Texas 2017 - 85th Regular

Texas Senate Bill SB14 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Taylor of Collin, et al. S.B. No. 14
2		-	(In the Senate - Filed January 25, 2017; January 25, 2017,
3		-	read first time and referred to Committee on State Affairs;
4		-	February 2, 2017, reported favorably by the following vote:
5		-	Yeas 9, Nays 0; February 2, 2017, sent to printer.)
6		-	Click here to see the committee vote
7	2
8	3
9	4		A BILL TO BE ENTITLED
10	5		AN ACT
11	6		relating to the ethics of public officers and related requirements;
12	7		creating criminal offenses.
13	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	9		ARTICLE 1. PENSION REVOCATION; LOSS OF LEGISLATIVE OFFICE
15	10		SECTION 1.01. Chapter 810, Government Code, is amended by
16	11		adding Section 810.002 to read as follows:
17	12		Sec. 810.002. CERTAIN ELECTED OFFICIALS INELIGIBLE FOR
18	13		RETIREMENT ANNUITY. (a) In this section:
19	14		(1) "Governing body of a public retirement system" and
20	15		"public retirement system" have the meanings assigned by Section
21	16		802.001.
22	17		(2) "Qualifying felony" means any felony involving:
23	18		(A) bribery;
24	19		(B) the embezzlement, extortion, or other theft
25	20		of public money;
26	21		(C) perjury;
27	22		(D) coercion of public servant or voter;
28	23		(E) tampering with governmental record;
29	24		(F) misuse of official information;
30	25		(G) conspiracy or the attempt to commit any of
31	26		the offenses described by Paragraphs (A)-(F); or
32	27		(H) abuse of official capacity.
33	28		(b) This section applies only to a person who is:
34	29		(1) a member of the elected class of the Employees
35	30		Retirement System of Texas as described by Section 812.002(a)(1) or
36	31		(2); or
37	32		(2) otherwise eligible for membership in a public
38		-	retirement system wholly or partly because the person ~~held an~~
39		-	elected office.
	33	+	retirement system wholly or partly because the person was elected
	34	+	or appointed to an elected office.
40	35		(c) Except as provided by Subsection (d), a member of a
41	36		public retirement system is not eligible to receive a service
42	37		retirement annuity under the retirement system if the member is
43	38		convicted of a qualifying felony committed while in office and
44	39		arising directly from the official duties of that elected office.
45		-	(d) The retirement system shall suspend payments of an
46		-	annuity to a person ineligible to receive the annuity under
47		-	Subsection (c). A person whose conviction is overturned on appeal
48		-	or who meets the requirements for innocence under Section
49		-	103.001(a)(2), Civil Practice and Remedies Code:
	40	+	(d) The retirement system, on receipt of notice of a
	41	+	conviction under Subsection (e) or (k), any similar notice of a
	42	+	conviction of a qualifying felony from a United States district
	43	+	court or United States attorney, or any other information that the
	44	+	retirement system determines by rule is sufficient to establish a
	45	+	conviction of a qualifying felony, shall suspend payments of an
	46	+	annuity to a person the system determines to be ineligible to
	47	+	receive the annuity under Subsection (c). A person whose
	48	+	conviction is overturned on appeal or who meets the requirements
	49	+	for innocence under Section 103.001(a)(2), Civil Practice and
	50	+	Remedies Code:
50	51		(1) is entitled to receive an amount equal to the
51	52		accrued total of payments and interest earned on the payments
52	53		withheld during the suspension period; and
53	54		(2) may resume receipt of annuity payments on payment
54	55		to the retirement system of an amount equal to the contributions
55		-	refunded to the person under Subsection (e).
56		-	(e) A member who is ineligible to receive a service
	56	+	refunded to the person under Subsection (f).
	57	+	(e) Not later than the 30th day after the conviction of a
	58	+	person of a qualifying felony, the governmental entity to which the
	59	+	person was elected or appointed must provide written notice of the
	60	+	conviction to the public retirement system in which the person is
	61	+	enrolled. The notice must comply with the administrative rules
	62	+	adopted by the public retirement system under Subsection (j).
	63	+	(f) A member who is ineligible to receive a service
57	64		retirement annuity under Subsection (c) is entitled to a refund of
58	65		the member's service retirement annuity contributions, including
59	66		interest earned on those contributions.
