86R11595 ATP-D
By: Meza H.B. No. 2141
A BILL TO BE ENTITLED
AN ACT
relating to restrictions on certain contributions by persons
appointed to public office by the governor; creating a criminal
offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 601, Government Code, is amended by
adding Section 601.012 to read as follows:
Sec. 601.012. CERTAIN DONORS INELIGIBLE FOR GUBERNATORIAL
APPOINTMENTS; CONTRIBUTIONS BY GUBERNATORIAL APPOINTEES
RESTRICTED. (a) In this section:
(1) "Communicates directly with," "matter," "member
of the executive branch," and "member of the legislative branch"
have the meanings assigned by Section 305.002.
(2) "Political contribution" and "specific-purpose
committee" have the meanings assigned by Section 251.001, Election
Code.
(b) An individual is ineligible to serve as an officer
appointed by the governor if during the year preceding the date of
appointment the individual made political contributions that in the
aggregate exceeded $2,500 to:
(1) the governor; or
(2) a specific-purpose committee supporting the
governor as a candidate or assisting the governor as an
officeholder.
(c) An individual serving as an officer appointed by the
governor may not during any single year in which the individual
serves in that office make political contributions that in the
aggregate exceed $2,500 to the governor or a specific-purpose
committee supporting the governor as a candidate or assisting the
governor as an officeholder. An individual who violates this
section is liable in damages to this state in the amount of triple
the amount of contributions in a single year that exceed the limit
prescribed by this subsection.
(d) For purposes of Subsection (b) or (c), a political
contribution made by the spouse or dependent child of an individual
or a political contribution from an organization made in the
individual's name and with the individual's consent is considered
to be a contribution made by the individual.
(e) Before taking office, an individual appointed by the
governor must sign an attestation that during the year preceding
the appointment the individual, the individual's spouse or
dependent child, and an organization in the individual's name and
with the individual's consent did not make political contributions
exceeding $2,500 to the governor or a specific-purpose committee
supporting the governor as a candidate or assisting the governor as
an officeholder.
(f) Before taking office, an individual appointed by the
governor must sign an attestation that the individual or a business
entity acting at the direction of the individual will not
compensate a person required to register as a lobbyist under
Chapter 305 for communicating directly with a member of the
legislative or executive branch on a matter affecting the officer's
state agency and will comply with any political contribution limits
under Subsection (b). An individual appointed by the governor who
violates an attestation under this subsection, a business entity
acting at the direction of the individual that violates an
attestation under this subsection, or a person required to register
as a lobbyist under Chapter 305 who accepts compensation made in
violation of an attestation under this subsection commits an
offense. An offense under this subsection is a Class A misdemeanor.
SECTION 2. Section 601.012, Government Code, as added by
this Act, applies to an appointment made on or after the effective
date of this Act.
SECTION 3. This Act takes effect September 1, 2019.