1 | 1 | | 85R7578 ATP-F |
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2 | 2 | | By: Geren H.B. No. 1283 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to the ethics of public officers and related requirements; |
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8 | 8 | | creating criminal offenses. |
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9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 10 | | ARTICLE 1. PENSION REVOCATION; LOSS OF LEGISLATIVE OFFICE |
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11 | 11 | | SECTION 1.01. Chapter 810, Government Code, is amended by |
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12 | 12 | | adding Section 810.002 to read as follows: |
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13 | 13 | | Sec. 810.002. CERTAIN ELECTED OFFICIALS INELIGIBLE FOR |
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14 | 14 | | RETIREMENT ANNUITY. (a) In this section: |
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15 | 15 | | (1) "Governing body of a public retirement system" and |
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16 | 16 | | "public retirement system" have the meanings assigned by Section |
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17 | 17 | | 802.001. |
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18 | 18 | | (2) "Qualifying felony" means any felony involving: |
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19 | 19 | | (A) bribery; |
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20 | 20 | | (B) the embezzlement, extortion, or other theft |
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21 | 21 | | of public money; |
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22 | 22 | | (C) perjury; |
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23 | 23 | | (D) coercion of public servant or voter; |
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24 | 24 | | (E) tampering with governmental record; |
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25 | 25 | | (F) misuse of official information; |
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26 | 26 | | (G) conspiracy or the attempt to commit any of |
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27 | 27 | | the offenses described by Paragraphs (A)-(F); or |
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28 | 28 | | (H) abuse of official capacity. |
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29 | 29 | | (b) This section applies only to a person who is: |
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30 | 30 | | (1) a member of the elected class of the Employees |
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31 | 31 | | Retirement System of Texas as described by Section 812.002(a)(1) or |
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32 | 32 | | (2); or |
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33 | 33 | | (2) otherwise eligible for membership in a public |
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34 | 34 | | retirement system wholly or partly because the person held an |
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35 | 35 | | elected office. |
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36 | 36 | | (c) Except as provided by Subsection (d), a member of a |
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37 | 37 | | public retirement system is not eligible to receive a service |
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38 | 38 | | retirement annuity under the retirement system if the member is |
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39 | 39 | | convicted of a qualifying felony committed while in office and |
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40 | 40 | | arising directly from the official duties of that elected office. |
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41 | 41 | | (d) The retirement system shall suspend payments of an |
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42 | 42 | | annuity to a person ineligible to receive the annuity under |
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43 | 43 | | Subsection (c). A person whose conviction is overturned on appeal |
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44 | 44 | | or who meets the requirements for innocence under Section |
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45 | 45 | | 103.001(a)(2), Civil Practice and Remedies Code: |
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46 | 46 | | (1) is entitled to receive an amount equal to the |
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47 | 47 | | accrued total of payments and interest earned on the payments |
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48 | 48 | | withheld during the suspension period; and |
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49 | 49 | | (2) may resume receipt of annuity payments on payment |
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50 | 50 | | to the retirement system of an amount equal to the contributions |
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51 | 51 | | refunded to the person under Subsection (e). |
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52 | 52 | | (e) A member who is ineligible to receive a service |
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53 | 53 | | retirement annuity under Subsection (c) is entitled to a refund of |
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54 | 54 | | the member's service retirement annuity contributions, including |
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55 | 55 | | interest earned on those contributions. |
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56 | 56 | | (f) Benefits payable to an alternate payee under Chapter 804 |
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57 | 57 | | who is recognized by a domestic relations order established before |
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58 | 58 | | January 8, 2019, are not affected by a member's ineligibility to |
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59 | 59 | | receive a service retirement annuity under Subsection (c). |
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60 | 60 | | (g) On conviction of a member for a qualifying felony, a |
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61 | 61 | | court may, in the interest of justice and in the same manner as in a |
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62 | 62 | | divorce proceeding, award half of the service retirement annuity |
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63 | 63 | | forfeited by the member as the separate property of an innocent |
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64 | 64 | | spouse if the annuity is partitioned or exchanged by written |
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65 | 65 | | agreement of the spouses as provided by Subchapter B, Chapter 4, |
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66 | 66 | | Family Code. The amount awarded to the innocent spouse may not be |
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67 | 67 | | converted to community property. |
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68 | 68 | | (h) Ineligibility for a service retirement annuity under |
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69 | 69 | | this section does not impair a person's right to any other |
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70 | 70 | | retirement benefit for which the person is eligible. |
