Texas 2015 - 84th Regular

Texas Senate Bill SB19 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Taylor of Collin S.B. No. 19
2		-	(In the Senate - Filed March 13, 2015; March 16, 2015, read
3		-	first time and referred to Committee on State Affairs;
4		-	April 22, 2015, reported adversely, with favorable Committee
5		-	Substitute by the following vote: Yeas 6, Nays 1; April 22, 2015,
6		-	sent to printer.)
7		-	Click here to see the committee vote
8		-	COMMITTEE SUBSTITUTE FOR S.B. No. 19 By: Creighton
	1	+	84R31346 ATP-D
	2	+	By: Taylor of Collin, et al. S.B. No. 19
	3	+	(Cook, Harless, Oliveira)
	4	+	Substitute the following for S.B. No. 19: No.
9	5
10	6
11	7		A BILL TO BE ENTITLED
12	8		AN ACT
13		-	relating to the ethics of public officers and related requirements;
14		-	creating criminal offenses.
	9	+	relating to the ethics of public officers and employees, the
	10	+	disclosure of certain political contributions, and related
	11	+	requirements and procedures; creating criminal offenses.
15	12		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16		-	ARTICLE 1. DISCLOSURE OF CONTRACTS WITH GOVERNMENTAL ENTITIES
17		-	SECTION 1.01. Section 572.023, Government Code, is amended
	13	+	ARTICLE 1. DISCLOSURE PROVISIONS
	14	+	SECTION 1.01. Section 254.261, Election Code, is amended by
	15	+	adding Subsection (e) to read as follows:
	16	+	(e) This section does not apply to a person to whom
	17	+	Subchapter K applies.
	18	+	SECTION 1.02. Subchapter J, Chapter 254, Election Code, is
	19	+	amended by adding Section 254.263 to read as follows:
	20	+	Sec. 254.263. APPLICABILITY OF PRIVILEGE TO CERTAIN PERSONS
	21	+	MAKING CERTAIN POLITICAL EXPENDITURES. The privilege established
	22	+	under Subchapter C, Chapter 22, Civil Practice and Remedies Code,
	23	+	does not apply to:
	24	+	(1) a person who:
	25	+	(A) is required to file a report under Section
	26	+	254.261;
	27	+	(B) controls a political committee;
	28	+	(C) serves as the campaign treasurer of a
	29	+	candidate or political committee; or
	30	+	(D) makes a political expenditure described by
	31	+	Section 253.100(a);
	32	+	(2) a person who is required to be disclosed on federal
	33	+	Internal Revenue Service Form 990 as an entity related to a person
	34	+	described by Subdivision (1); or
	35	+	(3) a person who is an employee or contractor of, who
	36	+	acts under the control of, or who acts on behalf of a person
	37	+	described by Subdivision (1) or (2).
	38	+	SECTION 1.03. Effective September 1, 2015, Chapter 254,
	39	+	Election Code, is amended by adding Subchapter K to read as follows:
	40	+	SUBCHAPTER K. REPORTING BY CERTAIN PERSONS WHO ARE NOT POLITICAL
	41	+	COMMITTEES
	42	+	Sec. 254.281. DEFINITIONS. In this subchapter:
	43	+	(1) "Contribution" has the meaning assigned by Section
	44	+	251.001 and includes dues and gifts, except that the term does not
	45	+	include a commercial transaction involving the transfer for
	46	+	consideration of anything of value pursuant to a contract or
	47	+	agreement that reflects the usual and normal business practice of
	48	+	an industry.
	49	+	(2) "Contribution in connection with campaign
	50	+	activity" means a contribution from a donor to a person or group
	51	+	that, at the time that the donor makes the contribution, the donor
	52	+	knows or has reason to know may be used to make a political
	53	+	contribution or political expenditure or may be commingled with
	54	+	other funds used to make a political contribution or political
	55	+	expenditure. A donor who signs a statement indicating that the
	56	+	donor's contribution to the person or group may not be used to make
	57	+	a political contribution or political expenditure does not have
	58	+	reason to know that the donor's contribution may be used to make a
	59	+	political contribution or political expenditure.
	60	+	(3) "Donor" means a person who makes a contribution to
	61	+	a person or group to whom this subchapter applies, regardless of
	62	+	whether the person making the contribution is a member of the person
	63	+	or group that accepts the contribution.
	64	+	Sec. 254.282. APPLICABILITY OF SUBCHAPTER. This subchapter
	65	+	applies only to a person or group that:
	66	+	(1) is not a political committee;
	67	+	(2) accepts one or more contributions in connection
	68	+	with campaign activity from a person that in the aggregate exceed
	69	+	$2,000 during a reporting period; and
	70	+	(3) makes one or more political expenditures,
	71	+	excluding expenditures authorized by Sections 253.098, 253.099,
	72	+	253.100, and 253.104, that in the aggregate exceed $25,000 during a
	73	+	calendar year.
	74	+	Sec. 254.283. REPORTING REQUIREMENTS. (a) Except as
	75	+	otherwise provided by this subchapter, a person or group shall
	76	+	comply with this chapter as if the person or group were the campaign
	77	+	treasurer of a general-purpose committee that does not file monthly
	78	+	reports under Section 254.155.
	79	+	(b) A person or group is not required to file a campaign
	80	+	treasurer appointment for accepting contributions or making
	81	+	political expenditures for which reporting is required under this
	82	+	subchapter, unless the person or group is otherwise required to
	83	+	file a campaign treasurer appointment under this title.
	84	+	(c) A person or group is not required to file a report under
	85	+	this subchapter if:
	86	+	(1) the person or group is required to disclose the
	87	+	contributions and political expenditures in another report
	88	+	required under this title within the time applicable under this
	89	+	subchapter for reporting the contributions and political
	90	+	expenditures; or
	91	+	(2) no reportable activity occurs during the reporting
	92	+	period.
	93	+	Sec. 254.284. CONTENTS OF REPORT. (a) Disclosure of a
	94	+	contribution as provided by Sections 254.031 and 254.151 is
	95	+	required in a report under this subchapter only if:
	96	+	(1) the contribution is a contribution in connection
	97	+	with campaign activity; and
	98	+	(2) the aggregate amount of contributions in
	99	+	connection with campaign activity accepted from a person exceeds
	100	+	$2,000 during the reporting period.
	101	+	(b) A report required under this subchapter is not required
	102	+	to include:
	103	+	(1) any contributions accepted by the person or group
	104	+	that are not contributions in connection with campaign activity;
	105	+	(2) the total amount of unitemized political
	106	+	contributions accepted by the person or group;
	107	+	(3) the total amount of political contributions
	108	+	maintained by the person or group;
	109	+	(4) any expenditures made by the person or group that
	110	+	are not political expenditures;
	111	+	(5) the total amount of unitemized political
	112	+	expenditures made by the person or group; or
	113	+	(6) the principal amount of all of the person's or
	114	+	group's outstanding loans.
	115	+	(c) The first report required to be filed in a calendar year
	116	+	in which the $2,000 or $25,000 threshold under Section 254.282 is
	117	+	exceeded must include all contributions in connection with campaign
	118	+	activity accepted from a person that in the aggregate exceed $2,000
	119	+	and all political expenditures made in the 12 months immediately
	120	+	preceding the acceptance of the contribution in connection with
	121	+	campaign activity or the making of the political expenditure that
	122	+	triggers the reporting requirements of this subchapter and not
	123	+	previously reported as required under this subchapter.