60		-	(f) Benefits payable to an alternate payee under Chapter 804
	67	+	(g) Benefits payable to an alternate payee under Chapter 804
61	68		who is recognized by a domestic relations order established before
62		-	January 8, 2019, are not affected by a member's ineligibility to
63		-	receive a service retirement annuity under Subsection (c).
64		-	(g) On conviction of a member for a qualifying felony, a
	69	+	the effective date of this subsection are not affected by a member's
	70	+	ineligibility to receive a service retirement annuity under
	71	+	Subsection (c).
	72	+	(h) On conviction of a member for a qualifying felony, a
65	73		court may, in the interest of justice and in the same manner as in a
66	74		divorce proceeding, award half of the service retirement annuity
67	75		forfeited by the member as the separate property of an innocent
68	76		spouse if the annuity is partitioned or exchanged by written
69	77		agreement of the spouses as provided by Subchapter B, Chapter 4,
70	78		Family Code. The amount awarded to the innocent spouse may not be
71	79		converted to community property.
72		-	(h) Ineligibility for a service retirement annuity under
	80	+	(i) Ineligibility for a service retirement annuity under
73	81		this section does not impair a person's right to any other
74	82		retirement benefit for which the person is eligible.
75		-	(i) The governing body of a public retirement system shall
	83	+	(j) The governing body of a public retirement system shall
76	84		adopt rules and procedures to implement this section.
	85	+	(k) A court shall notify the retirement system of the terms
	86	+	of a conviction of a person convicted of an offense described by
	87	+	Subsection (c).
77	88		SECTION 1.02. Chapter 601, Government Code, is amended by
78	89		adding Section 601.011 to read as follows:
79	90		Sec. 601.011. VACANCY ON FINAL FELONY CONVICTION OF MEMBER
80	91		OF LEGISLATURE, GOVERNOR, OR STATE ELECTED OFFICIAL. A member of
81	92		the legislature, the governor, or a state elected official
82	93		convicted of a felony vacates the member's, governor's, or
83	94		official's office on the date the conviction becomes final.
	95	+	SECTION 1.03. Article 42.01, Code of Criminal Procedure, is
	96	+	amended by adding Section 12 to read as follows:
	97	+	Sec. 12. In addition to the information described by
	98	+	Section 1, the judgment should reflect affirmative findings entered
	99	+	pursuant to Article 42.0196.
	100	+	SECTION 1.04. Chapter 42, Code of Criminal Procedure, is
	101	+	amended by adding Article 42.0196 to read as follows:
	102	+	Art. 42.0196. FINDING REGARDING OFFENSE RELATED TO
	103	+	PERFORMANCE OF PUBLIC SERVICE. (a) In the trial of an offense
	104	+	described by Section 810.002, Government Code, the judge shall make
	105	+	an affirmative finding of fact and enter the affirmative finding in
	106	+	the judgment in the case if the judge determines that the defendant
	107	+	is:
	108	+	(1) a member of the elected class described by Section
	109	+	810.002(b)(1), Government Code, while a member of the Employees
	110	+	Retirement System of Texas; or
	111	+	(2) a holder of an elected office for which the
	112	+	defendant wholly or partly became eligible for membership in a
	113	+	public retirement system.
	114	+	(b) A judge who makes the affirmative finding described by
	115	+	this article shall make the determination and provide the notice
	116	+	required by Section 810.002(k), Government Code.
	117	+	SECTION 1.05. This article takes effect immediately if this
	118	+	Act receives a vote of two-thirds of all the members elected to each
	119	+	house, as provided by Section 39, Article III, Texas Constitution.
	120	+	If this Act does not receive the vote necessary for immediate
	121	+	effect, this article takes effect September 1, 2017.