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71 | 71 | | (i) The governing body of a public retirement system shall |
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72 | 72 | | adopt rules and procedures to implement this section. |
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73 | 73 | | SECTION 1.02. Chapter 601, Government Code, is amended by |
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74 | 74 | | adding Section 601.011 to read as follows: |
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75 | 75 | | Sec. 601.011. VACANCY ON FINAL FELONY CONVICTION OF MEMBER |
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76 | 76 | | OF LEGISLATURE, GOVERNOR, OR STATE ELECTED OFFICIAL. A member of |
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77 | 77 | | the legislature, the governor, or a state elected official |
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78 | 78 | | convicted of a felony vacates the member's, governor's, or |
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79 | 79 | | official's office on the date the conviction becomes final. |
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80 | 80 | | ARTICLE 2. DISCLOSURE REQUIREMENTS |
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81 | 81 | | SECTION 2.01. Section 572.023, Government Code, is amended |
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82 | 82 | | by amending Subsection (b) and adding Subsections (e) and (f) to |
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83 | 83 | | read as follows: |
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84 | 84 | | (b) The account of financial activity consists of: |
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85 | 85 | | (1) a list of all sources of occupational income, |
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86 | 86 | | identified by employer, or if self-employed, by the nature of the |
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87 | 87 | | occupation, including identification of a person or other |
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88 | 88 | | organization from which the individual or a business in which the |
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89 | 89 | | individual has a substantial interest received a fee as a retainer |
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90 | 90 | | for a claim on future services in case of need, as distinguished |
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91 | 91 | | from a fee for services on a matter specified at the time of |
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92 | 92 | | contracting for or receiving the fee, if professional or |
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93 | 93 | | occupational services are not actually performed during the |
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94 | 94 | | reporting period equal to or in excess of the amount of the |
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95 | 95 | | retainer, and the category of the amount of the fee; |
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96 | 96 | | (2) identification by name and the category of the |
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97 | 97 | | number of shares of stock of any business entity held or acquired, |
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98 | 98 | | and if sold, the category of the amount of net gain or loss realized |
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99 | 99 | | from the sale; |
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100 | 100 | | (3) a list of all bonds, notes, and other commercial |
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101 | 101 | | paper held or acquired, and if sold, the category of the amount of |
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102 | 102 | | net gain or loss realized from the sale; |
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103 | 103 | | (4) identification of each source and the category of |
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104 | 104 | | the amount of income in excess of $500 derived from each source from |
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105 | 105 | | interest, dividends, royalties, and rents; |
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106 | 106 | | (5) identification of each guarantor of a loan and |
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107 | 107 | | identification of each person or financial institution to whom a |
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108 | 108 | | personal note or notes or lease agreement for a total financial |
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109 | 109 | | liability in excess of $1,000 existed at any time during the year |
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110 | 110 | | and the category of the amount of the liability; |
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111 | 111 | | (6) identification by description of all beneficial |
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112 | 112 | | interests in real property and business entities held or acquired, |
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113 | 113 | | and if sold, the category of the amount of the net gain or loss |
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114 | 114 | | realized from the sale; |
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115 | 115 | | (7) identification of a person or other organization |
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116 | 116 | | from which the individual or the individual's spouse or dependent |
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117 | 117 | | children received a gift of anything of value in excess of $250 and |
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118 | 118 | | a description of each gift, except: |
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119 | 119 | | (A) a gift received from an individual related to |
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120 | 120 | | the individual at any time within the second degree by |
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121 | 121 | | consanguinity or affinity, as determined under Subchapter B, |
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122 | 122 | | Chapter 573; |
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123 | 123 | | (B) a political contribution that was reported as |
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124 | 124 | | required by Chapter 254, Election Code; and |
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125 | 125 | | (C) an expenditure required to be reported by a |
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126 | 126 | | person required to be registered under Chapter 305; |
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127 | 127 | | (8) identification of the source and the category of |
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128 | 128 | | the amount of all income received as beneficiary of a trust, other |
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129 | 129 | | than a blind trust that complies with Subsection (c), and |
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130 | 130 | | identification of each trust asset, if known to the beneficiary, |
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131 | 131 | | from which income was received by the beneficiary in excess of $500; |
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132 | 132 | | (9) identification by description and the category of |