	124	+	Sec. 254.285. NONREPORTABLE PERSONAL TRAVEL EXPENSE. A
	125	+	contribution consisting of personal travel expense incurred by an
	126	+	individual is not required to be reported under this subchapter if
	127	+	the individual receives no reimbursement for the expense.
	128	+	Sec. 254.286. NONREPORTABLE PERSONAL SERVICE. A
	129	+	contribution consisting of an individual's personal service is not
	130	+	required to be reported under this subchapter if the individual
	131	+	receives no compensation for the service.
	132	+	SECTION 1.04. Section 305.002(5), Government Code, is
	133	+	amended to read as follows:
	134	+	(5) "Expenditure" means a payment, distribution,
	135	+	loan, advance, reimbursement, deposit, or gift of money or any
	136	+	thing of value and includes a contract, promise, or agreement,
	137	+	whether or not legally enforceable, to make an expenditure. The
	138	+	term does not include a payment benefiting a member of the
	139	+	legislative or executive branch if the member fully reimburses the
	140	+	person making the expenditure before the date on which the person
	141	+	would otherwise be required to report the payment under this title.
	142	+	SECTION 1.05. Effective September 1, 2015, Section 305.027,
	143	+	Government Code, is amended by amending Subsection (e) and adding
	144	+	Subsection (f) to read as follows:
	145	+	(e) In this section:
	146	+	(1) "Automated dial announcing device" means
	147	+	automated equipment used for telephone solicitation or collection
	148	+	that can:
	149	+	(A) store telephone numbers to be called or
	150	+	produce numbers to be called through use of a random or sequential
	151	+	number generator; and
	152	+	(B) convey, alone or in conjunction with other
	153	+	equipment, a prerecorded or synthesized voice message to the number
	154	+	called without the use of a live operator.
	155	+	(2) "Legislative [, "legislative] advertising" means
	156	+	a communication that supports, opposes, or proposes legislation and
	157	+	that:
	158	+	(A) [(1)] in return for consideration, is
	159	+	published in a newspaper, magazine, or other periodical or is
	160	+	broadcast by radio or television; [or]
	161	+	(B) [(2)] appears in a pamphlet, circular,
	162	+	flier, billboard or other sign, bumper sticker, button, or similar
	163	+	form of written communication; or
	164	+	(C) is conveyed to a member of the legislature
	165	+	using an automated dial announcing device.
	166	+	(f) A person commits an offense if the person knowingly
	167	+	communicates or knowingly enters into a contract to communicate
	168	+	legislative advertising to a member of the legislature using an
	169	+	automated dial announcing device. Notwithstanding Section
	170	+	305.031, an offense under this subsection is a Class B misdemeanor.
	171	+	SECTION 1.06. Section 572.021, Government Code, is amended
	172	+	to read as follows:
	173	+	Sec. 572.021. FINANCIAL STATEMENT REQUIRED. (a) Except as
	174	+	provided by Section 572.0211, a state officer, a partisan or
	175	+	independent candidate for an office as an elected officer, and a
	176	+	state party chair shall file with the commission a verified
	177	+	financial statement complying with Sections 572.022 through
	178	+	572.0252.
	179	+	(b) Each financial statement filed under this subchapter
	180	+	must be submitted electronically through a secure website
	181	+	maintained by the commission using software that meets the
	182	+	commission's specifications.
	183	+	SECTION 1.07. Section 572.023, Government Code, is amended
18	184		by amending Subsection (b) and adding Subsection (e) to read as
19	185		follows:
20	186		(b) The account of financial activity consists of:
21	187		(1) a list of all sources of occupational income,
22	188		identified by employer, or if self-employed, by the nature of the
23	189		occupation, including identification of a person or other
24	190		organization from which the individual or a business in which the
25	191		individual has a substantial interest received a fee as a retainer
26	192		for a claim on future services in case of need, as distinguished
27	193		from a fee for services on a matter specified at the time of
28	194		contracting for or receiving the fee, if professional or
29	195		occupational services are not actually performed during the
30	196		reporting period equal to or in excess of the amount of the
31		-	retainer, and the category of the amount of the fee;
	197	+	retainer, and each source of a referral fee paid to a firm or other
	198	+	business entity in which the individual has a substantial interest,
	199	+	and the category of the amount of the fee;
32	200		(2) identification by name and the category of the
33	201		number of shares of stock of any business entity held or acquired,
34	202		and if sold, the category of the amount of net gain or loss realized
35	203		from the sale;
36	204		(3) a list of all bonds, notes, and other commercial
37	205		paper held or acquired, and if sold, the category of the amount of
38	206		net gain or loss realized from the sale;
39	207		(4) identification of each source and the category of
40	208		the amount of income in excess of $500 derived from each source from
41	209		interest, dividends, royalties, and rents;
42	210		(5) identification of each guarantor of a loan and
43	211		identification of each person or financial institution to whom a
44	212		personal note or notes or lease agreement for a total financial
45	213		liability in excess of $1,000 existed at any time during the year
46	214		and the category of the amount of the liability;
47	215		(6) identification by description of all beneficial
48	216		interests in real property and business entities held or acquired,
49	217		and if sold, the category of the amount of the net gain or loss
50	218		realized from the sale;
51	219		(7) identification of a person or other organization
52	220		from which the individual or the individual's spouse or dependent
53	221		children received a gift of anything of value in excess of $250 and
54	222		a description of each gift, except:
55	223		(A) a gift received from an individual related to
56	224		the individual at any time within the second degree by
57	225		consanguinity or affinity, as determined under Subchapter B,
58	226		Chapter 573;
59	227		(B) a political contribution that was reported as
60	228		required by Chapter 254, Election Code; and
61	229		(C) an expenditure required to be reported by a
62	230		person required to be registered under Chapter 305;
63	231		(8) identification of the source and the category of
64	232		the amount of all income received as beneficiary of a trust, other
65	233		than a blind trust that complies with Subsection (c), and
66	234		identification of each trust asset, if known to the beneficiary,
67	235		from which income was received by the beneficiary in excess of $500;
68	236		(9) identification by description and the category of
69	237		the amount of all assets and liabilities of a corporation, firm,
70	238		partnership, limited partnership, limited liability partnership,
71	239		professional corporation, professional association, joint venture,
72	240		or other business association in which 50 percent or more of the
73	241		outstanding ownership was held, acquired, or sold;
74	242		(10) a list of all boards of directors of which the
75	243		individual is a member and executive positions that the individual
76	244		holds in corporations, firms, partnerships, limited partnerships,
77	245		limited liability partnerships, professional corporations,
78	246		professional associations, joint ventures, or other business
79	247		associations or proprietorships, stating the name of each
80	248		corporation, firm, partnership, limited partnership, limited
81	249		liability partnership, professional corporation, professional
82	250		association, joint venture, or other business association or
83	251		proprietorship and the position held;
84	252		(11) identification of any person providing
85	253		transportation, meals, or lodging expenses permitted under Section
86	254		36.07(b), Penal Code, and the amount of those expenses, other than
87	255		expenditures required to be reported under Chapter 305;
88	256		(12) any corporation, firm, partnership, limited
89	257		partnership, limited liability partnership, professional
90	258		corporation, professional association, joint venture, or other
91	259		business association, excluding a publicly held corporation, in
92	260		which both the individual and a person registered under Chapter 305
93	261		have an interest;
94	262		(13) identification by name and the category of the
95	263		number of shares of any mutual fund held or acquired, and if sold,
96	264		the category of the amount of net gain or loss realized from the
97	265		sale; [and]
98	266		(14) identification of each blind trust that complies
99	267		with Subsection (c), including:
100	268		(A) the category of the fair market value of the
101	269		trust;
102	270		(B) the date the trust was created;
103	271		(C) the name and address of the trustee; and
104	272		(D) a statement signed by the trustee, under
105	273		penalty of perjury, stating that:
106	274		(i) the trustee has not revealed any
107	275		information to the individual, except information that may be
108	276		disclosed under Subdivision (8); and
109	277		(ii) to the best of the trustee's knowledge,
110	278		the trust complies with this section;
111		-	(15) if the aggregate cost of goods or services sold
112		-	under one or more written contracts described by this subdivision
113		-	exceeds $10,000 in the year covered by the report, identification
114		-	of each written contract, including the name of each party to the
115		-	contract:
116		-	(A) for the sale of:
117		-	(i) goods in the amount of $2,500 or more;
	279	+	(15) identification of each contract or subcontract
	280	+	with a public entity to which the individual or the individual's
	281	+	spouse is a party and each paid relationship the individual or the
	282	+	individual's spouse has with a public entity; and
	283	+	(16) identification of any other source of earned or
	284	+	unearned income not reported under another provision of this
	285	+	subsection, including federal or state governmental disability
	286	+	payments, other public benefits, or a pension, individual
	287	+	retirement account, or other retirement plan, and the category of
	288	+	the amount of income derived from each source.
