86R9637 JG-D
By: Davis of Harris H.B. No. 1876
A BILL TO BE ENTITLED
AN ACT
relating to the ethics of public servants, including regulations
related to certain political contributions, lobbying activities,
reports, and disclosures; creating criminal offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 253.034, Election Code,
is amended to read as follows:
Sec. 253.034. RESTRICTIONS ON CONTRIBUTIONS BEFORE,
DURING, AND FOLLOWING [REGULAR] LEGISLATIVE SESSION.
SECTION 2. Section 253.034, Election Code, is amended by
adding Subsections (a-1) and (a-2) and amending Subsections (b) and
(c) to read as follows:
(a-1) During the period beginning on the date the governor
issues a proclamation calling a special legislative session and
continuing through the date of final adjournment of the special
legislative session, a person may not knowingly make a political
contribution to:
(1) a statewide officeholder other than the governor;
(2) a member of the legislature; or
(3) a specific-purpose committee for supporting,
opposing, or assisting a statewide officeholder other than the
governor or a member of the legislature.
(a-2) During the period beginning on the date the governor
issues a proclamation calling a special legislative session and
continuing through the 20th day after the date of final adjournment
of the special legislative session, a person may not knowingly make
a political contribution to the governor or a specific-purpose
committee for supporting, opposing, or assisting the governor.
(b) A statewide officeholder, a member of the legislature,
or a specific-purpose committee for supporting, opposing, or
assisting a statewide officeholder or member of the legislature may
not knowingly accept a political contribution, and shall refuse a
political contribution that is received, during an applicable [the]
period prescribed by Subsection (a), (a-1), or (a-2). A political
contribution that is received and refused during that period shall
be returned to the contributor not later than the 30th day after the
date of receipt. A contribution made by United States mail or by
common or contract carrier is not considered received during that
period if it was properly addressed and placed with postage or
carrier charges prepaid or prearranged in the mail or delivered to
the contract carrier before the beginning of the period. The date
indicated by the post office cancellation mark or the common or
contract carrier documents is considered to be the date the
contribution was placed in the mail or delivered to the common or
contract carrier unless proven otherwise.
(c) This section does not apply to a political contribution
that was made and accepted with the intent that it be used:
(1) in an election held or ordered during a [the]
period prescribed by Subsection (a), (a-1), or (a-2) in which the
person accepting the contribution is a candidate if the
contribution was made after the person appointed a campaign
treasurer with the appropriate authority and before the person was
sworn in for that office;
(2) to defray expenses incurred in connection with an
election contest; or
(3) by a person who holds a state office or a member of
the legislature if the person or member was defeated at the general
election held immediately before the session is convened or by a
specific-purpose political committee that supports or assists only
that person or member.
SECTION 3. Section 254.036(a), Election Code, is amended to
read as follows:
(a) Each report filed under this chapter with an authority
other than the commission must be in a format prescribed by the
commission. A report filed with the commission that is not required
to be filed by computer diskette, modem, or other means of
electronic transfer must be on a form prescribed by the commission
and written in black or blue ink or typed with black or blue
typewriter ribbon or, if the report is a computer printout, the
printout must conform to the same format and paper size as the form
prescribed by the commission.
SECTION 4. Section 571.061(a), Government Code, is amended
to read as follows:
(a) The commission shall administer and enforce:
(1) Chapters 302, 303, 305, 572, 576, and 2004;
(2) Subchapter C, Chapter 159, Local Government Code,
in connection with a county judicial officer, as defined by Section
159.051, Local Government Code, who elects to file a financial
statement with the commission;
(3) Title 15, Election Code; and
(4) Sections 2152.064 and 2155.003.
SECTION 5. Section 571.077, Government Code, is amended by
adding Subsection (d) to read as follows:
(d) A person filing by nonelectronic means a statement,
registration, or report with the commission may use an unsworn
declaration in the format prescribed by Section 132.001, Civil
Practice and Remedies Code, instead of an affidavit of
verification.
SECTION 6. Subchapter C, Chapter 572, Government Code, is
amended by adding Section 572.062 to read as follows:
Sec. 572.062. FORMER LEGISLATOR OR STATEWIDE OFFICEHOLDER:
LOBBYING RESTRICTED; CRIMINAL OFFENSE. (a) In this section,
"administrative action," "communicates directly with,"
"legislation," "member of the executive branch," and "member of the
legislative branch" have the meanings assigned by Section 305.002.