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133 | 133 | | the amount of all assets and liabilities of a corporation, firm, |
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134 | 134 | | partnership, limited partnership, limited liability partnership, |
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135 | 135 | | professional corporation, professional association, joint venture, |
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136 | 136 | | or other business association in which 50 percent or more of the |
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137 | 137 | | outstanding ownership was held, acquired, or sold; |
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138 | 138 | | (10) a list of all boards of directors of which the |
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139 | 139 | | individual is a member and executive positions that the individual |
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140 | 140 | | holds in corporations, firms, partnerships, limited partnerships, |
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141 | 141 | | limited liability partnerships, professional corporations, |
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142 | 142 | | professional associations, joint ventures, or other business |
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143 | 143 | | associations or proprietorships, stating the name of each |
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144 | 144 | | corporation, firm, partnership, limited partnership, limited |
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145 | 145 | | liability partnership, professional corporation, professional |
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146 | 146 | | association, joint venture, or other business association or |
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147 | 147 | | proprietorship and the position held; |
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148 | 148 | | (11) identification of any person providing |
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149 | 149 | | transportation, meals, or lodging expenses permitted under Section |
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150 | 150 | | 36.07(b), Penal Code, and the amount of those expenses, other than |
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151 | 151 | | expenditures required to be reported under Chapter 305; |
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152 | 152 | | (12) any corporation, firm, partnership, limited |
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153 | 153 | | partnership, limited liability partnership, professional |
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154 | 154 | | corporation, professional association, joint venture, or other |
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155 | 155 | | business association, excluding a publicly held corporation, in |
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156 | 156 | | which both the individual and a person registered under Chapter 305 |
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157 | 157 | | have an interest; |
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158 | 158 | | (13) identification by name and the category of the |
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159 | 159 | | number of shares of any mutual fund held or acquired, and if sold, |
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160 | 160 | | the category of the amount of net gain or loss realized from the |
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161 | 161 | | sale; [and] |
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162 | 162 | | (14) identification of each blind trust that complies |
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163 | 163 | | with Subsection (c), including: |
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164 | 164 | | (A) the category of the fair market value of the |
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165 | 165 | | trust; |
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166 | 166 | | (B) the date the trust was created; |
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167 | 167 | | (C) the name and address of the trustee; and |
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168 | 168 | | (D) a statement signed by the trustee, under |
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169 | 169 | | penalty of perjury, stating that: |
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170 | 170 | | (i) the trustee has not revealed any |
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171 | 171 | | information to the individual, except information that may be |
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172 | 172 | | disclosed under Subdivision (8); and |
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173 | 173 | | (ii) to the best of the trustee's knowledge, |
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174 | 174 | | the trust complies with this section; |
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175 | 175 | | (15) if the aggregate cost of goods or services sold |
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176 | 176 | | under one or more written contracts described by this subdivision |
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177 | 177 | | exceeds $10,000 in the year covered by the report, identification |
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178 | 178 | | of each written contract, including the name of each party to the |
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179 | 179 | | contract: |
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180 | 180 | | (A) for the sale of goods or services in the |
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181 | 181 | | amount of $2,500 or more; |
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182 | 182 | | (B) to which the individual, the individual's |
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183 | 183 | | spouse, the individual's dependent child, or any business entity of |
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184 | 184 | | which the individual, the individual's spouse, or the individual's |
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185 | 185 | | dependent child has at least a 50 percent ownership interest is a |
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186 | 186 | | party; and |
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187 | 187 | | (C) with: |
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188 | 188 | | (i) a governmental entity; or |
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189 | 189 | | (ii) a person who contracts with a |
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190 | 190 | | governmental entity, in accordance with the contract between the |
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191 | 191 | | person contracting with the governmental entity and the individual |
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192 | 192 | | or entity described by Paragraph (B); and |
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193 | 193 | | (16) if the individual is a member of the legislature |
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194 | 194 | | and provides bond counsel services to an issuer, as defined by |
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195 | 195 | | Section 1201.002(1), identification of the following for each |
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196 | 196 | | issuance for which the individual served as bond counsel: |