84	122		ARTICLE 2. DISCLOSURE REQUIREMENTS
85	123		SECTION 2.01. Section 572.023, Government Code, is amended
86	124		by amending Subsection (b) and adding Subsections (e) and (f) to
87	125		read as follows:
88	126		(b) The account of financial activity consists of:
89	127		(1) a list of all sources of occupational income,
90	128		identified by employer, or if self-employed, by the nature of the
91	129		occupation, including identification of a person or other
92	130		organization from which the individual or a business in which the
93	131		individual has a substantial interest received a fee as a retainer
94	132		for a claim on future services in case of need, as distinguished
95	133		from a fee for services on a matter specified at the time of
96	134		contracting for or receiving the fee, if professional or
97	135		occupational services are not actually performed during the
98	136		reporting period equal to or in excess of the amount of the
99	137		retainer, and the category of the amount of the fee;
100	138		(2) identification by name and the category of the
101	139		number of shares of stock of any business entity held or acquired,
102	140		and if sold, the category of the amount of net gain or loss realized
103	141		from the sale;
104	142		(3) a list of all bonds, notes, and other commercial
105	143		paper held or acquired, and if sold, the category of the amount of
106	144		net gain or loss realized from the sale;
107	145		(4) identification of each source and the category of
108	146		the amount of income in excess of $500 derived from each source from
109	147		interest, dividends, royalties, and rents;
110	148		(5) identification of each guarantor of a loan and
111	149		identification of each person or financial institution to whom a
112	150		personal note or notes or lease agreement for a total financial
113	151		liability in excess of $1,000 existed at any time during the year
114	152		and the category of the amount of the liability;
115	153		(6) identification by description of all beneficial
116	154		interests in real property and business entities held or acquired,
117	155		and if sold, the category of the amount of the net gain or loss
118	156		realized from the sale;
119	157		(7) identification of a person or other organization
120	158		from which the individual or the individual's spouse or dependent
121	159		children received a gift of anything of value in excess of $250 and
122	160		a description of each gift, except:
123	161		(A) a gift received from an individual related to
124	162		the individual at any time within the second degree by
125	163		consanguinity or affinity, as determined under Subchapter B,
126	164		Chapter 573;
127	165		(B) a political contribution that was reported as
128	166		required by Chapter 254, Election Code; and
129	167		(C) an expenditure required to be reported by a
130	168		person required to be registered under Chapter 305;
131	169		(8) identification of the source and the category of
132	170		the amount of all income received as beneficiary of a trust, other
133	171		than a blind trust that complies with Subsection (c), and
134	172		identification of each trust asset, if known to the beneficiary,
135	173		from which income was received by the beneficiary in excess of $500;
136	174		(9) identification by description and the category of
137	175		the amount of all assets and liabilities of a corporation, firm,
138	176		partnership, limited partnership, limited liability partnership,
139	177		professional corporation, professional association, joint venture,
140	178		or other business association in which 50 percent or more of the
141	179		outstanding ownership was held, acquired, or sold;
142	180		(10) a list of all boards of directors of which the
143	181		individual is a member and executive positions that the individual
144	182		holds in corporations, firms, partnerships, limited partnerships,
145	183		limited liability partnerships, professional corporations,
146	184		professional associations, joint ventures, or other business
147	185		associations or proprietorships, stating the name of each
148	186		corporation, firm, partnership, limited partnership, limited
149	187		liability partnership, professional corporation, professional
150	188		association, joint venture, or other business association or
151	189		proprietorship and the position held;
152	190		(11) identification of any person providing
153	191		transportation, meals, or lodging expenses permitted under Section
154	192		36.07(b), Penal Code, and the amount of those expenses, other than
155	193		expenditures required to be reported under Chapter 305;
156	194		(12) any corporation, firm, partnership, limited
157	195		partnership, limited liability partnership, professional
158	196		corporation, professional association, joint venture, or other
159	197		business association, excluding a publicly held corporation, in
160	198		which both the individual and a person registered under Chapter 305
161	199		have an interest;
162	200		(13) identification by name and the category of the
163	201		number of shares of any mutual fund held or acquired, and if sold,
164	202		the category of the amount of net gain or loss realized from the
165	203		sale; [and]
166	204		(14) identification of each blind trust that complies
167	205		with Subsection (c), including:
168	206		(A) the category of the fair market value of the
169	207		trust;
170	208		(B) the date the trust was created;
171	209		(C) the name and address of the trustee; and
172	210		(D) a statement signed by the trustee, under
173	211		penalty of perjury, stating that:
174	212		(i) the trustee has not revealed any