	289	+	(e) In this section:
	290	+	(1) "Public benefit" includes the value of an
	291	+	exemption from taxation of the total appraised value of a residence
	292	+	homestead.
	293	+	(2) "Public entity" includes this state and a
	294	+	political subdivision of this state.
	295	+	SECTION 1.08. Subchapter B, Chapter 572, Government Code,
	296	+	is amended by adding Section 572.0231 to read as follows:
	297	+	Sec. 572.0231. AFFIRMATION OF SUBMISSION OF FEDERAL INCOME
	298	+	TAX RETURN AND TAX PAYMENTS. (a) An individual filing a statement
	299	+	under this subchapter shall include with the statement an
	300	+	affirmation that:
	301	+	(1) the individual has filed a federal personal income
	302	+	tax return for the preceding calendar year and has made all payments
	303	+	as required for federal income taxes owed by the individual for the
	304	+	preceding year; or
	305	+	(2) the individual has filed for and is submitting the
	306	+	personal financial statement within the period of a valid extension
	307	+	for the filing of a federal personal income tax return.
	308	+	(b) An individual filing a statement under this subchapter
	309	+	shall include with the statement an affirmation that the individual
	310	+	has paid all property taxes due and payable by the individual on the
	311	+	date the statement is filed.
	312	+	SECTION 1.09. Subchapter B, Chapter 572, Government Code,
	313	+	is amended by adding Sections 572.0253 and 572.0254 to read as
	314	+	follows:
	315	+	Sec. 572.0253. INFORMATION ABOUT GOVERNMENT CONTRACT
	316	+	CONSULTING SERVICES. (a) In this section, "government contract
	317	+	consulting services" means services to advise or assist a person or
	318	+	entity in maintaining, applying for, soliciting, or entering into a
	319	+	contract with this state or a political subdivision of this state.
	320	+	(b) A state officer who receives compensation for
	321	+	government contract consulting services performed by the officer
	322	+	shall report on the financial statement the name of each person to
	323	+	whom the officer provided the services and the category of the
	324	+	amount of compensation actually received.
	325	+	Sec. 572.0254. PRE-APPOINTMENT STATEMENT OF POLITICAL
	326	+	CONTRIBUTIONS MADE BY APPOINTED OFFICER OR SPOUSE. (a) In this
	327	+	section, "political contribution" has the meaning assigned by
	328	+	Section 251.001, Election Code.
	329	+	(b) Notwithstanding the filing dates provided by Section
	330	+	572.026, before being appointed as an appointed officer by the
	331	+	governor, lieutenant governor, or speaker of the house of
	332	+	representatives, an individual must file with the commission a
	333	+	statement that discloses any political contributions made during
	334	+	the two years preceding the individual's nomination to the
	335	+	appointed office by the individual or the individual's spouse to:
	336	+	(1) the appointing officer as a candidate or
	337	+	officeholder; or
	338	+	(2) a specific-purpose political committee for:
	339	+	(A) supporting the appointing officer;
	340	+	(B) opposing the appointing officer's opponent;
118	341		or
119		-	(ii) services, including professional
120		-	services as defined by Section 2254.002, consulting services as
121		-	defined by Section 2254.021, or legal counsel, in the amount of
122		-	$5,000 or more;
123		-	(B) to which the individual or any business
124		-	entity of which the individual has at least a 50 percent ownership
125		-	interest is a party; and
126		-	(C) with:
127		-	(i) a governmental entity; or
128		-	(ii) a person who contracts with a
129		-	governmental entity, to fulfill one or more of the person's
130		-	obligations to the governmental entity under that contract; and
131		-	(16) if the individual is a member of the legislature
132		-	and provides bond counsel services to an issuer, as defined by
133		-	Section 1201.002(1), identification of the following for each
134		-	issuance for which the individual served as bond counsel:
135		-	(A) the amount of the issuance;
136		-	(B) the name of the issuer;
137		-	(C) the date of the issuance;
138		-	(D) the amount of fees paid to the individual,
139		-	and whether the amount is:
140		-	(i) less than $5,000;
141		-	(ii) at least $5,000 but less than $10,000;
142		-	(iii) at least $10,000 but less than
143		-	$25,000; or
144		-	(iv) $25,000 or more; and
145		-	(E) the amount of fees paid to the individual's
146		-	firm, if applicable, and whether the amount is:
147		-	(i) less than $5,000;
148		-	(ii) at least $5,000 but less than $10,000;
149		-	(iii) at least $10,000 but less than
150		-	$25,000; or
151		-	(iv) $25,000 or more.
152		-	(e) In this section, "governmental entity" means the state,
153		-	a political subdivision of the state, or an agency or department of
154		-	the state or a political subdivision of the state.
155		-	SECTION 1.02. Subchapter B, Chapter 572, Government Code,
	342	+	(C) assisting the appointing officer as an
	343	+	officeholder.
	344	+	SECTION 1.10. Section 572.026(d), Government Code, is
	345	+	amended to read as follows:
	346	+	(d) An individual required to file a financial statement
	347	+	under Subsection (a) may request the commission to grant an
	348	+	extension of not more than 60 days for filing the statement. [The
	349	+	commission shall grant the request if it is received before the
	350	+	filing deadline or if a timely filing or request for extension is
	351	+	prevented because of physical or mental incapacity.] The
	352	+	commission may not grant an [more than one] extension to an
	353	+	individual [in one year] except for good cause shown, as determined
	354	+	by the commission.
	355	+	SECTION 1.11. Subchapter B, Chapter 572, Government Code,
156	356		is amended by adding Section 572.0295 to read as follows:
157	357		Sec. 572.0295. PERSONAL FINANCIAL STATEMENT. (a) A person
158	358		who files a report under this chapter may amend the report.
