Texas 2023 - 88th Regular

Texas Senate Bill SB215 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1	88R1567 JG-F
2	2	By: Eckhardt S.B. No. 215
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 register as a lobbyist under
47	47	Chapter 305, Government Code; and
48	48	(8) satisfy any other eligibility requirements
49	49	prescribed by law for the office.
50	50	(e) Subsection (a)(7) does not apply to:
51	51	(1) an office of a political subdivision with a
52	52	population of 150,000 or less, other than the office of presiding
53	53	officer of the governing body of the political subdivision,
54	54	provided that the officeholder does not receive a salary or wage for
55	55	that office; or
56	56	(2) the office of the presiding officer of the
57	57	governing body of a political subdivision with a population of
58	58	50,000 or less, provided that the presiding officer does not
59	59	receive a salary or wage for that office.
60	60	(f) For purposes of Subsection (e), a presiding officer or
61	61	other officeholder is not considered to have received a salary or
62	62	wage if the officeholder refuses to accept a salary or wage offered
63	63	or budgeted for that office.
64	64	SECTION 2. Subchapter A, Chapter 305, Government Code, is
65	65	amended by adding Section 305.0031 to read as follows:
66	66	Sec. 305.0031. REGISTRATION BY CERTAIN ELECTED OFFICERS
67	67	PROHIBITED. (a) An individual may not register under this chapter
68	68	if the individual is a:
69	69	(1) member of Congress;
70	70	(2) member of the legislature; or
71	71	(3) statewide officeholder.
72	72	(b) An individual's registration under this chapter expires
73	73	on the date the individual takes an office described by Subsection
74	74	(a).
75	75	SECTION 3. Chapter 601, Government Code, is amended by
76	76	adding Section 601.010 to read as follows:
77	77	Sec. 601.010. REGISTRATION AS LOBBYIST BY ELECTED OFFICER
78	78	PROHIBITED. (a) An individual may not qualify for a public
79	79	elective office if the individual is required to register as a
80	80	lobbyist under Chapter 305.
81	81	(b) Subsection (a) does not apply to:
82	82	(1) an office for which the federal or state
83	83	constitution prescribes exclusive qualification requirements;
84	84	(2) an office of a political subdivision with a
85	85	population of 150,000 or less, other than the office of presiding
86	86	officer of the governing body of the political subdivision,
87	87	provided that the officeholder does not receive a salary or wage for
88	88	that office; or
89	89	(3) the office of the presiding officer of the
90	90	governing body of a political subdivision with a population of
91	91	50,000 or less, provided that the presiding officer does not
92	92	receive a salary or wage for that office.
93	93	(c) For purposes of Subsection (b), a presiding officer or
94	94	other officeholder is not considered to have received a salary or
95	95	wage if the officeholder refuses to accept a salary or wage offered
96	96	or budgeted for that office.
97	97	SECTION 4. Section 141.001(a), Election Code, as amended by
98	98	this Act, and Section 601.010, Government Code, as added by this
99	99	Act, apply only to the eligibility and qualification requirements
100	100	for a candidate or officer whose term of office will begin on or
101	101	after the effective date of this Act. The eligibility and
102	102	qualification requirements for a candidate or officer whose term of
103	103	office will begin before the effective date of this Act are governed
104	104	by the law in effect immediately before the effective date of this
105	105	Act, and the former law is continued in effect for that purpose.
106	106	SECTION 5. This Act takes effect January 14, 2025.