175	213		information to the individual, except information that may be
176	214		disclosed under Subdivision (8); and
177	215		(ii) to the best of the trustee's knowledge,
178	216		the trust complies with this section;
179	217		(15) if the aggregate cost of goods or services sold
180	218		under one or more written contracts described by this subdivision
181	219		exceeds $10,000 in the year covered by the report, identification
182	220		of each written contract, including the name of each party to the
183	221		contract:
184	222		(A) for the sale of goods or services in the
185	223		amount of $2,500 or more;
186	224		(B) to which the individual, the individual's
187	225		spouse, the individual's dependent child, or any business entity of
188	226		which the individual, the individual's spouse, or the individual's
189	227		dependent child has at least a 50 percent ownership interest is a
190	228		party; and
191	229		(C) with:
192	230		(i) a governmental entity; or
193	231		(ii) a person who contracts with a
194		-	governmental entity, in accordance with the contract between the
195		-	person contracting with the governmental entity and the individual
196		-	or entity described by Paragraph (B); and
	232	+	governmental entity, if the individual or entity described by
	233	+	Paragraph (B) performs work arising out of the contract,
	234	+	subcontract, or agreement between the person and the governmental
	235	+	entity for a fee; and
197	236		(16) if the individual is a member of the legislature
198	237		and provides bond counsel services to an issuer, as defined by
199	238		Section 1201.002(1), identification of the following for each
200	239		issuance for which the individual served as bond counsel:
201	240		(A) the amount of the issuance;
202	241		(B) the name of the issuer;
203	242		(C) the date of the issuance;
204	243		(D) the amount of fees paid to the individual,
205	244		and whether the amount is:
206	245		(i) less than $5,000;
207	246		(ii) at least $5,000 but less than $10,000;
208	247		(iii) at least $10,000 but less than
209	248		$25,000; or
210	249		(iv) $25,000 or more; and
211	250		(E) the amount of fees paid to the individual's
212	251		firm, if applicable, and whether the amount is:
213	252		(i) less than $5,000;
214	253		(ii) at least $5,000 but less than $10,000;
215	254		(iii) at least $10,000 but less than
216	255		$25,000; or
217	256		(iv) $25,000 or more.
218	257		(e) In this section, "governmental entity" means this
219	258		state, a political subdivision of the state, or an agency or
220	259		department of the state or a political subdivision of the state.
221	260		(f) Subsection (b)(15) does not require the disclosure of an
222	261		employment contract between a school district or open-enrollment
223	262		charter school and an employee of the district or school.
224	263		SECTION 2.02. Section 572.0252, Government Code, is amended
225	264		to read as follows:
226		-	Sec. 572.0252. INFORMATION ABOUT LEGAL REFERRALS. A state
227		-	officer who is an attorney shall report on the financial statement:
	265	+	Sec. 572.0252. INFORMATION ABOUT LEGAL REFERRALS. (a) In
	266	+	this section, "referral for compensation" means the referral of a
	267	+	legal matter by an attorney to another attorney under which the
	268	+	attorney receiving the compensation is not responsible for
	269	+	performing any legal work relating to the matter. The term does not
	270	+	include compensation for acting as co-counsel, of counsel, or local
	271	+	counsel.
	272	+	(b) This section applies only to a referral made to or
	273	+	received from a person if during the period covered by the financial
	274	+	statement the total amount of compensation for all referrals made
	275	+	to or received from that person exceeds $2,500.
	276	+	(c) A state officer who is an attorney shall report on the
	277	+	financial statement:
228	278		(1) making or receiving any referral for compensation
229	279		for legal services; [and]
230	280		(2) the date the referral is made or received;
231	281		(3) the style of the case referred, if applicable; and
232	282		(4) the percentage of the legal fee paid or received
233	283		that was agreed to between the parties to the referral as the
234	284		referral fee or, if the referral fee is not determined as a
235	285		percentage of the legal fee, the agreed amount of the fee paid or
236	286		received [the category of the amount of any fee accepted for making
237	287		a referral for legal services].
	288	+	SECTION 2.03. Subchapter B, Chapter 572, Government Code,
	289	+	is amended by adding Section 572.0295 to read as follows:
	290	+	Sec. 572.0295. AMENDMENT OF FINANCIAL STATEMENT. (a) A
	291	+	person who files a financial statement under this chapter may amend
	292	+	the person's statement.
	293	+	(b) A financial statement that is amended is considered to
	294	+	have been filed on the date on which the original statement was
	295	+	filed if:
	296	+	(1) the amendment is made on or before the 14th day
	297	+	after the date the person filing the statement learns of an error or
	298	+	omission in the original statement;
	299	+	(2) the original financial statement was made in good
	300	+	faith and without an intent to mislead or to misrepresent the
	301	+	information contained in the statement; and
	302	+	(3) the person filing the amendment accompanies the
	303	+	amendment with a declaration that:
	304	+	(A) the person became aware of the error or
	305	+	omission in the original statement during the preceding 14 days;
	306	+	and
	307	+	(B) the original statement was made in good faith
	308	+	and without intent to mislead or to misrepresent the information
	309	+	contained in the statement.