159	359		(b) A report that is amended before the eighth day after the
160	360		date the original report was filed is considered to have been filed
161	361		on the date on which the original report was filed.
162	362		(c) A report that is amended on or after the eighth day after
163	363		the original report was filed is considered to have been filed on
164	364		the date on which the original report was filed if:
165	365		(1) the amendment is made before any complaint is
166		-	filed with regard to the subject of the amendment; and
	366	+	filed with the commission regarding the subject of the amendment;
	367	+	and
167	368		(2) the original report was made in good faith and
168	369		without an intent to mislead or to misrepresent the information
169	370		contained in the report.
	371	+	SECTION 1.12. Section 572.032, Government Code, is amended
	372	+	by amending Subsections (a) and (c) and adding Subsections (a-2)
	373	+	and (d) to read as follows:
	374	+	(a) Financial statements filed under this subchapter are
	375	+	public records. The commission shall maintain the statements in
	376	+	separate alphabetical files and in a manner that is accessible to
	377	+	the public during regular office hours and make the statements
	378	+	available in a searchable format to the public on the commission's
	379	+	website not later than the third business day after the date the
	380	+	statement is required to be filed or is actually filed, whichever is
	381	+	later.
	382	+	(a-2) The commission shall remove the home address of an
	383	+	individual from a financial statement filed by the individual under
	384	+	this subchapter before making the statement available to the public
	385	+	on the commission's Internet website.
	386	+	(c) After the second anniversary of the date the individual
	387	+	ceases to be a state officer, the commission may and on notification
	388	+	from the former state officer shall:
	389	+	(1) destroy each financial statement filed by the
	390	+	state officer; and
	391	+	(2) remove each financial statement filed by the state
	392	+	officer from the commission's Internet website.
	393	+	(d) The commission is not required to continue to make
	394	+	available on its website a financial statement that may be
	395	+	destroyed under Subsection (c).
170	396		ARTICLE 2. CONFLICTS OF INTEREST
171		-	SECTION 2.01. Section 141.001, Election Code, is amended by
172		-	amending Subsection (a) and adding Subsections (d) and (e) to read
173		-	as follows:
174		-	(a) To be eligible to be a candidate for, or elected or
175		-	appointed to, a public elective office in this state, a person must:
176		-	(1) be a United States citizen;
177		-	(2) be 18 years of age or older on the first day of the
178		-	term to be filled at the election or on the date of appointment, as
179		-	applicable;
180		-	(3) have not been determined by a final judgment of a
181		-	court exercising probate jurisdiction to be:
182		-	(A) totally mentally incapacitated; or
183		-	(B) partially mentally incapacitated without the
184		-	right to vote;
185		-	(4) have not been finally convicted of a felony from
186		-	which the person has not been pardoned or otherwise released from
187		-	the resulting disabilities;
188		-	(5) have resided continuously in the state for 12
189		-	months and in the territory from which the office is elected for six
190		-	months immediately preceding the following date:
191		-	(A) for a candidate whose name is to appear on a
192		-	general primary election ballot, the date of the regular filing
193		-	deadline for a candidate's application for a place on the ballot;
194		-	(B) for an independent candidate, the date of the
195		-	regular filing deadline for a candidate's application for a place
196		-	on the ballot;
197		-	(C) for a write-in candidate, the date of the
198		-	election at which the candidate's name is written in;
199		-	(D) for a party nominee who is nominated by any
200		-	method other than by primary election, the date the nomination is
201		-	made; and
202		-	(E) for an appointee to an office, the date the
203		-	appointment is made; [and]
204		-	(6) not be required to be registered as a lobbyist
205		-	under Chapter 305, Government Code; and
206		-	(7) satisfy any other eligibility requirements
207		-	prescribed by law for the office.
208		-	(d) Except as provided by Section 7.103(c), Education Code,
209		-	Subsection (a)(6) does not apply to:
210		-	(1) an office of a political subdivision with a
211		-	population of 150,000 or less, other than the office of presiding
212		-	officer of the governing body of the political subdivision,
213		-	provided that the officeholder does not receive a salary or wage for
214		-	that office; or
215		-	(2) the office of the presiding officer of the
216		-	governing body of a political subdivision with a population of
217		-	50,000 or less, provided that the presiding officer does not
218		-	receive a salary or wage for that office.
219		-	(e) In Subsection (d), a presiding officer or other
220		-	officeholder is not considered to have received a salary or wage if
221		-	the officeholder refuses to accept a salary or wage offered or
222		-	budgeted for that office.
223		-	SECTION 2.02. Subchapter A, Chapter 305, Government Code,
224		-	is amended by adding Section 305.0031 to read as follows:
225		-	Sec. 305.0031. CERTAIN ELECTED OFFICERS MAY NOT REGISTER.
226		-	(a) A member of Congress, a member of the legislature, or a holder
227		-	of a statewide office may not register under this chapter.
228		-	(b) A registration under this chapter expires on the date a
229		-	person takes office as a member of Congress, a member of the
230		-	legislature, or a holder of a statewide office.
231		-	SECTION 2.03. Subchapter C, Chapter 572, Government Code,
232		-	is amended by adding Sections 572.062 and 572.063 to read as
	397	+	SECTION 2.01. Effective January 1, 2017, Subchapter A,
	398	+	Chapter 253, Election Code, is amended by adding Section 253.006 to
	399	+	read as follows:
	400	+	Sec. 253.006. CERTAIN CONTRIBUTIONS AND EXPENDITURES BY
	401	+	LOBBYISTS RESTRICTED. (a) Notwithstanding any other provision of
	402	+	law, a person required to register under Chapter 305, Government
	403	+	Code, may not, before the second anniversary of the date the last
	404	+	term for which the person was elected ends, knowingly make or
	405	+	authorize a political contribution or political expenditure from
	406	+	political contributions accepted by the person as a candidate or
	407	+	officeholder.
	408	+	(b) A person who violates this section commits an offense.
	409	+	An offense under this section is a Class A misdemeanor.
	410	+	SECTION 2.02. Effective September 1, 2015, Sections
	411	+	305.0061(a), (b), and (c), Government Code, are amended to read as
233	412		follows:
234		-	Sec. 572.062. FORMER LEGISLATOR: LOBBYING RESTRICTED;
235		-	CRIMINAL OFFENSE. (a) In this section:
236		-	(1) "Administrative action," "communicates directly
237		-	with," "legislation," "member of the executive branch," and "member
238		-	of the legislative branch" have the meanings assigned by Section
239		-	305.002.
240		-	(2) "Legislative cycle" means the two-year period
241		-	beginning on the first day of a regular legislative session and
242		-	ending on the day before the first day of the succeeding regular
243		-	legislative session.
244		-	(b) Except as provided by Subsection (c), a former member of
245		-	the legislature may not engage in activities that require
246		-	registration under Chapter 305 before the end of the legislative
247		-	cycle following the legislative cycle in which the former member
248		-	last served as a member of the legislature.
249		-	(c) Subsection (b) does not apply to a former member who
250		-	does not receive compensation other than reimbursement for actual
251		-	expenses for communicating directly with a member of the
252		-	legislative or executive branch to influence legislation or
253		-	administrative action.
254		-	(d) A former member who violates this section commits an
255		-	offense. An offense under this section is a Class A misdemeanor.
