89R9335 CJD-D
By: Talarico H.B. No. 5298
A BILL TO BE ENTITLED
AN ACT
relating to restrictions on certain contributions and lobbyist
compensation by persons appointed to public office by the governor;
creating a criminal offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 601, Government Code, is amended by
adding Section 601.010 to read as follows:
Sec. 601.010. CERTAIN DONORS INELIGIBLE FOR GUBERNATORIAL
APPOINTMENTS; CONTRIBUTIONS AND LOBBYIST COMPENSATION BY
GUBERNATORIAL APPOINTEES RESTRICTED; CRIMINAL OFFENSE. (a) In
this section:
(1) "Communicates directly with," "matter," "member
of the executive branch," and "member of the legislative branch"
have the meanings assigned by Section 305.002.
(2) "Political contribution" and "specific-purpose
committee" have the meanings assigned by Section 251.001, Election
Code.
(b) An individual is ineligible to serve as an officer
appointed by the governor if during the year preceding the date of
appointment the individual made political contributions that in the
aggregate exceeded $2,500 to:
(1) the governor; or
(2) a specific-purpose committee supporting the
governor as a candidate or assisting the governor as an
officeholder.
(c) An individual serving as an officer appointed by the
governor may not during any single year in which the individual
serves in that office make political contributions that in the
aggregate exceed $2,500 to:
(1) the governor; or
(2) a specific-purpose committee supporting the
governor as a candidate or assisting the governor as an
officeholder.
(d) For purposes of Subsection (b) and (c), a political
contribution made by the spouse or dependent child of an individual
or a political contribution from an organization made in the
individual's name and with the individual's consent is considered
to be a contribution made by the individual.
(e) An individual who violates Subsection (b) or (c) is
liable for damages to this state in an amount equal to three times
the amount of the contributions made in violation of those
subsections.
(f) Before taking office, an individual appointed by the
governor must sign an attestation that during the year preceding
the appointment the individual, the individual's spouse or
dependent child, or an organization in the individual's name and
with the individual's consent did not make political contributions
exceeding $2,500 to the governor or a specific-purpose committee
supporting the governor as a candidate or assisting the governor as
an officeholder.
(g) Before taking office, an individual appointed by the
governor must sign an attestation that the individual or a business
entity acting at the direction of the individual will not
compensate a person required to register as a lobbyist under
Chapter 305 for communicating directly with a member of the
legislative or executive branch on a matter affecting the
individual's state agency and will comply with any political
contribution limits under Subsection (b). An individual appointed
by the governor who violates an attestation under this subsection,
a business entity acting at the direction of the individual that
violates an attestation under this subsection, or a person required
to register as a lobbyist under Chapter 305 who accepts
compensation made in violation of an attestation under this
subsection commits an offense. An offense under this subsection is
a Class A misdemeanor.
SECTION 2. Section 601.010, Government Code, as added by
this Act, applies only to an appointment made on or after the
effective date of this Act.
SECTION 3. This Act takes effect September 1, 2025.