238	310		ARTICLE 3. REPORTING OF LOBBYIST EXPENDITURES
239	311		SECTION 3.01. Section 305.0061, Government Code, is amended
240		-	by amending Subsections (a), (b), and (c) and adding ~~Subsection (h)~~
241		-	to read as follows:
	312	+	by amending Subsections (a), (b), and (c) and adding Subsections
	313	+	(h) and (i) to read as follows:
242	314		(a) If a registrant or a person on the registrant's behalf
243	315		and with the registrant's consent or ratification makes
244	316		expenditures that exceed 30 [60] percent of the amount of the
245	317		legislative per diem in a day for transportation or lodging for a
246	318		member of the legislative or executive branch or for the immediate
247	319		family of a member of the legislative or executive branch, the
248	320		registrant shall also state the following on the report filed under
249	321		Section 305.006:
250	322		(1) the name of the member of the legislative or
251	323		executive branch in whose behalf the expenditure is made;
252	324		(2) the place and date of the transportation or
253	325		lodging; and
254	326		(3) the purpose of the transportation or lodging.
255	327		(b) If a registrant or a person on the registrant's behalf
256	328		and with the registrant's consent or ratification makes
257	329		expenditures that exceed 30 [60] percent of the amount of the
258	330		legislative per diem in a day for food and beverages for a member of
259	331		the legislative or executive branch or for the immediate family of a
260	332		member of the legislative or executive branch or makes expenditures
261	333		that exceed 30 [60] percent of the amount of the legislative per
262	334		diem in a day for entertainment for a member of the legislative or
263	335		executive branch or for the immediate family of a member of the
264	336		legislative or executive branch, the registrant shall also state
265	337		the following on the report filed under Section 305.006:
266	338		(1) the name of the member of the legislative or
267	339		executive branch in whose behalf the expenditure is made;
268	340		(2) the place and date of the expenditure; and
269	341		(3) the amount of the expenditure by the appropriate
270	342		category of the amount, as determined by the commission.
271	343		(c) If a registrant or a person on the registrant's behalf
272	344		and with the registrant's consent or ratification gives to a member
273	345		of the legislative or executive branch, or to the immediate family
274	346		of a member of the legislative or executive branch, a gift or an
275	347		award or memento, the value of which exceeds $50 per gift, award, or
276	348		memento, the registrant shall also state the following on the
277	349		report filed under Section 305.006:
278	350		(1) the name of the member of the legislative or
279	351		executive branch in whose behalf the expenditure is made;
280	352		(2) a general description of the gift, award, or
281	353		memento; and
282	354		(3) the amount of the expenditure by the appropriate
283	355		category of the amount, as determined by the commission.
284	356		(h) If more than one registrant or persons acting on behalf
285	357		of more than one registrant and with each registrant's consent or
286	358		ratification collaborate to make an expenditure described by
	359	+	Section 305.006(b) together, each registrant shall report both the
	360	+	registrant's expenditure and the total amount of the shared
	361	+	expenditure as required by Subsection (a) or (b), if the total
	362	+	amount of the shared expenditure exceeds the amount provided under
	363	+	Subsection (a) or (b).
	364	+	(i) If more than one registrant or persons acting on behalf
	365	+	of more than one registrant and with each registrant's consent or
	366	+	ratification collaborate to make an expenditure described by
287	367		Section 305.006(b) together, each registrant shall report the total
288		-	value of the shared expenditure as required by Subsection (a), ~~(b),~~
289		-	~~or (c), if~~ the total value of the shared expenditure exceeds the
290		-	~~amount~~ provided under Subsection (~~a), (b), or (~~c).
	368	+	value of the shared expenditure as required by Subsection (c), if
	369	+	the total value of the shared expenditure exceeds the amount
	370	+	provided under Subsection (c).