	413	+	(a) If a registrant or a person on the registrant's behalf
	414	+	and with the registrant's consent or ratification makes
	415	+	expenditures that exceed an amount set by the commission that is not
	416	+	less than $50 or greater than 60 percent of the amount of the
	417	+	legislative per diem in a day for transportation or lodging for a
	418	+	member of the legislative or executive branch or for the immediate
	419	+	family of a member of the legislative or executive branch, the
	420	+	registrant shall also state the following on the report filed under
	421	+	Section 305.006:
	422	+	(1) the name of the member of the legislative or
	423	+	executive branch in whose behalf the expenditure is made;
	424	+	(2) the place and date of the transportation or
	425	+	lodging; and
	426	+	(3) the purpose of the transportation or lodging.
	427	+	(b) If a registrant or a person on the registrant's behalf
	428	+	and with the registrant's consent or ratification makes
	429	+	expenditures that exceed an amount set by the commission that is not
	430	+	less than $50 or greater than 60 percent of the amount of the
	431	+	legislative per diem in a day for food and beverages for a member of
	432	+	the legislative or executive branch or for the immediate family of a
	433	+	member of the legislative or executive branch or makes expenditures
	434	+	that exceed an amount set by the commission that is not less than
	435	+	$50 or greater than 60 percent of the amount of the legislative per
	436	+	diem in a day for entertainment for a member of the legislative or
	437	+	executive branch or for the immediate family of a member of the
	438	+	legislative or executive branch, the registrant shall also state
	439	+	the following on the report filed under Section 305.006:
	440	+	(1) the name of the member of the legislative or
	441	+	executive branch in whose behalf the expenditure is made;
	442	+	(2) the place and date of the expenditure; and
	443	+	(3) the amount of the expenditure by the appropriate
	444	+	category of the amount, as determined by the commission.
	445	+	(c) If a registrant or a person on the registrant's behalf
	446	+	and with the registrant's consent or ratification gives to a member
	447	+	of the legislative or executive branch, or to the immediate family
	448	+	of a member of the legislative or executive branch, a gift or an
	449	+	award or memento, the value of which exceeds $50 per gift, award, or
	450	+	memento, the registrant shall also state the following on the
	451	+	report filed under Section 305.006:
	452	+	(1) the name of the member of the legislative or
	453	+	executive branch in whose behalf the expenditure is made;
	454	+	(2) a general description of the gift, award, or
	455	+	memento; and
	456	+	(3) the amount of the expenditure by the appropriate
	457	+	category of the amount, as determined by the commission.
	458	+	SECTION 2.03. Effective January 1, 2017, Subchapter B,
	459	+	Chapter 305, Government Code, is amended by adding Section 305.029
	460	+	to read as follows:
	461	+	Sec. 305.029. EXPENDITURES FROM POLITICAL CONTRIBUTIONS
	462	+	RESTRICTED. (a) In this section, "political contribution" has the
	463	+	meaning assigned by Section 251.001, Election Code.
	464	+	(b) Notwithstanding any other provision of law, a person
	465	+	required to register under this chapter may not, before the second
	466	+	anniversary of the date the last term for which the person was
	467	+	elected ends, knowingly make or authorize an expenditure under this
	468	+	chapter from political contributions accepted by the person as a
	469	+	candidate or officeholder.
	470	+	SECTION 2.04. Effective September 1, 2015, Section 572.002,
	471	+	Government Code, is amended by adding Subdivision (5-a) to read as
	472	+	follows:
	473	+	(5-a) "Member of the governor's senior staff" means a
	474	+	person employed by the governor acting in the governor's official
	475	+	capacity whose regular job duties include:
	476	+	(A) formulating policy or testifying before and
	477	+	meeting with members of the legislature; or
	478	+	(B) supervising other employees in the
	479	+	governor's office whose regular job duties include those described
	480	+	by Paragraph (A).
	481	+	SECTION 2.05. Effective January 1, 2017, Section 572.053,
	482	+	Government Code, is amended to read as follows:
	483	+	Sec. 572.053. VOTING BY LEGISLATORS ON CERTAIN MEASURES OR
	484	+	BILLS; CRIMINAL OFFENSE. (a) In this section, "pecuniary benefit"
	485	+	includes the avoidance of a pecuniary detriment.
	486	+	(b) A member of the legislature may not vote on a measure or
	487	+	a bill if the member or the member's spouse would receive a direct
	488	+	and substantial pecuniary benefit because of the vote[, other than
	489	+	a measure that will affect an entire class of business entities,
	490	+	that will directly benefit a specific business transaction of a
	491	+	business entity in which the member has a controlling interest].
	492	+	(c) [(b)] A member of the legislature is not prohibited from
	493	+	voting on a measure or bill if the benefit accrues to the member or
	494	+	the member's spouse as part of a class, including a profession,
	495	+	occupation, or industry, to no greater an extent than to the rest of
	496	+	the class [In this section, "controlling interest" includes:
	497	+	[(1) an ownership interest or participating interest
	498	+	by virtue of shares, stock, or otherwise that exceeds 10 percent;
	499	+	[(2) membership on the board of directors or other
	500	+	governing body of the business entity; or
	501	+	[(3) service as an officer of the business entity].
	502	+	(d) [(c)] A member of the legislature prohibited from
	503	+	voting on a measure or bill under Subsection (b) is not prohibited
	504	+	from participating in debate or deliberation in connection with the
	505	+	bill or measure.
	506	+	(e) A member of the legislature commits an offense if the
	507	+	member intentionally votes on a measure or bill in violation of
	508	+	Subsection (b) [violates this section]. An offense under this
	509	+	subsection is a Class A misdemeanor.
	510	+	SECTION 2.06. Effective January 1, 2017, Subchapter C,
	511	+	Chapter 572, Government Code, is amended by adding Section 572.0532
	512	+	to read as follows:
	513	+	Sec. 572.0532. ETHICS COUNSELOR; ETHICS ANALYSIS; CONFLICT
	514	+	OF INTEREST OPINION. (a) The ethics counselor is a licensed
	515	+	attorney designated by the Texas Legislative Council. The Texas
	516	+	Legislative Council may designate more than one ethics counselor.
	517	+	(b) Not later than the 30th day after the legislature
	518	+	convenes in regular session, the ethics counselor shall review the
	519	+	most recently filed financial statement of each member of the
	520	+	legislature and shall provide the member with an ethics analysis of
	521	+	the member's financial interests. The ethics analysis shall
	522	+	identify the subjects of legislation upon which a vote by the member
	523	+	has the potential to violate the duties imposed by Section 572.053
	524	+	and by Section 22, Article III, Texas Constitution.
	525	+	(c) A member of the legislature may request an opinion with
	526	+	respect to the member's duty under Section 572.053 in relation to a
	527	+	specific bill or measure from the ethics counselor or another
	528	+	attorney designated by the legislative chamber in which the member
	529	+	serves. The ethics counselor or other attorney, as applicable,
	530	+	shall issue the opinion not later than the 10th day after receiving
	531	+	a request under this subsection. An opinion issued under this
	532	+	subsection is confidential.
	533	+	(d) A member of the legislature who reasonably relies on an
	534	+	ethics analysis provided under Subsection (b) or an opinion issued
	535	+	under Subsection (c) is not subject to a criminal penalty or other
	536	+	sanction for a violation of Section 572.053, provided that the
	537	+	material facts are substantially similar to the facts stated in the
	538	+	opinion request.
