Texas 2019 - 86th Regular

Texas House Bill HB2534 Compare Versions

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

Old	New	Differences
1	1	86R4762 BRG-F
2	2	By: Leach H.B. No. 2534
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the prohibition on lobbying by certain elected
8	8	officers.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 141.001, Election Code, is amended by
11	11	amending Subsection (a) and adding Subsections (e) and (f) to read
12	12	as follows:
13	13	(a) To be eligible to be a candidate for, or elected or
14	14	appointed to, a public elective office in this state, a person must:
15	15	(1) be a United States citizen;
16	16	(2) be 18 years of age or older on the first day of the
17	17	term to be filled at the election or on the date of appointment, as
18	18	applicable;
19	19	(3) have not been determined by a final judgment of a
20	20	court exercising probate jurisdiction to be:
21	21	(A) totally mentally incapacitated; or
22	22	(B) partially mentally incapacitated without the
23	23	right to vote;
24	24	(4) have not been finally convicted of a felony from
25	25	which the person has not been pardoned or otherwise released from
26	26	the resulting disabilities;
27	27	(5) have resided continuously in the state for 12
28	28	months and in the territory from which the office is elected for six
29	29	months immediately preceding the following date:
30	30	(A) for a candidate whose name is to appear on a
31	31	general primary election ballot, the date of the regular filing
32	32	deadline for a candidate's application for a place on the ballot;
33	33	(B) for an independent candidate, the date of the
34	34	regular filing deadline for a candidate's application for a place
35	35	on the ballot;
36	36	(C) for a write-in candidate, the date of the
37	37	election at which the candidate's name is written in;
38	38	(D) for a party nominee who is nominated by any
39	39	method other than by primary election, the date the nomination is
40	40	made; and
41	41	(E) for an appointee to an office, the date the
42	42	appointment is made;
43	43	(6) on the date described by Subdivision (5), be
44	44	registered to vote in the territory from which the office is
45	45	elected; [and]
46	46	(7) not be required to be registered as a lobbyist
47	47	under Chapter 305, Government Code; and
48	48	(8) satisfy any other eligibility requirements
49	49	prescribed by law for the office.
50	50	(e) Except as restricted by Section 7.103(c), Education
51	51	Code, if applicable, Subsection (a)(7) does not apply to:
52	52	(1) an office of a political subdivision with a
53	53	population of 150,000 or less, other than the office of presiding
54	54	officer of the governing body of the political subdivision,
55	55	provided that the officeholder does not receive a salary or wage for
56	56	that office; or
57	57	(2) the office of the presiding officer of the
58	58	governing body of a political subdivision with a population of
59	59	50,000 or less, provided that the presiding officer does not
60	60	receive a salary or wage for that office.
61	61	(f) For purposes of Subsection (e), a presiding officer or
62	62	other officeholder is not considered to have received a salary or
63	63	wage if the officeholder refuses to accept a salary or wage offered
64	64	or budgeted for that office.
65	65	SECTION 2. Subchapter A, Chapter 305, Government Code, is
66	66	amended by adding Section 305.0031 to read as follows:
67	67	Sec. 305.0031. CERTAIN ELECTED OFFICERS MAY NOT REGISTER.
68	68	(a) A member of Congress, a member of the legislature, or a holder
69	69	of a statewide office may not register under this chapter.
70	70	(b) A registration under this chapter expires on the date a
71	71	person takes office as a member of Congress, a member of the
72	72	legislature, or a holder of a statewide office.
73	73	SECTION 3. Chapter 601, Government Code, is amended by
74	74	adding Section 601.010 to read as follows:
75	75	Sec. 601.010. ELECTED OFFICER MAY NOT BE REGISTERED
76	76	LOBBYIST. (a) A person may not qualify for a public elective
77	77	office if the person is required to be registered as a lobbyist
78	78	under Chapter 305.
79	79	(b) Except as restricted by Section 7.103(c), Education
80	80	Code, if applicable, Subsection (a) does not apply to:
81	81	(1) an office for which the federal or state
82	82	constitution prescribes exclusive qualification requirements;
83	83	(2) an office of a political subdivision with a
84	84	population of 150,000 or less, other than the office of presiding
85	85	officer of the governing body of the political subdivision,
86	86	provided that the officeholder does not receive a salary or wage for
87	87	that office; or
88	88	(3) the office of the presiding officer of the
89	89	governing body of a political subdivision with a population of
90	90	50,000 or less, provided that the presiding officer does not
91	91	receive a salary or wage for that office.
92	92	(c) For purposes of Subsection (b), a presiding officer or
93	93	other officeholder is not considered to have received a salary or
94	94	wage if the officeholder refuses to accept a salary or wage offered
95	95	or budgeted for that office.
96	96	SECTION 4. Section 141.001(a), Election Code, as amended by
97	97	this Act, and Section 601.010, Government Code, as added by this
98	98	Act, apply only to the eligibility and qualification requirements
99	99	for a candidate or officer whose term of office will begin on or
100	100	after the effective date of this Act. The eligibility and
101	101	qualification requirements for a candidate or officer whose term of
102	102	office will begin before the effective date of this Act are governed
103	103	by the law in effect immediately before the effective date of this
104	104	Act, and the former law is continued in effect for that purpose.
105	105	SECTION 5. This Act takes effect January 12, 2021.