Texas 2017 - 85th Regular

Texas House Bill HB3305 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	85R25317 ATP-D
2		-	By: Larson H.B. No. 3305
3		-	Substitute the following for H.B. No. 3305:
4		-	By: Davis of Harris C.S.H.B. No. 3305
	1	+	By: Larson, Capriglione, King of Hemphill, H.B. No. 3305
	2	+	Price
5	3
6	4
7	5		A BILL TO BE ENTITLED
8	6		AN ACT
9	7		relating to restrictions on certain contributions by persons
10		-	appointed to public office by the governor.
	8	+	appointed to public office by the governor; creating a criminal
	9	+	offense.
11	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	11		SECTION 1. Chapter 601, Government Code, is amended by
13	12		adding Section 601.012 to read as follows:
14	13		Sec. 601.012. CERTAIN DONORS INELIGIBLE FOR GUBERNATORIAL
15	14		APPOINTMENTS; CONTRIBUTIONS BY GUBERNATORIAL APPOINTEES
16		-	RESTRICTED. (a) In this section, "political contribution" and
17		-	"specific-purpose committee" have the meanings assigned by Section
18		-	251.001, Election Code.
	15	+	RESTRICTED. (a) In this section:
	16	+	(1) "Communicates directly with," "matter," "member
	17	+	of the executive branch," and "member of the legislative branch"
	18	+	have the meanings assigned by Section 305.002.
	19	+	(2) "Political contribution" and "specific-purpose
	20	+	committee" have the meanings assigned by Section 251.001, Election
	21	+	Code.
19	22		(b) An individual is ineligible to serve as an officer
20	23		appointed by the governor if during the year preceding the date of
21	24		appointment the individual made political contributions that in the
22	25		aggregate exceeded $2,500 to:
23	26		(1) the governor; or
24	27		(2) a specific-purpose committee supporting the
25	28		governor as a candidate or assisting the governor as an
26	29		officeholder.
27	30		(c) An individual serving as an officer appointed by the
28	31		governor may not during any single year in which the individual
29	32		serves in that office make political contributions that in the
30	33		aggregate exceed $2,500 to the governor or a specific-purpose
31	34		committee supporting the governor as a candidate or assisting the
32	35		governor as an officeholder. An individual who violates this
33	36		section is liable in damages to this state in the amount of triple
34	37		the amount of contributions in a single year that exceed the limit
35	38		prescribed by this subsection.
36	39		(d) For purposes of Subsection (b) or (c), a political
37	40		contribution made by the spouse or dependent child of an individual
38	41		or a political contribution from an organization made in the
39	42		individual's name and with the individual's consent is considered
40	43		to be a contribution made by the individual.
41	44		(e) Before taking office, an individual appointed by the
42	45		governor must sign an attestation that during the year preceding
43	46		the appointment the individual, the individual's spouse or
44	47		dependent child, and an organization in the individual's name and
45	48		with the individual's consent did not make political contributions
46	49		exceeding $2,500 to the governor or a specific-purpose committee
47	50		supporting the governor as a candidate or assisting the governor as
48	51		an officeholder.
	52	+	(f) Before taking office, an individual appointed by the
	53	+	governor must sign an attestation that the individual or a business
	54	+	entity acting at the direction of the individual will not
	55	+	compensate a person required to register as a lobbyist under
	56	+	Chapter 305 for communicating directly with a member of the
	57	+	legislative or executive branch on a matter affecting the officer's
	58	+	state agency and will comply with any political contribution limits
	59	+	under Subsection (b). An individual appointed by the governor who
	60	+	or a business entity acting at the direction of the individual that
	61	+	violates an attestation under this subsection, or a person required
	62	+	to register as a lobbyist under Chapter 305 who accepts
	63	+	compensation made in violation of an attestation under this
	64	+	subsection, commits an offense. An offense under this subsection
	65	+	is a Class A misdemeanor.
49	66		SECTION 2. Section 601.012, Government Code, as added by
50	67		this Act, applies to an appointment made on or after the effective
51	68		date of this Act.
52	69		SECTION 3. This Act takes effect September 1, 2017.