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197 | 197 | | (A) the amount of the issuance; |
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198 | 198 | | (B) the name of the issuer; |
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199 | 199 | | (C) the date of the issuance; |
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200 | 200 | | (D) the amount of fees paid to the individual, |
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201 | 201 | | and whether the amount is: |
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202 | 202 | | (i) less than $5,000; |
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203 | 203 | | (ii) at least $5,000 but less than $10,000; |
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204 | 204 | | (iii) at least $10,000 but less than |
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205 | 205 | | $25,000; or |
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206 | 206 | | (iv) $25,000 or more; and |
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207 | 207 | | (E) the amount of fees paid to the individual's |
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208 | 208 | | firm, if applicable, and whether the amount is: |
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209 | 209 | | (i) less than $5,000; |
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210 | 210 | | (ii) at least $5,000 but less than $10,000; |
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211 | 211 | | (iii) at least $10,000 but less than |
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212 | 212 | | $25,000; or |
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213 | 213 | | (iv) $25,000 or more. |
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214 | 214 | | (e) In this section, "governmental entity" means this |
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215 | 215 | | state, a political subdivision of the state, or an agency or |
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216 | 216 | | department of the state or a political subdivision of the state. |
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217 | 217 | | (f) Subsection (b)(15) does not require the disclosure of an |
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218 | 218 | | employment contract between a school district or open-enrollment |
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219 | 219 | | charter school and an employee of the district or school. |
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220 | 220 | | SECTION 2.02. Section 572.0252, Government Code, is amended |
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221 | 221 | | to read as follows: |
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222 | 222 | | Sec. 572.0252. INFORMATION ABOUT LEGAL REFERRALS. A state |
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223 | 223 | | officer who is an attorney shall report on the financial statement: |
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224 | 224 | | (1) making or receiving any referral for compensation |
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225 | 225 | | for legal services; [and] |
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226 | 226 | | (2) the date the referral is made or received; |
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227 | 227 | | (3) the style of the case referred, if applicable; and |
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228 | 228 | | (4) the percentage of the legal fee paid or received |
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229 | 229 | | that was agreed to between the parties to the referral as the |
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230 | 230 | | referral fee, or if the referral fee is not determined as a |
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231 | 231 | | percentage of the legal fee, the agreed amount of the fee paid or |
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232 | 232 | | received [the category of the amount of any fee accepted for making |
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233 | 233 | | a referral for legal services]. |
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234 | 234 | | ARTICLE 3. REPORTING OF LOBBYIST EXPENDITURES |
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235 | 235 | | SECTION 3.01. Section 305.0061, Government Code, is amended |
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236 | 236 | | by amending Subsections (a), (b), and (c) and adding Subsection (h) |
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237 | 237 | | to read as follows: |
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238 | 238 | | (a) If a registrant or a person on the registrant's behalf |
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239 | 239 | | and with the registrant's consent or ratification makes |
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240 | 240 | | expenditures that exceed 30 [60] percent of the amount of the |
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241 | 241 | | legislative per diem in a day for transportation or lodging for a |
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242 | 242 | | member of the legislative or executive branch or for the immediate |
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243 | 243 | | family of a member of the legislative or executive branch, the |
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244 | 244 | | registrant shall also state the following on the report filed under |
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245 | 245 | | Section 305.006: |
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246 | 246 | | (1) the name of the member of the legislative or |
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247 | 247 | | executive branch in whose behalf the expenditure is made; |
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248 | 248 | | (2) the place and date of the transportation or |
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249 | 249 | | lodging; and |
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250 | 250 | | (3) the purpose of the transportation or lodging. |
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251 | 251 | | (b) If a registrant or a person on the registrant's behalf |
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252 | 252 | | and with the registrant's consent or ratification makes |
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253 | 253 | | expenditures that exceed 30 [60] percent of the amount of the |
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254 | 254 | | legislative per diem in a day for food and beverages for a member of |
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255 | 255 | | the legislative or executive branch or for the immediate family of a |
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256 | 256 | | member of the legislative or executive branch or makes expenditures |
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257 | 257 | | that exceed 30 [60] percent of the amount of the legislative per |
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258 | 258 | | diem in a day for entertainment for a member of the legislative or |
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259 | 259 | | executive branch or for the immediate family of a member of the |
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260 | 260 | | legislative or executive branch, the registrant shall also state |
