TX
Texas Senate Bill SB13

Texas 2019 - 86th Regular

Texas Senate Bill SB13 Compare Versions

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1-By: Creighton, et al. S.B. No. 13
1+By: Creighton S.B. No. 13
2+ (In the Senate - Filed March 7, 2019; March 11, 2019, read
3+ first time and referred to Committee on State Affairs;
4+ April 17, 2019, reported adversely, with favorable Committee
5+ Substitute by the following vote: Yeas 9, Nays 0; April 17, 2019,
6+ sent to printer.)
7+Click here to see the committee vote
8+ COMMITTEE SUBSTITUTE FOR S.B. No. 13 By: Hughes
29
310
411 A BILL TO BE ENTITLED
512 AN ACT
613 relating to restrictions on lobbying; creating a criminal offense.
714 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8- SECTION 1. Subchapter C, Chapter 572, Government Code, is
15+ SECTION 1. Section 141.001(a), Election Code, is amended to
16+ read as follows:
17+ (a) To be eligible to be a candidate for, or elected or
18+ appointed to, a public elective office in this state, a person must:
19+ (1) be a United States citizen;
20+ (2) be 18 years of age or older on the first day of the
21+ term to be filled at the election or on the date of appointment, as
22+ applicable;
23+ (3) have not been determined by a final judgment of a
24+ court exercising probate jurisdiction to be:
25+ (A) totally mentally incapacitated; or
26+ (B) partially mentally incapacitated without the
27+ right to vote;
28+ (4) have not been finally convicted of a felony from
29+ which the person has not been pardoned or otherwise released from
30+ the resulting disabilities;
31+ (5) have resided continuously in the state for 12
32+ months and in the territory from which the office is elected for six
33+ months immediately preceding the following date:
34+ (A) for a candidate whose name is to appear on a
35+ general primary election ballot, the date of the regular filing
36+ deadline for a candidate's application for a place on the ballot;
37+ (B) for an independent candidate, the date of the
38+ regular filing deadline for a candidate's application for a place
39+ on the ballot;
40+ (C) for a write-in candidate, the date of the
41+ election at which the candidate's name is written in;
42+ (D) for a party nominee who is nominated by any
43+ method other than by primary election, the date the nomination is
44+ made; and
45+ (E) for an appointee to an office, the date the
46+ appointment is made;
47+ (6) on the date described by Subdivision (5), be
48+ registered to vote in the territory from which the office is
49+ elected; [and]
50+ (7) not be required to be registered as a lobbyist
51+ under Chapter 305, Government Code; and
52+ (8) satisfy any other eligibility requirements
53+ prescribed by law for the office.
54+ SECTION 2. Subchapter A, Chapter 305, Government Code, is
55+ amended by adding Section 305.0031 to read as follows:
56+ Sec. 305.0031. CERTAIN ELECTED OFFICERS MAY NOT REGISTER.
57+ (a) A member of Congress, a member of the legislature, or a holder
58+ of a statewide office may not register under this chapter.
59+ (b) A registration under this chapter expires on the date a
60+ person takes office as a member of Congress, a member of the
61+ legislature, or a holder of a statewide office.
62+ SECTION 3. Subchapter C, Chapter 572, Government Code, is
963 amended by adding Section 572.062 to read as follows:
1064 Sec. 572.062. FORMER LEGISLATOR: LOBBYING RESTRICTED;
1165 CRIMINAL OFFENSE. (a) In this section:
1266 (1) "Administrative action," "communicates directly
1367 with," "legislation," "member of the executive branch," and "member
1468 of the legislative branch" have the meanings assigned by Section
1569 305.002.
1670 (2) "Legislative cycle" means the two-year period
1771 beginning on the first day of a regular legislative session and
1872 ending on the day before the first day of the succeeding regular
1973 legislative session.
2074 (b) Except as provided by Subsection (c), a former member of
2175 the legislature may not engage in activities that require
2276 registration under Chapter 305 before the end of the legislative
2377 cycle following the legislative cycle in which the former member
2478 last served as a member of the legislature.
2579 (c) Subsection (b) does not apply to a former member of the
2680 legislature who does not receive compensation other than
2781 reimbursement for actual expenses for communicating directly with a
2882 member of the legislative or executive branch to influence
2983 legislation or administrative action.
3084 (d) A former member of the legislature who violates this
3185 section commits an offense. An offense under this section is a
3286 Class A misdemeanor.
33- SECTION 2. Section 572.062, Government Code, as added by
87+ SECTION 4. Chapter 601, Government Code, is amended by
88+ adding Section 601.010 to read as follows:
89+ Sec. 601.010. ELECTED OFFICER MAY NOT BE REGISTERED
90+ LOBBYIST. (a) A person may not qualify for a public elective
91+ office if the person is required to be registered as a lobbyist
92+ under Chapter 305.
93+ (b) Subsection (a) does not apply to an office for which the
94+ federal or state constitution prescribes exclusive qualification
95+ requirements.
96+ SECTION 5. Section 141.001(a), Election Code, as amended by
97+ this Act, and Section 601.010, Government Code, as added by this
98+ Act, apply only to the eligibility and qualification requirements
99+ for a candidate or officer whose term of office will begin on or
100+ after January 12, 2021. The eligibility and qualification
101+ requirements for a candidate or officer whose term of office will
102+ begin before January 12, 2021, are governed by the law in effect
103+ immediately before January 12, 2021, and that former law is
104+ continued in effect for that purpose.
105+ SECTION 6. Section 572.062, Government Code, as added by
34106 this Act, applies only to a member of the legislature who ceases to
35107 be a member on or after September 1, 2019.
36- SECTION 3. This Act takes effect September 1, 2019.
108+ SECTION 7. (a) Except as provided by Subsection (b) of
109+ this section, this Act takes effect September 1, 2019.
110+ (b) Section 141.001(a), Election Code, as amended by this
111+ Act, and Section 601.010, Government Code, as added by this Act,
112+ take effect January 12, 2021.
113+ * * * * *