) An ethics analysis provided under Subsection (b) is
public information.
SECTION 2.07. Effective September 1, 2015, the heading to
Section 572.054, Government Code, is amended to read as follows:
Sec. 572.054. REPRESENTATION BY FORMER OFFICER OR EMPLOYEE
OF GOVERNOR OR REGULATORY AGENCY RESTRICTED; CRIMINAL OFFENSE.
SECTION 2.08. Section 572.054, Government Code, is amended
by adding Subsection (b-1) to read as follows:
(b-1) A member of the governor's senior staff who ceases
employment with the governor may not make any communication to or
appearance before the governor or a member of the governor's senior
staff for which the former staff member receives a benefit and with
the intent to influence action by the governor before:
(1) the end of the governor's term during which the
staff member's employment ceased; or
(2) if the staff member's employment ceased during the
final 12 months of the governor's term, the end of that term and, if
the governor is reelected, the next succeeding term of office.
SECTION 2.09. Effective September 1, 2015, Subchapter C,
Chapter 572, Government Code, is amended by adding Section 572.063
to read as follows:
Sec. 572.063. CERTAIN REFERRALS FOR LEGAL SERVICES
PROHIBITED. (a) A member of the legislature or an executive
officer elected in a statewide election who is a member of the State
Bar of Texas or who is licensed to practice law in another state, a
federal court, or a United States territory may make or receive a
referral for legal services for monetary compensation or any other
benefit only if the referral:
(1) complies with the rules of the State Bar of Texas;
and
(2) is evidenced by a written contract between the
parties who are subject to the referral.
(b) A person commits an offense if the person violates this
section. An offense under this section is a Class A misdemeanor.
ARTICLE 3. ETHICS COMMISSION FILINGS AND PROCEEDINGS
SECTION 3.01. Section 571.067, Government Code, is amended
to read as follows:
Sec. 571.067. COMPUTER SOFTWARE. (a) The commission may
develop computer software to facilitate the discharge of its
statutory duties and for that purpose may:
(1) acquire, apply for, register, secure, hold,
protect, and renew under the laws of the State of Texas, the United
States, any state in the United States, or any nation:
(A) a patent for the invention, discovery, or
improvement of any new and useful process, machine, manufacture,
composition of matter, art, or method, including any new use of a
known process, machine, manufacture, composition of matter, art, or
method;
(B) a copyright for an original work of
authorship fixed in any tangible medium of expression, now known or
later developed, from which it can be perceived, reproduced, or
otherwise communicated, either directly or with the aid of a
machine or device;
(C) a trademark, service mark, collective mark,
or certification mark for a word, name, symbol, device, or slogan
that the commission uses to identify and distinguish its goods and
services from other goods and services; or
(D) other evidence of protection or exclusivity
issued for intellectual property;
(2) contract with a person or entity for the
reproduction, distribution, public performance, display,
advertising, marketing, lease, licensing, sale, use, or other
distribution of the commission's intellectual property;
(3) obtain under a contract described in Subdivision
(2) a royalty, license, right, or other appropriate means of
securing reasonable compensation for the exercise of rights with
respect to the commission's intellectual property; and
(4) waive, increase, or reduce the amount of
compensation secured by a contract under Subdivision (3) if the
commission determines that the waiver, increase, or reduction will:
(A) further a goal or mission of the commission;
and
(B) result in a net benefit to the state.
(b) Money paid to the commission under this section shall be
deposited to the credit of the general revenue fund.
SECTION 3.02. Section 571.0671, Government Code, is amended
by adding Subsection (d) to read as follows:
(d) Electronic report data saved in a commission temporary
storage location for later retrieval and editing before the report
is filed is confidential and may be withheld from disclosure
without the necessity of requesting a decision from the attorney
general. After the report is filed, the information disclosed in
the report is subject to the law requiring the filing of the report.
SECTION 3.03. Section 571.0771(a), Government Code, is
amended to read as follows:
(a) A statement, registration, or report required that is
filed with the commission is not considered to be late for purposes
of any applicable civil or criminal penalty for late filing of the
statement, registration, or report if:
(1) any error or omission in the statement,
registration, or report as originally filed was made in good faith;
and
(2) not later than the 14th business day after the date
the person filing the statement, registration, or report learns
that the statement, registration, or report as originally filed is
inaccurate or incomplete, the person files:
(A) a corrected or amended statement,
registration, or report; and
(B) an affidavit stating that the error or
omission in the original statement, registration, or report was
made in good faith.
SECTION 3.04. Effective January 1, 2016, Section 571.133,
Government Code, is amended by amending Subsection (d) and adding
Subsection (e) to read as follows:
(d) An appeal brought under this section is not limited to
questions of law, and the substantial evidence rule does not apply.
