| 1 | 1 | | 85S10161 ATP-D |
|---|
| 2 | 2 | | By: Larson H.B. No. 33 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to restrictions on certain contributions by persons |
|---|
| 8 | 8 | | appointed to public office by the governor; creating a criminal |
|---|
| 9 | 9 | | offense. |
|---|
| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 11 | 11 | | SECTION 1. Chapter 601, Government Code, is amended by |
|---|
| 12 | 12 | | adding Section 601.012 to read as follows: |
|---|
| 13 | 13 | | Sec. 601.012. CERTAIN DONORS INELIGIBLE FOR GUBERNATORIAL |
|---|
| 14 | 14 | | APPOINTMENTS; CONTRIBUTIONS BY GUBERNATORIAL APPOINTEES |
|---|
| 15 | 15 | | RESTRICTED. (a) In this section: |
|---|
| 16 | 16 | | (1) "Communicates directly with," "matter," "member |
|---|
| 17 | 17 | | of the executive branch," and "member of the legislative branch" |
|---|
| 18 | 18 | | have the meanings assigned by Section 305.002. |
|---|
| 19 | 19 | | (2) "Political contribution" and "specific-purpose |
|---|
| 20 | 20 | | committee" have the meanings assigned by Section 251.001, Election |
|---|
| 21 | 21 | | Code. |
|---|
| 22 | 22 | | (b) An individual is ineligible to serve as an officer |
|---|
| 23 | 23 | | appointed by the governor if during the year preceding the date of |
|---|
| 24 | 24 | | appointment the individual made political contributions that in the |
|---|
| 25 | 25 | | aggregate exceeded $2,500 to: |
|---|
| 26 | 26 | | (1) the governor; or |
|---|
| 27 | 27 | | (2) a specific-purpose committee supporting the |
|---|
| 28 | 28 | | governor as a candidate or assisting the governor as an |
|---|
| 29 | 29 | | officeholder. |
|---|
| 30 | 30 | | (c) An individual serving as an officer appointed by the |
|---|
| 31 | 31 | | governor may not during any single year in which the individual |
|---|
| 32 | 32 | | serves in that office make political contributions that in the |
|---|
| 33 | 33 | | aggregate exceed $2,500 to the governor or a specific-purpose |
|---|
| 34 | 34 | | committee supporting the governor as a candidate or assisting the |
|---|
| 35 | 35 | | governor as an officeholder. An individual who violates this |
|---|
| 36 | 36 | | section is liable in damages to this state in the amount of triple |
|---|
| 37 | 37 | | the amount of contributions in a single year that exceed the limit |
|---|
| 38 | 38 | | prescribed by this subsection. |
|---|
| 39 | 39 | | (d) For purposes of Subsection (b) or (c), a political |
|---|
| 40 | 40 | | contribution made by the spouse or dependent child of an individual |
|---|
| 41 | 41 | | or a political contribution from an organization made in the |
|---|
| 42 | 42 | | individual's name and with the individual's consent is considered |
|---|
| 43 | 43 | | to be a contribution made by the individual. |
|---|
| 44 | 44 | | (e) Before taking office, an individual appointed by the |
|---|
| 45 | 45 | | governor must sign an attestation that during the year preceding |
|---|
| 46 | 46 | | the appointment the individual, the individual's spouse or |
|---|
| 47 | 47 | | dependent child, and an organization in the individual's name and |
|---|
| 48 | 48 | | with the individual's consent did not make political contributions |
|---|
| 49 | 49 | | exceeding $2,500 to the governor or a specific-purpose committee |
|---|
| 50 | 50 | | supporting the governor as a candidate or assisting the governor as |
|---|
| 51 | 51 | | an officeholder. |
|---|
| 52 | 52 | | (f) Before taking office, an individual appointed by the |
|---|
| 53 | 53 | | governor must sign an attestation that the individual or a business |
|---|
| 54 | 54 | | entity acting at the direction of the individual will not |
|---|
| 55 | 55 | | compensate a person required to register as a lobbyist under |
|---|
| 56 | 56 | | Chapter 305 for communicating directly with a member of the |
|---|
| 57 | 57 | | legislative or executive branch on a matter affecting the officer's |
|---|
| 58 | 58 | | state agency and will comply with any political contribution limits |
|---|
| 59 | 59 | | under Subsection (b). An individual appointed by the governor who |
|---|
| 60 | 60 | | or a business entity acting at the direction of the individual that |
|---|
| 61 | 61 | | violates an attestation under this subsection, or a person required |
|---|
| 62 | 62 | | to register as a lobbyist under Chapter 305 who accepts |
|---|
| 63 | 63 | | compensation made in violation of an attestation under this |
|---|
| 64 | 64 | | subsection, commits an offense. An offense under this subsection |
|---|
| 65 | 65 | | is a Class A misdemeanor. |
|---|
| 66 | 66 | | SECTION 2. Section 601.012, Government Code, as added by |
|---|
| 67 | 67 | | this Act, applies to an appointment made on or after the effective |
|---|
| 68 | 68 | | date of this Act. |
|---|
| 69 | 69 | | SECTION 3. This Act takes effect December 1, 2017. |
|---|