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261 | 261 | | the following on the report filed under Section 305.006: |
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262 | 262 | | (1) the name of the member of the legislative or |
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263 | 263 | | executive branch in whose behalf the expenditure is made; |
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264 | 264 | | (2) the place and date of the expenditure; and |
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265 | 265 | | (3) the amount of the expenditure by the appropriate |
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266 | 266 | | category of the amount, as determined by the commission. |
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267 | 267 | | (c) If a registrant or a person on the registrant's behalf |
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268 | 268 | | and with the registrant's consent or ratification gives to a member |
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269 | 269 | | of the legislative or executive branch, or to the immediate family |
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270 | 270 | | of a member of the legislative or executive branch, a gift or an |
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271 | 271 | | award or memento, the value of which exceeds $50 per gift, award, or |
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272 | 272 | | memento, the registrant shall also state the following on the |
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273 | 273 | | report filed under Section 305.006: |
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274 | 274 | | (1) the name of the member of the legislative or |
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275 | 275 | | executive branch in whose behalf the expenditure is made; |
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276 | 276 | | (2) a general description of the gift, award, or |
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277 | 277 | | memento; and |
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278 | 278 | | (3) the amount of the expenditure by the appropriate |
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279 | 279 | | category of the amount, as determined by the commission. |
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280 | 280 | | (h) If more than one registrant or persons acting on behalf |
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281 | 281 | | of more than one registrant and with each registrant's consent or |
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282 | 282 | | ratification collaborate to make an expenditure described by |
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283 | 283 | | Section 305.006(b) together, each registrant shall report the total |
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284 | 284 | | value of the shared expenditure as required by Subsection (a), (b), |
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285 | 285 | | or (c), if the total value of the shared expenditure exceeds the |
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286 | 286 | | amount provided under Subsection (a), (b), or (c). |
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287 | 287 | | SECTION 3.02. Section 305.024(a), Government Code, as |
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288 | 288 | | amended by Chapters 92 (S.B. 1011) and 206 (H.B. 1508), Acts of the |
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289 | 289 | | 79th Legislature, Regular Session, 2005, is reenacted and amended |
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290 | 290 | | to read as follows: |
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291 | 291 | | (a) Except as provided by Section 305.025, a person |
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292 | 292 | | registered under Section 305.005 or a person on the registrant's |
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293 | 293 | | behalf and with the registrant's consent or ratification may not |
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294 | 294 | | offer, confer, or agree to confer: |
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295 | 295 | | (1) to an individual described by Section |
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296 | 296 | | 305.0062(a)(1), (2), (3), (4), or (5): |
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297 | 297 | | (A) a loan, including the guarantee or |
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298 | 298 | | endorsement of a loan; or |
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299 | 299 | | (B) a gift of cash or a negotiable instrument as |
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300 | 300 | | described by Section 3.104, Business & Commerce Code; or |
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301 | 301 | | (2) to an individual described by Section |
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302 | 302 | | 305.0062(a)(1), (2), (3), (4), (5), (6), or (7): |
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303 | 303 | | (A) an expenditure for transportation and |
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304 | 304 | | lodging; |
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305 | 305 | | (B) an expenditure or series of expenditures for |
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306 | 306 | | entertainment that in the aggregate exceed $500 in a calendar year; |
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307 | 307 | | (C) an expenditure or series of expenditures for |
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308 | 308 | | gifts that in the aggregate exceed $500 in a calendar year; |
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309 | 309 | | (D) an expenditure for an award or memento that |
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310 | 310 | | exceeds $500; or |
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311 | 311 | | (E) an expenditure described by Section |
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312 | 312 | | 305.006(b)(1), (2), (3), or (6) unless: |
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313 | 313 | | (i) [(A)] the registrant is present at the |
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314 | 314 | | event; or |
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315 | 315 | | (ii) [(B)] the expenditure is for a gift of |
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316 | 316 | | food or beverages required to be reported under Section |
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317 | 317 | | 305.006(b)(4) in accordance with Section 305.0061(e-1). |
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318 | 318 | | SECTION 3.03. Section 305.024, Government Code, is amended |
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319 | 319 | | by adding Subsection (d) to read as follows: |
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320 | 320 | | (d) The registrant shall notify a member of the legislative |
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321 | 321 | | or executive branch when the registrant has reported, as to that |
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322 | 322 | | member of the legislative or executive branch, expenditures that, |
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323 | 323 | | in the aggregate, equal the monetary limits for expenditures under |