	539	+	(e) An ethics analysis provided under Subsection (b) is
	540	+	public information.
	541	+	SECTION 2.07. Effective September 1, 2015, the heading to
	542	+	Section 572.054, Government Code, is amended to read as follows:
	543	+	Sec. 572.054. REPRESENTATION BY FORMER OFFICER OR EMPLOYEE
	544	+	OF GOVERNOR OR REGULATORY AGENCY RESTRICTED; CRIMINAL OFFENSE.
	545	+	SECTION 2.08. Section 572.054, Government Code, is amended
	546	+	by adding Subsection (b-1) to read as follows:
	547	+	(b-1) A member of the governor's senior staff who ceases
	548	+	employment with the governor may not make any communication to or
	549	+	appearance before the governor or a member of the governor's senior
	550	+	staff for which the former staff member receives a benefit and with
	551	+	the intent to influence action by the governor before:
	552	+	(1) the end of the governor's term during which the
	553	+	staff member's employment ceased; or
	554	+	(2) if the staff member's employment ceased during the
	555	+	final 12 months of the governor's term, the end of that term and, if
	556	+	the governor is reelected, the next succeeding term of office.
	557	+	SECTION 2.09. Effective September 1, 2015, Subchapter C,
	558	+	Chapter 572, Government Code, is amended by adding Section 572.063
	559	+	to read as follows:
256	560		Sec. 572.063. CERTAIN REFERRALS FOR LEGAL SERVICES
257		-	PROHIBITED; CRIMINAL OFFENSE. (a) A member of the legislature or
258		-	an executive officer elected in a statewide election who is a member
259		-	of the State Bar of Texas or who is licensed to practice law in
260		-	another state or a United States territory may not make or receive
261		-	any referral for legal services for monetary compensation or any
262		-	other benefit.
263		-	(b) As used in this section, a "referral for legal services"
264		-	does not include referrals for a real estate transaction as defined
265		-	by Section 31.001, Natural Resources Code.
266		-	(c) A person commits an offense if the person violates this
267		-	section. An offense under this section is a Class B misdemeanor.
268		-	SECTION 2.04. Chapter 601, Government Code, is amended by
269		-	adding Section 601.009 to read as follows:
270		-	Sec. 601.009. ELECTED OFFICER MAY NOT BE REGISTERED
271		-	LOBBYIST. (a) A person may not qualify for a public elective
272		-	office if the person is required to be registered as a lobbyist
273		-	under Chapter 305.
274		-	(b) Except as provided by Section 7.103(c), Education Code,
275		-	Subsection (a) does not apply to:
276		-	(1) an office for which the federal or state
277		-	constitution prescribes exclusive qualification requirements;
278		-	(2) an office of a political subdivision with a
279		-	population of 150,000 or less, other than the office of presiding
280		-	officer of the governing body of the political subdivision,
281		-	provided that the officeholder does not receive a salary or wage for
282		-	that office; or
283		-	(3) the office of the presiding officer of the
284		-	governing body of a political subdivision with a population of
285		-	50,000 or less, provided that the presiding officer does not
286		-	receive a salary or wage for that office.
287		-	(c) In Subsection (b), a presiding officer or other
288		-	officeholder is not considered to have received a salary or wage if
289		-	the officeholder refuses to accept a salary or wage offered or
290		-	budgeted for that office.
291		-	ARTICLE 3. TRANSITION; EFFECTIVE DATE
292		-	SECTION 3.01. (a) The changes in law made by this Act in
293		-	amending Section 141.001(a), Election Code, and in adding Section
294		-	601.009, Government Code, apply only to the eligibility and
295		-	qualification requirements for a candidate, officer, or employee
296		-	whose term of office or employment will begin on or after the
297		-	effective date of this Act. The eligibility and qualification
298		-	requirements for a candidate, officer, or employee whose term of
299		-	office or employment will begin before the effective date of this
300		-	Act are governed by the law in effect immediately before the
301		-	effective date of this Act, and the former law is continued in
302		-	effect for that purpose.
303		-	(b) Section 572.062, Government Code, as added by this Act,
304		-	does not apply to a person who was a member of the legislature on
305		-	June 1, 2015, unless the member assumes an office other than a
306		-	legislative office after the effective date of this Act.
307		-	(c) Section 572.063, Government Code, as added by this Act,
308		-	applies only to conduct that occurred on or after the effective date
309		-	of this Act. Conduct that occurred before the effective date of
310		-	this Act is governed by the law in effect on the date the conduct
311		-	occurred, and the former law is continued in effect for that
	561	+	PROHIBITED. (a) A member of the legislature or an executive
	562	+	officer elected in a statewide election who is a member of the State
	563	+	Bar of Texas or who is licensed to practice law in another state, a
	564	+	federal court, or a United States territory may make or receive a
	565	+	referral for legal services for monetary compensation or any other
	566	+	benefit only if the referral:
	567	+	(1) complies with the rules of the State Bar of Texas;
	568	+	and
	569	+	(2) is evidenced by a written contract between the
	570	+	parties who are subject to the referral.
	571	+	(b) A person commits an offense if the person violates this
	572	+	section. An offense under this section is a Class A misdemeanor.
	573	+	ARTICLE 3. ETHICS COMMISSION FILINGS AND PROCEEDINGS
	574	+	SECTION 3.01. Section 571.067, Government Code, is amended
	575	+	to read as follows:
	576	+	Sec. 571.067. COMPUTER SOFTWARE. (a) The commission may
	577	+	develop computer software to facilitate the discharge of its
	578	+	statutory duties and for that purpose may:
	579	+	(1) acquire, apply for, register, secure, hold,
	580	+	protect, and renew under the laws of the State of Texas, the United
	581	+	States, any state in the United States, or any nation:
	582	+	(A) a patent for the invention, discovery, or
	583	+	improvement of any new and useful process, machine, manufacture,
	584	+	composition of matter, art, or method, including any new use of a
	585	+	known process, machine, manufacture, composition of matter, art, or
	586	+	method;
	587	+	(B) a copyright for an original work of
	588	+	authorship fixed in any tangible medium of expression, now known or
	589	+	later developed, from which it can be perceived, reproduced, or
	590	+	otherwise communicated, either directly or with the aid of a
	591	+	machine or device;
	592	+	(C) a trademark, service mark, collective mark,
	593	+	or certification mark for a word, name, symbol, device, or slogan
	594	+	that the commission uses to identify and distinguish its goods and
	595	+	services from other goods and services; or
	596	+	(D) other evidence of protection or exclusivity
	597	+	issued for intellectual property;
	598	+	(2) contract with a person or entity for the
	599	+	reproduction, distribution, public performance, display,
	600	+	advertising, marketing, lease, licensing, sale, use, or other
	601	+	distribution of the commission's intellectual property;
	602	+	(3) obtain under a contract described in Subdivision
	603	+	(2) a royalty, license, right, or other appropriate means of
	604	+	securing reasonable compensation for the exercise of rights with
	605	+	respect to the commission's intellectual property; and
	606	+	(4) waive, increase, or reduce the amount of
	607	+	compensation secured by a contract under Subdivision (3) if the
	608	+	commission determines that the waiver, increase, or reduction will:
	609	+	(A) further a goal or mission of the commission;
	610	+	and
	611	+	(B) result in a net benefit to the state.