291	371		SECTION 3.02. Section 305.024(a), Government Code, as
292	372		amended by Chapters 92 (S.B. 1011) and 206 (H.B. 1508), Acts of the
293	373		79th Legislature, Regular Session, 2005, is reenacted and amended
294	374		to read as follows:
295	375		(a) Except as provided by Section 305.025, a person
296	376		registered under Section 305.005 or a person on the registrant's
297	377		behalf and with the registrant's consent or ratification may not
298	378		offer, confer, or agree to confer:
299	379		(1) to an individual described by Section
300	380		305.0062(a)(1), (2), (3), (4), or (5):
301	381		(A) a loan, including the guarantee or
302	382		endorsement of a loan; or
303	383		(B) a gift of cash or a negotiable instrument as
304	384		described by Section 3.104, Business & Commerce Code; or
305	385		(2) to an individual described by Section
306	386		305.0062(a)(1), (2), (3), (4), (5), (6), or (7):
307	387		(A) an expenditure for transportation and
308	388		lodging;
309	389		(B) an expenditure or series of expenditures for
310	390		entertainment that in the aggregate exceed $500 in a calendar year;
311	391		(C) an expenditure or series of expenditures for
312	392		gifts that in the aggregate exceed $500 in a calendar year;
313	393		(D) an expenditure for an award or memento that
314	394		exceeds $500; or
315	395		(E) an expenditure described by Section
316	396		305.006(b)(1), (2), (3), or (6) unless:
317	397		(i) [(A)] the registrant is present at the
318	398		event; or
319	399		(ii) [(B)] the expenditure is for a gift of
320	400		food or beverages required to be reported under Section
321	401		305.006(b)(4) in accordance with Section 305.0061(e-1).
322	402		SECTION 3.03. Section 305.024, Government Code, is amended
323	403		by adding Subsection (d) to read as follows:
324	404		(d) The registrant shall notify a member of the legislative
325	405		or executive branch when the registrant has reported, as to that
326	406		member of the legislative or executive branch, expenditures that,
327	407		in the aggregate, equal the monetary limits for expenditures under
328	408		Subsection (a)(2).
329	409		SECTION 3.04. Section 305.031(a), Government Code, is
330	410		amended to read as follows:
331	411		(a) A person commits an offense if the person intentionally
332	412		or knowingly violates a provision of this chapter other than
333	413		Section 305.022, 305.024(d), or 305.028. An offense under this
334	414		subsection is a Class A misdemeanor.
335	415		SECTION 3.05. Section 305.024(c), Government Code, is
336	416		repealed.
337	417		ARTICLE 4. ELECTED OFFICIALS PROHIBITED FROM LOBBYING
338	418		SECTION 4.01. Section 141.001, Election Code, is amended by
339	419		amending Subsection (a) and adding Subsections (e) and (f) to read
340	420		as follows:
341	421		(a) To be eligible to be a candidate for, or elected or
342	422		appointed to, a public elective office in this state, a person must:
343	423		(1) be a United States citizen;
344	424		(2) be 18 years of age or older on the first day of the
345	425		term to be filled at the election or on the date of appointment, as
346	426		applicable;
347	427		(3) have not been determined by a final judgment of a
348	428		court exercising probate jurisdiction to be:
349	429		(A) totally mentally incapacitated; or
350	430		(B) partially mentally incapacitated without the
351	431		right to vote;
352	432		(4) have not been finally convicted of a felony from
353	433		which the person has not been pardoned or otherwise released from
354	434		the resulting disabilities;
355	435		(5) have resided continuously in the state for 12
356	436		months and in the territory from which the office is elected for six
357	437		months immediately preceding the following date:
358	438		(A) for a candidate whose name is to appear on a
359	439		general primary election ballot, the date of the regular filing
360	440		deadline for a candidate's application for a place on the ballot;
361	441		(B) for an independent candidate, the date of the
362	442		regular filing deadline for a candidate's application for a place
363	443		on the ballot;
364	444		(C) for a write-in candidate, the date of the
365	445		election at which the candidate's name is written in;
366	446		(D) for a party nominee who is nominated by any
367	447		method other than by primary election, the date the nomination is
368	448		made; and
369	449		(E) for an appointee to an office, the date the
370	450		appointment is made;
371	451		(6) on the date described by Subdivision (5), be
372	452		registered to vote in the territory from which the office is
373	453		elected; [and]
374	454		(7) not be required to be registered as a lobbyist
375	455		under Chapter 305, Government Code; and
376	456		(8) satisfy any other eligibility requirements
377	457		prescribed by law for the office.