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324 | 324 | | Subsection (a)(2). |
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325 | 325 | | SECTION 3.04. Section 305.031(a), Government Code, is |
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326 | 326 | | amended to read as follows: |
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327 | 327 | | (a) A person commits an offense if the person intentionally |
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328 | 328 | | or knowingly violates a provision of this chapter other than |
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329 | 329 | | Section 305.022, 305.024(d), or 305.028. An offense under this |
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330 | 330 | | subsection is a Class A misdemeanor. |
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331 | 331 | | SECTION 3.05. Section 305.024(c), Government Code, is |
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332 | 332 | | repealed. |
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333 | 333 | | ARTICLE 4. ELECTED OFFICIALS PROHIBITED FROM LOBBYING |
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334 | 334 | | SECTION 4.01. Section 141.001, Election Code, is amended by |
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335 | 335 | | amending Subsection (a) and adding Subsections (e) and (f) to read |
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336 | 336 | | as follows: |
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337 | 337 | | (a) To be eligible to be a candidate for, or elected or |
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338 | 338 | | appointed to, a public elective office in this state, a person must: |
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339 | 339 | | (1) be a United States citizen; |
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340 | 340 | | (2) be 18 years of age or older on the first day of the |
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341 | 341 | | term to be filled at the election or on the date of appointment, as |
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342 | 342 | | applicable; |
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343 | 343 | | (3) have not been determined by a final judgment of a |
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344 | 344 | | court exercising probate jurisdiction to be: |
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345 | 345 | | (A) totally mentally incapacitated; or |
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346 | 346 | | (B) partially mentally incapacitated without the |
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347 | 347 | | right to vote; |
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348 | 348 | | (4) have not been finally convicted of a felony from |
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349 | 349 | | which the person has not been pardoned or otherwise released from |
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350 | 350 | | the resulting disabilities; |
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351 | 351 | | (5) have resided continuously in the state for 12 |
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352 | 352 | | months and in the territory from which the office is elected for six |
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353 | 353 | | months immediately preceding the following date: |
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354 | 354 | | (A) for a candidate whose name is to appear on a |
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355 | 355 | | general primary election ballot, the date of the regular filing |
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356 | 356 | | deadline for a candidate's application for a place on the ballot; |
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357 | 357 | | (B) for an independent candidate, the date of the |
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358 | 358 | | regular filing deadline for a candidate's application for a place |
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359 | 359 | | on the ballot; |
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360 | 360 | | (C) for a write-in candidate, the date of the |
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361 | 361 | | election at which the candidate's name is written in; |
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362 | 362 | | (D) for a party nominee who is nominated by any |
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363 | 363 | | method other than by primary election, the date the nomination is |
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364 | 364 | | made; and |
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365 | 365 | | (E) for an appointee to an office, the date the |
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366 | 366 | | appointment is made; |
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367 | 367 | | (6) on the date described by Subdivision (5), be |
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368 | 368 | | registered to vote in the territory from which the office is |
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369 | 369 | | elected; [and] |
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370 | 370 | | (7) not be required to be registered as a lobbyist |
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371 | 371 | | under Chapter 305, Government Code; and |
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372 | 372 | | (8) satisfy any other eligibility requirements |
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373 | 373 | | prescribed by law for the office. |
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374 | 374 | | (e) Except as restricted by Section 7.103(c), Education |
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375 | 375 | | Code, if applicable, Subsection (a)(7) does not apply to: |
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376 | 376 | | (1) an office of a political subdivision with a |
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377 | 377 | | population of 150,000 or less, other than the office of presiding |
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378 | 378 | | officer of the governing body of the political subdivision, |
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379 | 379 | | provided that the officeholder does not receive a salary or wage for |
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380 | 380 | | that office; or |
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381 | 381 | | (2) the office of the presiding officer of the |
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382 | 382 | | governing body of a political subdivision with a population of |
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383 | 383 | | 50,000 or less, provided that the presiding officer does not |
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384 | 384 | | receive a salary or wage for that office. |
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385 | 385 | | (f) For purposes of Subsection (e), a presiding officer or |
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386 | 386 | | other officeholder is not considered to have received a salary or |
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387 | 387 | | wage if the officeholder refuses to accept a salary or wage offered |
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388 | 388 | | or budgeted for that office. |
