86R13551 PMO-F
By: Davis of Dallas H.B. No. 4321
A BILL TO BE ENTITLED
AN ACT
relating to certain conflicts of interest of the commissioner of
insurance and employees of the Texas Department of Insurance;
requiring registration.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 33, Insurance Code, is amended by adding
Section 33.008 to read as follows:
Sec. 33.008. PROHIBITION AGAINST ACCEPTANCE OF GIFTS,
GRATUITIES, OR OTHER THING OF VALUE; EXCEPTION. (a) Except as
provided by Subsections (b) and (d), the commissioner or an
employee of the department may not accept a gift, gratuity, or other
thing of value, including transportation and travel expenses, from
a person who:
(1) is employed by or participates in the management
of an entity or other organization that is regulated by the
department;
(2) owns or controls, directly or indirectly, more
than a 10 percent interest of a business entity or other
organization that is regulated by the department;
(3) is related within the second degree of
consanguinity to a person described by Subdivision (1) or (2); or
(4) is an agent, representative, attorney, employee,
officer, owner, director, or partner of an entity, organization, or
person described by Subdivision (1), (2), or (3).
(b) Notwithstanding any other law, the commissioner or an
employee of the department may accept from a person described by
Subsection (a)(1), (2), or (4) a gift, gratuity, or other thing of
value if:
(1) the person is registered under Chapter 305,
Government Code;
(2) the gift, gratuity, or other thing of value has a
value of $50 or less;
(3) the registrant states, on the registrant's report
under Section 305.006, Government Code:
(A) that the gift, gratuity, or other thing of
value was given by or on behalf of the registrant to the
commissioner or the employee of the department;
(B) a general description of the gift, gratuity,
or other thing of value; and
(C) the amount of the expenditure by appropriate
category of amount, as determined by the Texas Ethics Commission;
and
(4) the gift, gratuity, or other thing of value does
not violate Section 36.08 or 36.09, Penal Code, as described by
Section 36.10, Penal Code.
(c) Notwithstanding Section 305.003, Government Code, a
person described by Subsection (a)(1), (2), or (4) shall register
with the Texas Ethics Commission under Chapter 305, Government
Code, if the person gives to the commissioner or an employee of the
department a gift, gratuity, or other thing of value the value of
which is $50 or less.
(d) The commissioner or an employee of the department may
not accept from a person described by Subsection (a)(1), (2), or (4)
gifts, gratuities, or other things of value the aggregate value of
which exceeds $2,000 during a calendar year.
SECTION 2. Section 33.008, Insurance Code, as added by this
Act, applies only to a gift, gratuity, or thing of value accepted or
given on or after the effective date of this Act.
SECTION 3. This Act takes effect September 1, 2019.