| 1 | 1 | | 88R2898 CJD-D |
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| 2 | 2 | | By: Meza H.B. No. 489 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to restrictions on certain contributions and lobbyist |
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| 8 | 8 | | compensation by persons appointed to public office by the governor; |
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| 9 | 9 | | creating a criminal offense. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Chapter 601, Government Code, is amended by |
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| 12 | 12 | | adding Section 601.010 to read as follows: |
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| 13 | 13 | | Sec. 601.010. CERTAIN DONORS INELIGIBLE FOR GUBERNATORIAL |
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| 14 | 14 | | APPOINTMENTS; CONTRIBUTIONS AND LOBBYIST COMPENSATION BY |
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| 15 | 15 | | GUBERNATORIAL APPOINTEES RESTRICTED; OFFENSE. (a) In this |
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| 16 | 16 | | section: |
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| 17 | 17 | | (1) "Communicates directly with," "matter," "member |
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| 18 | 18 | | of the executive branch," and "member of the legislative branch" |
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| 19 | 19 | | have the meanings assigned by Section 305.002. |
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| 20 | 20 | | (2) "Political contribution" and "specific-purpose |
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| 21 | 21 | | committee" have the meanings assigned by Section 251.001, Election |
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| 22 | 22 | | Code. |
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| 23 | 23 | | (b) An individual is ineligible to serve as an officer |
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| 24 | 24 | | appointed by the governor if during the year preceding the date of |
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| 25 | 25 | | appointment the individual made political contributions that in the |
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| 26 | 26 | | aggregate exceeded $2,500 to: |
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| 27 | 27 | | (1) the governor; or |
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| 28 | 28 | | (2) a specific-purpose committee supporting the |
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| 29 | 29 | | governor as a candidate or assisting the governor as an |
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| 30 | 30 | | officeholder. |
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| 31 | 31 | | (c) An individual serving as an officer appointed by the |
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| 32 | 32 | | governor may not during any single year in which the individual |
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| 33 | 33 | | serves in that office make political contributions that in the |
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| 34 | 34 | | aggregate exceed $2,500 to the governor or a specific-purpose |
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| 35 | 35 | | committee supporting the governor as a candidate or assisting the |
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| 36 | 36 | | governor as an officeholder. An individual who violates this |
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| 37 | 37 | | subsection is liable in damages to this state in the amount of |
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| 38 | 38 | | triple the amount of contributions made in a single year that exceed |
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| 39 | 39 | | the limit prescribed by this subsection. |
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| 40 | 40 | | (d) For purposes of Subsection (b) or (c), a political |
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| 41 | 41 | | contribution made by the spouse or dependent child of an individual |
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| 42 | 42 | | or a political contribution from an organization made in the |
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| 43 | 43 | | individual's name and with the individual's consent is considered |
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| 44 | 44 | | to be a contribution made by the individual. |
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| 45 | 45 | | (e) Before taking office, an individual appointed by the |
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| 46 | 46 | | governor must sign an attestation that during the year preceding |
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| 47 | 47 | | the appointment the individual, the individual's spouse or |
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| 48 | 48 | | dependent child, or an organization in the individual's name and |
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| 49 | 49 | | with the individual's consent did not make political contributions |
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| 50 | 50 | | exceeding $2,500 to the governor or a specific-purpose committee |
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| 51 | 51 | | supporting the governor as a candidate or assisting the governor as |
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| 52 | 52 | | an officeholder. |
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| 53 | 53 | | (f) Before taking office, an individual appointed by the |
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| 54 | 54 | | governor must sign an attestation that the individual or a business |
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| 55 | 55 | | entity acting at the direction of the individual will not |
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| 56 | 56 | | compensate a person required to register as a lobbyist under |
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| 57 | 57 | | Chapter 305 for communicating directly with a member of the |
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| 58 | 58 | | legislative or executive branch on a matter affecting the |
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| 59 | 59 | | individual's state agency and will comply with any political |
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| 60 | 60 | | contribution limits under Subsection (b). An individual appointed |
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| 61 | 61 | | by the governor who violates an attestation under this subsection, |
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| 62 | 62 | | a business entity acting at the direction of the individual that |
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| 63 | 63 | | violates an attestation under this subsection, or a person required |
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| 64 | 64 | | to register as a lobbyist under Chapter 305 who accepts |
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| 65 | 65 | | compensation made in violation of an attestation under this |
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| 66 | 66 | | subsection commits an offense. An offense under this subsection is |
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| 67 | 67 | | a Class A misdemeanor. |
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| 68 | 68 | | SECTION 2. Section 601.010, Government Code, as added by |
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| 69 | 69 | | this Act, applies only to an appointment made on or after the |
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| 70 | 70 | | effective date of this Act. |
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| 71 | 71 | | SECTION 3. This Act takes effect September 1, 2023. |
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