The action shall be determined by trial de novo. The reviewing
court shall try all issues of fact and law in the manner applicable
to other civil suits in this state but may not admit in evidence the
fact of prior action by the commission or the nature of that action,
except to the limited extent necessary to show compliance with
statutory provisions that vest jurisdiction in the court. A party
is entitled, on demand, to a jury determination of any issue of fact
on which a jury determination is available in other civil suits in
this state. This subsection does not apply to an appeal of a final
decision of the commission if the final decision is that the
respondent violated Chapter 305.
(e) An appeal of a final decision of the commission that the
respondent violated Chapter 305 is considered to be a contested
case under Chapter 2001 and the standard of review is by substantial
evidence.
SECTION 3.05. Subchapter E, Chapter 571, Government Code,
is amended by adding Section 571.1401 to read as follows:
Sec. 571.1401. CERTAIN DISCLOSURE OF INFORMATION. (a) To
protect the public interest, the commission may disclose to a law
enforcement agency information that is confidential under Section
571.140(a).
(b) The commission may disclose information under this
section only to the extent necessary for the recipient of the
information to perform a duty or function that is in addition to the
commission's duties and functions.
(c) Information disclosed to a law enforcement agency under
this section remains confidential, and the agency must take
appropriate measures to maintain that confidentiality.
(d) A person commits an offense if the person discloses
confidential information obtained under this section. An offense
under this subsection is a Class C misdemeanor.
SECTION 3.06. Section 571.176, Government Code, is amended
by amending Subsections (a) and (b) and adding Subsections (a-1)
and (a-2) to read as follows:
(a) The commission may impose a civil penalty of not more
than $10,000 for the filing of a frivolous or bad-faith complaint.
In this section:
(1) a complaint is frivolous if the complaint
[subsection, "frivolous complaint" means a complaint that] is
groundless and brought in bad faith or is groundless and brought for
the purpose of harassment; and
(2) a complaint is groundless if the complaint does
not allege a violation of the law that is material, nonclerical, or
nontechnical.
(a-1) The commission shall award to the respondent of a
frivolous complaint:
(1) costs, reasonable attorney's fees, and other
expenses incurred in defending against the complaint as justice and
equity may require; and
(2) sanctions against the person who filed the
complaint as the commission determines sufficient to deter the
person from filing similar frivolous complaints.
(a-2) The person who filed the complaint is liable to the
respondent for the costs, fees, and expenses awarded by the
commission under Subsection (a-1)(1).
(b) In addition to other penalties, a person who files a
frivolous complaint is civilly liable to the respondent in an
amount equal to the greater of $10,000 or the amount of actual
damages incurred by the respondent[, including court costs and
attorney fees].
ARTICLE 4. VACANCY ON CERTAIN CONVICTIONS
SECTION 4.01. Chapter 301, Government Code, is amended by
adding Subchapter Z to read as follows:
SUBCHAPTER Z. MISCELLANEOUS PROVISIONS
Sec. 301.901. VACANCY ON FINAL FELONY CONVICTION OF MEMBER
OF LEGISLATURE. A member of the legislature convicted of a felony
vacates the member's office on the date the conviction becomes
final.
ARTICLE 5. RECORDS OF CERTAIN ORAL COMMUNICATIONS
SECTION 5.01. Section 306.002, Government Code, is amended
to read as follows:
Sec. 306.002. APPLICATION. This chapter applies to:
(1) records and communications collected and
maintained by members of the legislature and the lieutenant
governor on June 12, 1985, as well as to records made and
communications received by those officials on or after that date;
and
(2) oral communications to members of the legislature
and the lieutenant governor.
SECTION 5.02. Chapter 306, Government Code, is amended by
adding Section 306.0041 to read as follows:
Sec. 306.0041. INTERCEPTION OF ORAL COMMUNICATIONS MADE IN
THE CAPITOL. (a) In this chapter:
(1) "Intercept" means the aural acquisition of the
contents of a communication through the use of an electronic,
mechanical, or other device that is made without the consent of all
parties to the communication, but does not include the ordinary use
of:
(A) a telephone or telegraph instrument or
facility or telephone or telegraph equipment;
(B) a hearing aid designed to correct subnormal
hearing to not better than normal;
(C) a radio, television, or other wireless
receiver; or
(D) a cable system that relays a public wireless
broadcast from a common antenna to a receiver.
(2) "Protected oral communication" means an oral
communication uttered by a person exhibiting an expectation that
the communication is not subject to interception under
circumstances justifying that expectation. The term does not
include an electronic communication.
(b) To ensure the right of the citizens of this state to
petition state government, as guaranteed by Article I, Section 27,
Texas Constitution, by protecting the confidentiality of
communications of citizens with a member of the legislature or the
lieutenant governor, a person has a justified expectation that the
person's oral communication with a member of the legislature or the
lieutenant governor while in the state capitol is not subject to
interception. A person whose oral communication with a member of
the legislature or the lieutenant governor consists of testimony at
a public meeting of a legislative committee or agency does not have
a justified expectation that the communication is not subject to
interception.
