Texas 2019 - 86th Regular

Texas House Bill HB1876 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R9637 JG-D
2	2	By: Davis of Harris H.B. No. 1876
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the ethics of public servants, including regulations
8	8	related to certain political contributions, lobbying activities,
9	9	reports, and disclosures; creating criminal offenses.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. The heading to Section 253.034, Election Code,
12	12	is amended to read as follows:
13	13	Sec. 253.034. RESTRICTIONS ON CONTRIBUTIONS BEFORE,
14	14	DURING, AND FOLLOWING [REGULAR] LEGISLATIVE SESSION.
15	15	SECTION 2. Section 253.034, Election Code, is amended by
16	16	adding Subsections (a-1) and (a-2) and amending Subsections (b) and
17	17	(c) to read as follows:
18	18	(a-1) During the period beginning on the date the governor
19	19	issues a proclamation calling a special legislative session and
20	20	continuing through the date of final adjournment of the special
21	21	legislative session, a person may not knowingly make a political
22	22	contribution to:
23	23	(1) a statewide officeholder other than the governor;
24	24	(2) a member of the legislature; or
25	25	(3) a specific-purpose committee for supporting,
26	26	opposing, or assisting a statewide officeholder other than the
27	27	governor or a member of the legislature.
28	28	(a-2) During the period beginning on the date the governor
29	29	issues a proclamation calling a special legislative session and
30	30	continuing through the 20th day after the date of final adjournment
31	31	of the special legislative session, a person may not knowingly make
32	32	a political contribution to the governor or a specific-purpose
33	33	committee for supporting, opposing, or assisting the governor.
34	34	(b) A statewide officeholder, a member of the legislature,
35	35	or a specific-purpose committee for supporting, opposing, or
36	36	assisting a statewide officeholder or member of the legislature may
37	37	not knowingly accept a political contribution, and shall refuse a
38	38	political contribution that is received, during an applicable [the]
39	39	period prescribed by Subsection (a), (a-1), or (a-2). A political
40	40	contribution that is received and refused during that period shall
41	41	be returned to the contributor not later than the 30th day after the
42	42	date of receipt. A contribution made by United States mail or by
43	43	common or contract carrier is not considered received during that
44	44	period if it was properly addressed and placed with postage or
45	45	carrier charges prepaid or prearranged in the mail or delivered to
46	46	the contract carrier before the beginning of the period. The date
47	47	indicated by the post office cancellation mark or the common or
48	48	contract carrier documents is considered to be the date the
49	49	contribution was placed in the mail or delivered to the common or
50	50	contract carrier unless proven otherwise.
51	51	(c) This section does not apply to a political contribution
52	52	that was made and accepted with the intent that it be used:
53	53	(1) in an election held or ordered during a [the]
54	54	period prescribed by Subsection (a), (a-1), or (a-2) in which the
55	55	person accepting the contribution is a candidate if the
56	56	contribution was made after the person appointed a campaign
57	57	treasurer with the appropriate authority and before the person was
58	58	sworn in for that office;
59	59	(2) to defray expenses incurred in connection with an
60	60	election contest; or
61	61	(3) by a person who holds a state office or a member of
62	62	the legislature if the person or member was defeated at the general
63	63	election held immediately before the session is convened or by a
64	64	specific-purpose political committee that supports or assists only
65	65	that person or member.
66	66	SECTION 3. Section 254.036(a), Election Code, is amended to
67	67	read as follows:
68	68	(a) Each report filed under this chapter with an authority
69	69	other than the commission must be in a format prescribed by the
70	70	commission. A report filed with the commission that is not required
71	71	to be filed by computer diskette, modem, or other means of
72	72	electronic transfer must be on a form prescribed by the commission
73	73	and written in black or blue ink or typed with black or blue
74	74	typewriter ribbon or, if the report is a computer printout, the
75	75	printout must conform to the same format and paper size as the form
76	76	prescribed by the commission.
77	77	SECTION 4. Section 571.061(a), Government Code, is amended
78	78	to read as follows:
79	79	(a) The commission shall administer and enforce:
80	80	(1) Chapters 302, 303, 305, 572, 576, and 2004;
81	81	(2) Subchapter C, Chapter 159, Local Government Code,
82	82	in connection with a county judicial officer, as defined by Section
83	83	159.051, Local Government Code, who elects to file a financial
84	84	statement with the commission;
85	85	(3) Title 15, Election Code; and
86	86	(4) Sections 2152.064 and 2155.003.
87	87	SECTION 5. Section 571.077, Government Code, is amended by
88	88	adding Subsection (d) to read as follows:
89	89	(d) A person filing by nonelectronic means a statement,
90	90	registration, or report with the commission may use an unsworn
91	91	declaration in the format prescribed by Section 132.001, Civil
92	92	Practice and Remedies Code, instead of an affidavit of
93	93	verification.
94	94	SECTION 6. Subchapter C, Chapter 572, Government Code, is
95	95	amended by adding Section 572.062 to read as follows:
96	96	Sec. 572.062. FORMER LEGISLATOR OR STATEWIDE OFFICEHOLDER:
97	97	LOBBYING RESTRICTED; CRIMINAL OFFENSE. (a) In this section,
98	98	"administrative action," "communicates directly with,"
99	99	"legislation," "member of the executive branch," and "member of the
100	100	legislative branch" have the meanings assigned by Section 305.002.