	612	+	(b) Money paid to the commission under this section shall be
	613	+	deposited to the credit of the general revenue fund.
	614	+	SECTION 3.02. Section 571.0671, Government Code, is amended
	615	+	by adding Subsection (d) to read as follows:
	616	+	(d) Electronic report data saved in a commission temporary
	617	+	storage location for later retrieval and editing before the report
	618	+	is filed is confidential and may be withheld from disclosure
	619	+	without the necessity of requesting a decision from the attorney
	620	+	general. After the report is filed, the information disclosed in
	621	+	the report is subject to the law requiring the filing of the report.
	622	+	SECTION 3.03. Section 571.0771(a), Government Code, is
	623	+	amended to read as follows:
	624	+	(a) A statement, registration, or report required that is
	625	+	filed with the commission is not considered to be late for purposes
	626	+	of any applicable civil or criminal penalty for late filing of the
	627	+	statement, registration, or report if:
	628	+	(1) any error or omission in the statement,
	629	+	registration, or report as originally filed was made in good faith;
	630	+	and
	631	+	(2) not later than the 14th business day after the date
	632	+	the person filing the statement, registration, or report learns
	633	+	that the statement, registration, or report as originally filed is
	634	+	inaccurate or incomplete, the person files:
	635	+	(A) a corrected or amended statement,
	636	+	registration, or report; and
	637	+	(B) an affidavit stating that the error or
	638	+	omission in the original statement, registration, or report was
	639	+	made in good faith.
	640	+	SECTION 3.04. Effective January 1, 2016, Section 571.133,
	641	+	Government Code, is amended by amending Subsection (d) and adding
	642	+	Subsection (e) to read as follows:
	643	+	(d) An appeal brought under this section is not limited to
	644	+	questions of law, and the substantial evidence rule does not apply.
	645	+	The action shall be determined by trial de novo. The reviewing
	646	+	court shall try all issues of fact and law in the manner applicable
	647	+	to other civil suits in this state but may not admit in evidence the
	648	+	fact of prior action by the commission or the nature of that action,
	649	+	except to the limited extent necessary to show compliance with
	650	+	statutory provisions that vest jurisdiction in the court. A party
	651	+	is entitled, on demand, to a jury determination of any issue of fact
	652	+	on which a jury determination is available in other civil suits in
	653	+	this state. This subsection does not apply to an appeal of a final
	654	+	decision of the commission if the final decision is that the
	655	+	respondent violated Chapter 305.
	656	+	(e) An appeal of a final decision of the commission that the
	657	+	respondent violated Chapter 305 is considered to be a contested
	658	+	case under Chapter 2001 and the standard of review is by substantial
	659	+	evidence.
	660	+	SECTION 3.05. Subchapter E, Chapter 571, Government Code,
	661	+	is amended by adding Section 571.1401 to read as follows:
	662	+	Sec. 571.1401. CERTAIN DISCLOSURE OF INFORMATION. (a) To
	663	+	protect the public interest, the commission may disclose to a law
	664	+	enforcement agency information that is confidential under Section
	665	+	571.140(a).
	666	+	(b) The commission may disclose information under this
	667	+	section only to the extent necessary for the recipient of the
	668	+	information to perform a duty or function that is in addition to the
	669	+	commission's duties and functions.
	670	+	(c) Information disclosed to a law enforcement agency under
	671	+	this section remains confidential, and the agency must take
	672	+	appropriate measures to maintain that confidentiality.
	673	+	(d) A person commits an offense if the person discloses
	674	+	confidential information obtained under this section. An offense
	675	+	under this subsection is a Class C misdemeanor.
	676	+	SECTION 3.06. Section 571.176, Government Code, is amended
	677	+	by amending Subsections (a) and (b) and adding Subsections (a-1)
	678	+	and (a-2) to read as follows:
	679	+	(a) The commission may impose a civil penalty of not more
	680	+	than $10,000 for the filing of a frivolous or bad-faith complaint.
	681	+	In this section:
	682	+	(1) a complaint is frivolous if the complaint
	683	+	[subsection, "frivolous complaint" means a complaint that] is
	684	+	groundless and brought in bad faith or is groundless and brought for
	685	+	the purpose of harassment; and
	686	+	(2) a complaint is groundless if the complaint does
	687	+	not allege a violation of the law that is material, nonclerical, or
	688	+	nontechnical.
	689	+	(a-1) The commission shall award to the respondent of a
	690	+	frivolous complaint:
	691	+	(1) costs, reasonable attorney's fees, and other
	692	+	expenses incurred in defending against the complaint as justice and
	693	+	equity may require; and
	694	+	(2) sanctions against the person who filed the
	695	+	complaint as the commission determines sufficient to deter the
	696	+	person from filing similar frivolous complaints.
	697	+	(a-2) The person who filed the complaint is liable to the
	698	+	respondent for the costs, fees, and expenses awarded by the
	699	+	commission under Subsection (a-1)(1).
	700	+	(b) In addition to other penalties, a person who files a
	701	+	frivolous complaint is civilly liable to the respondent in an
	702	+	amount equal to the greater of $10,000 or the amount of actual
	703	+	damages incurred by the respondent[, including court costs and
	704	+	attorney fees].
	705	+	ARTICLE 4. VACANCY ON CERTAIN CONVICTIONS
	706	+	SECTION 4.01. Chapter 301, Government Code, is amended by
	707	+	adding Subchapter Z to read as follows:
	708	+	SUBCHAPTER Z. MISCELLANEOUS PROVISIONS
	709	+	Sec. 301.901. VACANCY ON FINAL FELONY CONVICTION OF MEMBER
	710	+	OF LEGISLATURE. A member of the legislature convicted of a felony
	711	+	vacates the member's office on the date the conviction becomes
	712	+	final.
	713	+	ARTICLE 5. RECORDS OF CERTAIN ORAL COMMUNICATIONS
	714	+	SECTION 5.01. Section 306.002, Government Code, is amended
	715	+	to read as follows:
	716	+	Sec. 306.002. APPLICATION. This chapter applies to:
	717	+	(1) records and communications collected and
	718	+	maintained by members of the legislature and the lieutenant
	719	+	governor on June 12, 1985, as well as to records made and
	720	+	communications received by those officials on or after that date;
	721	+	and
	722	+	(2) oral communications to members of the legislature
	723	+	and the lieutenant governor.
	724	+	SECTION 5.02. Chapter 306, Government Code, is amended by
	725	+	adding Section 306.0041 to read as follows:
	726	+	Sec. 306.0041. INTERCEPTION OF ORAL COMMUNICATIONS MADE IN
	727	+	THE CAPITOL. (a) In this chapter:
	728	+	(1) "Intercept" means the aural acquisition of the
	729	+	contents of a communication through the use of an electronic,
	730	+	mechanical, or other device that is made without the consent of all
	731	+	parties to the communication, but does not include the ordinary use
	732	+	of:
	733	+	(A) a telephone or telegraph instrument or
	734	+	facility or telephone or telegraph equipment;
	735	+	(B) a hearing aid designed to correct subnormal
	736	+	hearing to not better than normal;
	737	+	(C) a radio, television, or other wireless
	738	+	receiver; or
	739	+	(D) a cable system that relays a public wireless
	740	+	broadcast from a common antenna to a receiver.