378	458		(e) Except as restricted by Section 7.103(c), Education
379	459		Code, if applicable, Subsection (a)(7) does not apply to:
380	460		(1) an office of a political subdivision with a
381	461		population of 150,000 or less, other than the office of presiding
382	462		officer of the governing body of the political subdivision,
383	463		provided that the officeholder does not receive a salary or wage for
384	464		that office; or
385	465		(2) the office of the presiding officer of the
386	466		governing body of a political subdivision with a population of
387	467		50,000 or less, provided that the presiding officer does not
388	468		receive a salary or wage for that office.
389	469		(f) For purposes of Subsection (e), a presiding officer or
390	470		other officeholder is not considered to have received a salary or
391	471		wage if the officeholder refuses to accept a salary or wage offered
392	472		or budgeted for that office.
393	473		SECTION 4.02. Subchapter A, Chapter 305, Government Code,
394	474		is amended by adding Section 305.0031 to read as follows:
395	475		Sec. 305.0031. CERTAIN ELECTED OFFICERS MAY NOT REGISTER.
396	476		(a) A member of Congress, a member of the legislature, or a holder
397	477		of a statewide office may not register under this chapter.
398	478		(b) A registration under this chapter expires on the date a
399	479		person takes office as a member of Congress, a member of the
400	480		legislature, or a holder of a statewide office.
401	481		SECTION 4.03. Chapter 601, Government Code, is amended by
402	482		adding Section 601.010 to read as follows:
403	483		Sec. 601.010. ELECTED OFFICER MAY NOT BE REGISTERED
404	484		LOBBYIST. (a) A person may not qualify for a public elective
405	485		office if the person is required to be registered as a lobbyist
406	486		under Chapter 305.
407	487		(b) Except as restricted by Section 7.103(c), Education
408	488		Code, if applicable, Subsection (a) does not apply to:
409	489		(1) an office for which the federal or state
410	490		constitution prescribes exclusive qualification requirements;
411	491		(2) an office of a political subdivision with a
412	492		population of 150,000 or less, other than the office of presiding
413	493		officer of the governing body of the political subdivision,
414	494		provided that the officeholder does not receive a salary or wage for
415	495		that office; or
416	496		(3) the office of the presiding officer of the
417	497		governing body of a political subdivision with a population of
418	498		50,000 or less, provided that the presiding officer does not
419	499		receive a salary or wage for that office.
420	500		(c) For purposes of Subsection (b), a presiding officer or
421	501		other officeholder is not considered to have received a salary or
422	502		wage if the officeholder refuses to accept a salary or wage offered
423	503		or budgeted for that office.
424	504		ARTICLE 5. CLOSING REVOLVING DOOR
425	505		SECTION 5.01. Subchapter C, Chapter 572, Government Code,
426	506		is amended by adding Section 572.062 to read as follows:
427	507		Sec. 572.062. FORMER LEGISLATOR: LOBBYING RESTRICTED;
428	508		CRIMINAL OFFENSE. (a) In this section:
429	509		(1) "Administrative action," "communicates directly
430	510		with," "legislation," "member of the executive branch," and "member
431	511		of the legislative branch" have the meanings assigned by Section
432	512		305.002.
433	513		(2) "Legislative cycle" means the two-year period
434	514		beginning on the first day of a regular legislative session and
435	515		ending on the day before the first day of the succeeding regular
436	516		legislative session.
437	517		(b) Except as provided by Subsection (c), a former member of
438	518		the legislature may not engage in activities that require
439	519		registration under Chapter 305 before the end of the legislative
440	520		cycle following the legislative cycle in which the former member
441	521		last served as a member of the legislature.
442	522		(c) Subsection (b) does not apply to a former member of the
443	523		legislature who does not receive compensation other than
444	524		reimbursement for actual expenses for communicating directly with a
445	525		member of the legislative or executive branch to influence
446	526		legislation or administrative action.
447	527		(d) A former member of the legislature who violates this
448	528		section commits an offense. An offense under this section is a
449		-	Class A misdemeanor.
	529	+	Class B misdemeanor.