101	101	(b) Except as provided by Subsection (c), a person who is a
102	102	former member of the legislature or a former holder of an office
103	103	normally filled by statewide election may not engage in activities
104	104	that require registration under Chapter 305 before the first
105	105	anniversary of the first day of the first regular legislative
106	106	session to convene after the date the person ceases to be a member
107	107	of the legislature or statewide officeholder, as applicable.
108	108	(c) Subsection (b) does not apply to a person who:
109	109	(1) communicates directly with a member of the
110	110	legislative or executive branch to influence legislation or
111	111	administrative action; and
112	112	(2) does not receive compensation other than
113	113	reimbursement for actual expenses for a communication described by
114	114	Subdivision (1).
115	115	(d) A person who violates this section commits an offense.
116	116	An offense under this section is a Class B misdemeanor.
117	117	SECTION 7. Subtitle B, Title 5, Government Code, is amended
118	118	by adding Chapter 576 to read as follows:
119	119	CHAPTER 576. CONFLICT OF INTEREST OF STATE AGENCY GOVERNING BOARD
120	120	MEMBER OR OFFICER
121	121	Sec. 576.001. DEFINITIONS. In this chapter:
122	122	(1) "Conflict of interest" means the conflict between
123	123	an official decision made by a state agency governing board member
124	124	or governing officer in the individual's official capacity and the
125	125	individual's private financial interest in which the individual
126	126	realizes any pecuniary gain.
127	127	(2) "Financial interest" means ownership or control,
128	128	directly or indirectly, of an ownership interest of at least five
129	129	percent in a person, including the right to share in profits,
130	130	proceeds, or capital gains, or an ownership interest that an
131	131	individual could reasonably foresee could result in any financial
132	132	benefit to the individual. The term does not include an interest in
133	133	a retirement plan, a blind trust, insurance coverage, or capital
134	134	gains.
135	135	(3) "State agency" means a board, commission, council,
136	136	committee, department, office, agency, or other governmental
137	137	entity in the executive branch of state government.
138	138	Sec. 576.002. DUTY TO DISCLOSE AND REFRAIN FROM
139	139	PARTICIPATION. (a) Except as provided by Subsection (b) or (c), in
140	140	each matter before the governing board of a state agency or, if the
141	141	agency is not governed by a multimember governing board, the
142	142	officer who governs the agency, for which a member of the board or
143	143	officer, as applicable, has a conflict of interest, the individual:
144	144	(1) shall disclose in writing the conflict of interest
145	145	to the agency; and
146	146	(2) may not participate in the decision on the matter.
147	147	(b) If a majority of the members of the governing board of a
148	148	state agency has a conflict of interest related to a matter before
149	149	the board or, if the agency is not governed by a multimember
150	150	governing board, the officer who governs the agency has a conflict
151	151	of interest on the matter, the board or officer may decide the
152	152	matter only if:
153	153	(1) each member, or the officer, as applicable, who
154	154	has a conflict of interest discloses in writing the conflict of
155	155	interest to the agency; and
156	156	(2) the board, or officer, as applicable, makes a
157	157	finding that an emergency exists that requires a decision on the
158	158	matter despite the conflict of interest.
159	159	(c) The duty to disclose a conflict of interest and refrain
160	160	from participation in the decision on a matter for a member of the
161	161	governing board of an institution of higher education, as those
162	162	terms are defined by Section 61.003, Education Code, is governed by
163	163	Section 51.923, Education Code.
164	164	Sec. 576.003. PUBLIC INFORMATION. A written disclosure
165	165	made under Section 576.002 is public information.
166	166	Sec. 576.004. REPORT TO TEXAS ETHICS COMMISSION; RULES.
167	167	(a) A state agency that receives a written disclosure under Section
168	168	576.002 shall file a copy of the disclosure with the Texas Ethics
169	169	Commission.
170	170	(b) The Texas Ethics Commission may adopt the rules
171	171	necessary to implement this chapter, including rules on the
172	172	disclosure to be filed with the commission under Subsection (a).
173	173	Sec. 576.005. CRIMINAL PENALTY. (a) An individual commits
174	174	an offense if the individual knowingly fails to comply with Section
175	175	576.002.
176	176	(b) An offense under this section is a Class B misdemeanor.
177	177	SECTION 8. Section 253.034, Election Code, as amended by
178	178	this Act, applies only to a political contribution made on or after
179	179	the effective date of this Act. A political contribution made
180	180	before the effective date of this Act is governed by the law in
181	181	effect on the date the contribution was made, and the former law is
182	182	continued in effect for that purpose.
183	183	SECTION 9. Section 571.077(d), Government Code, as added by
184	184	this Act, applies only to a statement, registration, or report
185	185	required to be filed with the Texas Ethics Commission that is due on
186	186	or after the effective date of this Act or that is due before the
187	187	effective date of this Act but is filed after the effective date of
188	188	this Act.
189	189	SECTION 10. Section 572.062, Government Code, as added by
190	190	this Act, applies only to a member of the legislature or statewide
191	191	officeholder who ceases to hold office on or after the effective
192	192	date of this Act.
193	193	SECTION 11. This Act takes effect September 1, 2019.