(c) A party to a protected oral communication with a member
of the legislature or the lieutenant governor while in the state
capitol has a civil cause of action against a person who:
(1) intercepts, attempts to intercept, or employs or
obtains another to intercept or attempt to intercept the
communication; or
(2) uses or divulges information that the person knows
or reasonably should know was obtained by interception of the
communication.
(d) This section does not apply to a party to an oral
communication if an interception or attempted interception of the
communication is authorized by 18 U.S.C. Section 2516, or if the
party has an affirmative defense to prosecution under Section
16.02, Penal Code, other than Subsection (c)(4) of that section.
(e) A person who establishes a cause of action under this
section is entitled to:
(1) an injunction prohibiting a further interception,
attempted interception, or divulgence or use of information
obtained by an interception;
(2) statutory damages of $10,000 for each occurrence;
(3) all actual damages in excess of $10,000;
(4) punitive damages in an amount determined by the
court or jury; and
(5) reasonable attorney's fees and costs.
(f) Chapter 27, Civil Practice and Remedies Code, does not
apply to a legal action authorized by this section.
ARTICLE 6. REPEALER
SECTION 6.01. Section 572.032(b), Government Code, is
repealed.
ARTICLE 7. TRANSITIONS; EFFECTIVE DATE
SECTION 7.01. Sections 253.006, Election Code, and 305.029,
Government Code, as added by this Act, apply to a political
contribution, political expenditure, or lobbying expenditure made
on or after January 1, 2017, from funds accepted as a political
contribution, regardless of the date the funds were accepted.
SECTION 7.02. Subchapter K, Chapter 254, Election Code, as
added by this Act, applies only to the reporting of a contribution
in connection with campaign activity or a political expenditure
made on or after September 1, 2015. A contribution or expenditure
made before September 1, 2015, is governed by the law in effect when
the contribution or expenditure was made, and the former law is
continued in effect for that purpose.
SECTION 7.03. The change in law made by this Act to Section
305.002, Government Code, applies only to an expenditure made on or
after the effective date of this Act. An expenditure made before
the effective date of this Act is governed by the law in effect when
the expenditure was made, and the former law is continued in effect
for that purpose.
SECTION 7.04. The changes in law made by this Act to Section
305.0061, Government Code, apply only to a gift, award, or memento
given to or expenditures for transportation, lodging, food,
beverages, or entertainment made for a member of the legislative or
executive branch or the immediate family of a member of the
legislative or executive branch on or after September 1, 2015. A
gift, award, or memento given to or an expenditure for
transportation, lodging, food, beverages, or entertainment made
for a member of the legislative or executive branch or the immediate
family of a member of the legislative or executive branch before
September 1, 2015, is governed by the law in effect on the date the
gift, award, or memento was given, or the date the expenditure for
transportation, lodging, food, beverages, or entertainment was
made, and the former law is continued in effect for that purpose.
SECTION 7.05. The change in law made by this Act to Chapter
306, Government Code, applies to a communication that is:
(1) described by Section 306.0041(c)(1), Government
Code, as added by this Act, and made on or after the effective date
of this Act; and
(2) used or divulged as described by Section
306.0041(c)(2), Government Code, as added by this Act, on or after
the effective date of this Act, without regard to when the
communication was made.
SECTION 7.06. Section 571.133, Government Code, as amended
by this Act, applies only to an appeal of a final decision of the
Texas Ethics Commission filed on or after January 1, 2016. An
appeal of a final decision of the Texas Ethics Commission filed
before January 1, 2016, is governed by the law in effect when the
appeal was filed, and the former law is continued in effect for that
purpose.
SECTION 7.07. The changes in law made by this Act to
Subchapter B, Chapter 572, Government Code, apply only to a
financial statement filed under Subchapter B, Chapter 572,
Government Code, as amended by this Act, on or after January 1,
2016. A financial statement filed before January 1, 2016, is
governed by the law in effect on the date of filing, and the former
law is continued in effect for that purpose.
SECTION 7.08. (a) The changes in law made by this Act to
Sections 305.027(f), 572.054, and 572.063, Government Code, apply
only to an offense committed on or after September 1, 2015. For
purposes of this section, an offense is committed before the
effective date of this Act if any element of the offense occurs
before that date.
(b) An offense committed before September 1, 2015, is
governed by the law in effect when the offense was committed, and
the former law is continued in effect for that purpose.
SECTION 7.09. (a) The change in law made by this Act to
Section 572.053, Government Code, applies only to an offense
committed on or after January 1, 2017. For purposes of this section,
an offense is committed before January 1, 2017, if any element of
the offense occurs before that date.
(b) An offense committed before January 1, 2017, is governed
by the law in effect when the offense was committed, and the former
law is continued in effect for that purpose.
SECTION 7.10. Except as otherwise provided by this Act,
this Act takes effect immediately if it receives a vote of
two-thirds of all the members elected to each house, as provided by
Section 39, Article III, Texas Constitution. If this Act does not
receive the vote necessary for immediate effect, this Act takes
effect September 1, 2015.