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389 | 389 | | SECTION 4.02. Subchapter A, Chapter 305, Government Code, |
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390 | 390 | | is amended by adding Section 305.0031 to read as follows: |
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391 | 391 | | Sec. 305.0031. CERTAIN ELECTED OFFICERS MAY NOT REGISTER. |
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392 | 392 | | (a) A member of Congress, a member of the legislature, or a holder |
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393 | 393 | | of a statewide office may not register under this chapter. |
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394 | 394 | | (b) A registration under this chapter expires on the date a |
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395 | 395 | | person takes office as a member of Congress, a member of the |
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396 | 396 | | legislature, or a holder of a statewide office. |
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397 | 397 | | SECTION 4.03. Chapter 601, Government Code, is amended by |
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398 | 398 | | adding Section 601.010 to read as follows: |
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399 | 399 | | Sec. 601.010. ELECTED OFFICER MAY NOT BE REGISTERED |
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400 | 400 | | LOBBYIST. (a) A person may not qualify for a public elective |
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401 | 401 | | office if the person is required to be registered as a lobbyist |
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402 | 402 | | under Chapter 305. |
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403 | 403 | | (b) Except as restricted by Section 7.103(c), Education |
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404 | 404 | | Code, if applicable, Subsection (a) does not apply to: |
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405 | 405 | | (1) an office for which the federal or state |
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406 | 406 | | constitution prescribes exclusive qualification requirements; |
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407 | 407 | | (2) an office of a political subdivision with a |
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408 | 408 | | population of 150,000 or less, other than the office of presiding |
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409 | 409 | | officer of the governing body of the political subdivision, |
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410 | 410 | | provided that the officeholder does not receive a salary or wage for |
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411 | 411 | | that office; or |
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412 | 412 | | (3) the office of the presiding officer of the |
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413 | 413 | | governing body of a political subdivision with a population of |
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414 | 414 | | 50,000 or less, provided that the presiding officer does not |
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415 | 415 | | receive a salary or wage for that office. |
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416 | 416 | | (c) For purposes of Subsection (b), a presiding officer or |
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417 | 417 | | other officeholder is not considered to have received a salary or |
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418 | 418 | | wage if the officeholder refuses to accept a salary or wage offered |
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419 | 419 | | or budgeted for that office. |
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420 | 420 | | ARTICLE 5. CLOSING REVOLVING DOOR |
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421 | 421 | | SECTION 5.01. Subchapter C, Chapter 572, Government Code, |
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422 | 422 | | is amended by adding Section 572.062 to read as follows: |
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423 | 423 | | Sec. 572.062. FORMER LEGISLATOR: LOBBYING RESTRICTED; |
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424 | 424 | | CRIMINAL OFFENSE. (a) In this section: |
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425 | 425 | | (1) "Administrative action," "communicates directly |
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426 | 426 | | with," "legislation," "member of the executive branch," and "member |
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427 | 427 | | of the legislative branch" have the meanings assigned by Section |
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428 | 428 | | 305.002. |
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429 | 429 | | (2) "Legislative cycle" means the two-year period |
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430 | 430 | | beginning on the first day of a regular legislative session and |
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431 | 431 | | ending on the day before the first day of the succeeding regular |
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432 | 432 | | legislative session. |
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433 | 433 | | (b) Except as provided by Subsection (c), a former member of |
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434 | 434 | | the legislature may not engage in activities that require |
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435 | 435 | | registration under Chapter 305 before the end of the legislative |
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436 | 436 | | cycle following the legislative cycle in which the former member |
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437 | 437 | | last served as a member of the legislature. |
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438 | 438 | | (c) Subsection (b) does not apply to a former member of the |
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439 | 439 | | legislature who does not receive compensation other than |
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440 | 440 | | reimbursement for actual expenses for communicating directly with a |
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441 | 441 | | member of the legislative or executive branch to influence |
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442 | 442 | | legislation or administrative action. |
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443 | 443 | | (d) A former member of the legislature who violates this |
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444 | 444 | | section commits an offense. An offense under this section is a |
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445 | 445 | | Class A misdemeanor. |
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446 | 446 | | ARTICLE 6. PROHIBITION ON CERTAIN USES OF CAMPAIGN ACCOUNT |
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447 | 447 | | SECTION 6.01. Subchapter B, Chapter 305, Government Code, |
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448 | 448 | | is amended by adding Section 305.029 to read as follows: |
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449 | 449 | | Sec. 305.029. EXPENDITURES FROM POLITICAL CONTRIBUTIONS |
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450 | 450 | | RESTRICTED. (a) In this section, "political contribution" has the |