	741	+	(2) "Protected oral communication" means an oral
	742	+	communication uttered by a person exhibiting an expectation that
	743	+	the communication is not subject to interception under
	744	+	circumstances justifying that expectation. The term does not
	745	+	include an electronic communication.
	746	+	(b) To ensure the right of the citizens of this state to
	747	+	petition state government, as guaranteed by Article I, Section 27,
	748	+	Texas Constitution, by protecting the confidentiality of
	749	+	communications of citizens with a member of the legislature or the
	750	+	lieutenant governor, a person has a justified expectation that the
	751	+	person's oral communication with a member of the legislature or the
	752	+	lieutenant governor while in the state capitol is not subject to
	753	+	interception. A person whose oral communication with a member of
	754	+	the legislature or the lieutenant governor consists of testimony at
	755	+	a public meeting of a legislative committee or agency does not have
	756	+	a justified expectation that the communication is not subject to
	757	+	interception.
	758	+	(c) A party to a protected oral communication with a member
	759	+	of the legislature or the lieutenant governor while in the state
	760	+	capitol has a civil cause of action against a person who:
	761	+	(1) intercepts, attempts to intercept, or employs or
	762	+	obtains another to intercept or attempt to intercept the
	763	+	communication; or
	764	+	(2) uses or divulges information that the person knows
	765	+	or reasonably should know was obtained by interception of the
	766	+	communication.
	767	+	(d) This section does not apply to a party to an oral
	768	+	communication if an interception or attempted interception of the
	769	+	communication is authorized by 18 U.S.C. Section 2516, or if the
	770	+	party has an affirmative defense to prosecution under Section
	771	+	16.02, Penal Code, other than Subsection (c)(4) of that section.
	772	+	(e) A person who establishes a cause of action under this
	773	+	section is entitled to:
	774	+	(1) an injunction prohibiting a further interception,
	775	+	attempted interception, or divulgence or use of information
	776	+	obtained by an interception;
	777	+	(2) statutory damages of $10,000 for each occurrence;
	778	+	(3) all actual damages in excess of $10,000;
	779	+	(4) punitive damages in an amount determined by the
	780	+	court or jury; and
	781	+	(5) reasonable attorney's fees and costs.
	782	+	(f) Chapter 27, Civil Practice and Remedies Code, does not
	783	+	apply to a legal action authorized by this section.
	784	+	ARTICLE 6. REPEALER
	785	+	SECTION 6.01. Section 572.032(b), Government Code, is
	786	+	repealed.
	787	+	ARTICLE 7. TRANSITIONS; EFFECTIVE DATE
	788	+	SECTION 7.01. Sections 253.006, Election Code, and 305.029,
	789	+	Government Code, as added by this Act, apply to a political
	790	+	contribution, political expenditure, or lobbying expenditure made
	791	+	on or after January 1, 2017, from funds accepted as a political
	792	+	contribution, regardless of the date the funds were accepted.
	793	+	SECTION 7.02. Subchapter K, Chapter 254, Election Code, as
	794	+	added by this Act, applies only to the reporting of a contribution
	795	+	in connection with campaign activity or a political expenditure
	796	+	made on or after September 1, 2015. A contribution or expenditure
	797	+	made before September 1, 2015, is governed by the law in effect when
	798	+	the contribution or expenditure was made, and the former law is
	799	+	continued in effect for that purpose.
	800	+	SECTION 7.03. The change in law made by this Act to Section
	801	+	305.002, Government Code, applies only to an expenditure made on or
	802	+	after the effective date of this Act. An expenditure made before
	803	+	the effective date of this Act is governed by the law in effect when
	804	+	the expenditure was made, and the former law is continued in effect
	805	+	for that purpose.
	806	+	SECTION 7.04. The changes in law made by this Act to Section
	807	+	305.0061, Government Code, apply only to a gift, award, or memento
	808	+	given to or expenditures for transportation, lodging, food,
	809	+	beverages, or entertainment made for a member of the legislative or
	810	+	executive branch or the immediate family of a member of the
	811	+	legislative or executive branch on or after September 1, 2015. A
	812	+	gift, award, or memento given to or an expenditure for
	813	+	transportation, lodging, food, beverages, or entertainment made
	814	+	for a member of the legislative or executive branch or the immediate
	815	+	family of a member of the legislative or executive branch before
	816	+	September 1, 2015, is governed by the law in effect on the date the
	817	+	gift, award, or memento was given, or the date the expenditure for
	818	+	transportation, lodging, food, beverages, or entertainment was
	819	+	made, and the former law is continued in effect for that purpose.
	820	+	SECTION 7.05. The change in law made by this Act to Chapter
	821	+	306, Government Code, applies to a communication that is:
	822	+	(1) described by Section 306.0041(c)(1), Government
	823	+	Code, as added by this Act, and made on or after the effective date
	824	+	of this Act; and
	825	+	(2) used or divulged as described by Section
	826	+	306.0041(c)(2), Government Code, as added by this Act, on or after
	827	+	the effective date of this Act, without regard to when the
	828	+	communication was made.
	829	+	SECTION 7.06. Section 571.133, Government Code, as amended
	830	+	by this Act, applies only to an appeal of a final decision of the
	831	+	Texas Ethics Commission filed on or after January 1, 2016. An
	832	+	appeal of a final decision of the Texas Ethics Commission filed
	833	+	before January 1, 2016, is governed by the law in effect when the
	834	+	appeal was filed, and the former law is continued in effect for that
312	835		purpose.
313		-	SECTION 3.02. This Act takes effect January 10, 2017.
314		-	* * * * *
	836	+	SECTION 7.07. The changes in law made by this Act to
	837	+	Subchapter B, Chapter 572, Government Code, apply only to a
	838	+	financial statement filed under Subchapter B, Chapter 572,
	839	+	Government Code, as amended by this Act, on or after January 1,
	840	+	2016. A financial statement filed before January 1, 2016, is
	841	+	governed by the law in effect on the date of filing, and the former
	842	+	law is continued in effect for that purpose.
	843	+	SECTION 7.08. (a) The changes in law made by this Act to
	844	+	Sections 305.027(f), 572.054, and 572.063, Government Code, apply
	845	+	only to an offense committed on or after September 1, 2015. For
	846	+	purposes of this section, an offense is committed before the
	847	+	effective date of this Act if any element of the offense occurs
	848	+	before that date.
	849	+	(b) An offense committed before September 1, 2015, is
	850	+	governed by the law in effect when the offense was committed, and
	851	+	the former law is continued in effect for that purpose.
	852	+	SECTION 7.09. (a) The change in law made by this Act to
	853	+	Section 572.053, Government Code, applies only to an offense
	854	+	committed on or after January 1, 2017. For purposes of this section,
	855	+	an offense is committed before January 1, 2017, if any element of
	856	+	the offense occurs before that date.
	857	+	(b) An offense committed before January 1, 2017, is governed
	858	+	by the law in effect when the offense was committed, and the former
	859	+	law is continued in effect for that purpose.
	860	+	SECTION 7.10. Except as otherwise provided by this Act,
	861	+	this Act takes effect immediately if it receives a vote of
	862	+	two-thirds of all the members elected to each house, as provided by
	863	+	Section 39, Article III, Texas Constitution. If this Act does not
	864	+	receive the vote necessary for immediate effect, this Act takes
	865	+	effect September 1, 2015.