(b) Except as provided by Subsection (c), a person who is a
former member of the legislature or a former holder of an office
normally filled by statewide election may not engage in activities
that require registration under Chapter 305 before the first
anniversary of the first day of the first regular legislative
session to convene after the date the person ceases to be a member
of the legislature or statewide officeholder, as applicable.
(c) Subsection (b) does not apply to a person who:
(1) communicates directly with a member of the
legislative or executive branch to influence legislation or
administrative action; and
(2) does not receive compensation other than
reimbursement for actual expenses for a communication described by
Subdivision (1).
(d) A person who violates this section commits an offense.
An offense under this section is a Class B misdemeanor.
SECTION 7. Subtitle B, Title 5, Government Code, is amended
by adding Chapter 576 to read as follows:
CHAPTER 576. CONFLICT OF INTEREST OF STATE AGENCY GOVERNING BOARD
MEMBER OR OFFICER
Sec. 576.001. DEFINITIONS. In this chapter:
(1) "Conflict of interest" means the conflict between
an official decision made by a state agency governing board member
or governing officer in the individual's official capacity and the
individual's private financial interest in which the individual
realizes any pecuniary gain.
(2) "Financial interest" means ownership or control,
directly or indirectly, of an ownership interest of at least five
percent in a person, including the right to share in profits,
proceeds, or capital gains, or an ownership interest that an
individual could reasonably foresee could result in any financial
benefit to the individual. The term does not include an interest in
a retirement plan, a blind trust, insurance coverage, or capital
gains.
(3) "State agency" means a board, commission, council,
committee, department, office, agency, or other governmental
entity in the executive branch of state government.
Sec. 576.002. DUTY TO DISCLOSE AND REFRAIN FROM
PARTICIPATION. (a) Except as provided by Subsection (b) or (c), in
each matter before the governing board of a state agency or, if the
agency is not governed by a multimember governing board, the
officer who governs the agency, for which a member of the board or
officer, as applicable, has a conflict of interest, the individual:
(1) shall disclose in writing the conflict of interest
to the agency; and
(2) may not participate in the decision on the matter.
(b) If a majority of the members of the governing board of a
state agency has a conflict of interest related to a matter before
the board or, if the agency is not governed by a multimember
governing board, the officer who governs the agency has a conflict
of interest on the matter, the board or officer may decide the
matter only if:
(1) each member, or the officer, as applicable, who
has a conflict of interest discloses in writing the conflict of
interest to the agency; and
(2) the board, or officer, as applicable, makes a
finding that an emergency exists that requires a decision on the
matter despite the conflict of interest.
(c) The duty to disclose a conflict of interest and refrain
from participation in the decision on a matter for a member of the
governing board of an institution of higher education, as those
terms are defined by Section 61.003, Education Code, is governed by
Section 51.923, Education Code.
Sec. 576.003. PUBLIC INFORMATION. A written disclosure
made under Section 576.002 is public information.
Sec. 576.004. REPORT TO TEXAS ETHICS COMMISSION; RULES.
(a) A state agency that receives a written disclosure under Section
576.002 shall file a copy of the disclosure with the Texas Ethics
Commission.
(b) The Texas Ethics Commission may adopt the rules
necessary to implement this chapter, including rules on the
disclosure to be filed with the commission under Subsection (a).
Sec. 576.005. CRIMINAL PENALTY. (a) An individual commits
an offense if the individual knowingly fails to comply with Section
576.002.
(b) An offense under this section is a Class B misdemeanor.
SECTION 8. Section 253.034, Election Code, as amended by
this Act, applies only to a political contribution made on or after
the effective date of this Act. A political contribution made
before the effective date of this Act is governed by the law in
effect on the date the contribution was made, and the former law is
continued in effect for that purpose.
SECTION 9. Section 571.077(d), Government Code, as added by
this Act, applies only to a statement, registration, or report
required to be filed with the Texas Ethics Commission that is due on
or after the effective date of this Act or that is due before the
effective date of this Act but is filed after the effective date of
this Act.
SECTION 10. Section 572.062, Government Code, as added by
this Act, applies only to a member of the legislature or statewide
officeholder who ceases to hold office on or after the effective
date of this Act.
SECTION 11. This Act takes effect September 1, 2019.