450	530		ARTICLE 6. PROHIBITION ON CERTAIN USES OF CAMPAIGN ACCOUNT
451	531		SECTION 6.01. Subchapter B, Chapter 305, Government Code,
452	532		is amended by adding Section 305.029 to read as follows:
453	533		Sec. 305.029. EXPENDITURES FROM POLITICAL CONTRIBUTIONS
454		-	RESTRICTED. (a) In this section, "political contribution" has the
455		-	meaning assigned by Section 251.001, Election Code.
	534	+	RESTRICTED. (a) In this section, "political contribution,"
	535	+	"political committee," and "political expenditure" have the
	536	+	meanings assigned by Section 251.001, Election Code.
456	537		(b) Notwithstanding any other provision of law, a person
457	538		required to register under this chapter may not, before the second
458	539		anniversary of the date the last term for which the person was
459		-	elected ends, knowingly make or authorize an expenditure under this
460		-	chapter from political contributions accepted by the person as a
461		-	candidate or officeholder.
	540	+	elected ends, knowingly make or authorize, from political
	541	+	contributions accepted by the person as a candidate or
	542	+	officeholder, a political expenditure that is a political
	543	+	contribution to a candidate, officeholder, or political committee.
462	544		ARTICLE 7. TRANSITION; EFFECTIVE DATE
463	545		SECTION 7.01. (a) Section 141.001(a), Election Code, as
464	546		amended by this Act, and Section 601.010, Government Code, as added
465	547		by this Act, apply only to the eligibility and qualification
466	548		requirements for a candidate or officer whose term of office will
467	549		begin on or after the effective date of this Act. The eligibility
468	550		and qualification requirements for a candidate or officer whose
469	551		term of office will begin before the effective date of this Act are
470	552		governed by the law in effect immediately before the effective date
471	553		of this Act, and the former law is continued in effect for that
472	554		purpose.
473	555		(b) The changes in law made by this Act to Sections
474	556		305.0061, 305.024, and 305.031, Government Code, apply only to a
475	557		gift, award, or memento given to or expenditures for
476	558		transportation, lodging, food, beverages, or entertainment made
477	559		for a member of the legislative or executive branch or the immediate
478	560		family of a member of the legislative or executive branch on or
479	561		after the effective date of this Act. A gift, award, or memento
480	562		given to or an expenditure for transportation, lodging, food,
481	563		beverages, or entertainment made for a member of the legislative or
482	564		executive branch or the immediate family of a member of the
483	565		legislative or executive branch before the effective date of this
484	566		Act is governed by the law in effect on the date the gift, award, or
485	567		memento was given, or the date the expenditure for transportation,
486	568		lodging, food, beverages, or entertainment was made, and the former
487	569		law is continued in effect for that purpose.
488	570		(c) Section 305.029, Government Code, as added by this Act,
489		-	applies to a political contribution, political expenditure, or
490		-	lobbying expenditure made on or after January 8, 2019, from funds
491		-	accepted as a political contribution, regardless of the date the
492		-	funds were accepted.
	571	+	applies to an expenditure made on or after January 8, 2019, from
	572	+	funds accepted as a political contribution, regardless of the date
	573	+	the funds were accepted.
493	574		(d) The changes in law made by this Act to Subchapter B,
494	575		Chapter 572, Government Code, apply only to a financial statement
495	576		filed under Subchapter B, Chapter 572, Government Code, as amended
496	577		by this Act, on or after January 8, 2019. A financial statement
497	578		filed before January 8, 2019, is governed by the law in effect on
498	579		the date of filing, and the former law is continued in effect for
499	580		that purpose.
500	581		(e) Section 572.062, Government Code, as added by this Act,
501	582		applies only to a member of the legislature who ceases to be a
502	583		member on or after the effective date of this Act.
503	584		(f) Section 810.002, Government Code, as added by this Act,
504	585		applies only to a member of a public retirement system who holds or
505	586		has held elected office and, on or after the effective date of this
506	587		Act, commits an offense that is a qualifying felony as defined by
507	588		that section. A person who commits a qualifying felony before the
508	589		effective date of this Act is subject to the law in effect on the
509	590		date the offense was committed, and the former law is continued in
510	591		effect for that purpose. For purposes of this subsection, an
511	592		offense was committed before the effective date of this Act if any
512	593		element of the offense occurred before that date.
513		-	SECTION 7.02. This Act ~~takes effect January 8~~, ~~2019.~~
514		-	~~* * * * *~~
	594	+	SECTION 7.02. Except as otherwise provided by this Act,
	595	+	this Act takes effect January 8, 2019.