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451 | 451 | | meaning assigned by Section 251.001, Election Code. |
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452 | 452 | | (b) Notwithstanding any other provision of law, a person |
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453 | 453 | | required to register under this chapter may not, before the second |
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454 | 454 | | anniversary of the date the last term for which the person was |
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455 | 455 | | elected ends, knowingly make or authorize an expenditure under this |
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456 | 456 | | chapter from political contributions accepted by the person as a |
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457 | 457 | | candidate or officeholder. |
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458 | 458 | | ARTICLE 7. TRANSITION; EFFECTIVE DATE |
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459 | 459 | | SECTION 7.01. (a) Section 141.001(a), Election Code, as |
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460 | 460 | | amended by this Act, and Section 601.010, Government Code, as added |
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461 | 461 | | by this Act, apply only to the eligibility and qualification |
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462 | 462 | | requirements for a candidate or officer whose term of office will |
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463 | 463 | | begin on or after the effective date of this Act. The eligibility |
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464 | 464 | | and qualification requirements for a candidate or officer whose |
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465 | 465 | | term of office will begin before the effective date of this Act are |
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466 | 466 | | governed by the law in effect immediately before the effective date |
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467 | 467 | | of this Act, and the former law is continued in effect for that |
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468 | 468 | | purpose. |
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469 | 469 | | (b) The changes in law made by this Act to Sections |
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470 | 470 | | 305.0061, 305.024, and 305.031, Government Code, apply only to a |
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471 | 471 | | gift, award, or memento given to or expenditures for |
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472 | 472 | | transportation, lodging, food, beverages, or entertainment made |
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473 | 473 | | for a member of the legislative or executive branch or the immediate |
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474 | 474 | | family of a member of the legislative or executive branch on or |
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475 | 475 | | after the effective date of this Act. A gift, award, or memento |
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476 | 476 | | given to or an expenditure for transportation, lodging, food, |
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477 | 477 | | beverages, or entertainment made for a member of the legislative or |
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478 | 478 | | executive branch or the immediate family of a member of the |
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479 | 479 | | legislative or executive branch before the effective date of this |
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480 | 480 | | Act is governed by the law in effect on the date the gift, award, or |
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481 | 481 | | memento was given, or the date the expenditure for transportation, |
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482 | 482 | | lodging, food, beverages, or entertainment was made, and the former |
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483 | 483 | | law is continued in effect for that purpose. |
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484 | 484 | | (c) Section 305.029, Government Code, as added by this Act, |
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485 | 485 | | applies to a political contribution, political expenditure, or |
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486 | 486 | | lobbying expenditure made on or after January 8, 2019, from funds |
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487 | 487 | | accepted as a political contribution, regardless of the date the |
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488 | 488 | | funds were accepted. |
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489 | 489 | | (d) The changes in law made by this Act to Subchapter B, |
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490 | 490 | | Chapter 572, Government Code, apply only to a financial statement |
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491 | 491 | | filed under Subchapter B, Chapter 572, Government Code, as amended |
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492 | 492 | | by this Act, on or after January 8, 2019. A financial statement |
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493 | 493 | | filed before January 8, 2019, is governed by the law in effect on |
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494 | 494 | | the date of filing, and the former law is continued in effect for |
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495 | 495 | | that purpose. |
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496 | 496 | | (e) Section 572.062, Government Code, as added by this Act, |
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497 | 497 | | applies only to a member of the legislature who ceases to be a |
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498 | 498 | | member on or after the effective date of this Act. |
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499 | 499 | | (f) Section 810.002, Government Code, as added by this Act, |
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500 | 500 | | applies only to a member of a public retirement system who holds or |
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501 | 501 | | has held elected office and, on or after the effective date of this |
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502 | 502 | | Act, commits an offense that is a qualifying felony as defined by |
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503 | 503 | | that section. A person who commits a qualifying felony before the |
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504 | 504 | | effective date of this Act is subject to the law in effect on the |
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505 | 505 | | date the offense was committed, and the former law is continued in |
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506 | 506 | | effect for that purpose. For purposes of this subsection, an |
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507 | 507 | | offense was committed before the effective date of this Act if any |
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508 | 508 | | element of the offense occurred before that date. |
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509 | 509 | | SECTION 7.02. This Act takes effect January 8, 2019. |
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