Texas 2025 - 89th Regular

Texas Senate Bill SB345 Compare Versions

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11 89R4305 CJD-F
22 By: Eckhardt S.B. No. 345
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77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to the prohibition on lobbying by certain elected
1010 officers.
1111 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1212 SECTION 1. Section 141.001, Election Code, is amended by
1313 amending Subsection (a) and adding Subsections (e) and (f) to read
1414 as follows:
1515 (a) To be eligible to be a candidate for, or elected or
1616 appointed to, a public elective office in this state, a person must:
1717 (1) be a United States citizen;
1818 (2) be 18 years of age or older on the first day of the
1919 term to be filled at the election or on the date of appointment, as
2020 applicable;
2121 (3) have not been determined by a final judgment of a
2222 court exercising probate jurisdiction to be:
2323 (A) totally mentally incapacitated; or
2424 (B) partially mentally incapacitated without the
2525 right to vote;
2626 (4) have not been finally convicted of a felony from
2727 which the person has not been pardoned or otherwise released from
2828 the resulting disabilities;
2929 (5) have resided continuously in the state for 12
3030 months and in the territory from which the office is elected for six
3131 months immediately preceding the following date:
3232 (A) for a candidate whose name is to appear on a
3333 general primary election ballot, the date of the regular filing
3434 deadline for a candidate's application for a place on the ballot;
3535 (B) for an independent candidate, the date of the
3636 regular filing deadline for a candidate's application for a place
3737 on the ballot;
3838 (C) for a write-in candidate, the date of the
3939 election at which the candidate's name is written in;
4040 (D) for a party nominee who is nominated by any
4141 method other than by primary election, the date the nomination is
4242 made; and
4343 (E) for an appointee to an office, the date the
4444 appointment is made;
4545 (6) on the date described by Subdivision (5), be
4646 registered to vote in the territory from which the office is
4747 elected; [and]
4848 (7) not be required to register as a lobbyist under
4949 Chapter 305, Government Code; and
5050 (8) satisfy any other eligibility requirements
5151 prescribed by law for the office.
5252 (e) Subsection (a)(7) does not apply to:
5353 (1) an office of a political subdivision with a
5454 population of 150,000 or less, other than the office of presiding
5555 officer of the governing body of the political subdivision,
5656 provided that the officeholder does not receive a salary or wage for
5757 that office; or
5858 (2) the office of the presiding officer of the
5959 governing body of a political subdivision with a population of
6060 50,000 or less, provided that the presiding officer does not
6161 receive a salary or wage for that office.
6262 (f) For purposes of Subsection (e), a presiding officer or
6363 other officeholder is not considered to have received a salary or
6464 wage if the officeholder refuses to accept a salary or wage offered
6565 or budgeted for that office.
6666 SECTION 2. Subchapter A, Chapter 305, Government Code, is
6767 amended by adding Section 305.0031 to read as follows:
6868 Sec. 305.0031. REGISTRATION BY CERTAIN ELECTED OFFICERS
6969 PROHIBITED. (a) An individual may not register under this chapter
7070 if the individual is a:
7171 (1) member of Congress;
7272 (2) member of the legislature; or
7373 (3) statewide officeholder.
7474 (b) An individual's registration under this chapter expires
7575 on the date the individual takes an office described by Subsection
7676 (a).
7777 SECTION 3. Chapter 601, Government Code, is amended by
7878 adding Section 601.010 to read as follows:
7979 Sec. 601.010. REGISTRATION AS LOBBYIST BY ELECTED OFFICER
8080 PROHIBITED. (a) An individual may not qualify for a public
8181 elective office if the individual is required to register as a
8282 lobbyist under Chapter 305.
8383 (b) Subsection (a) does not apply to:
8484 (1) an office for which the federal or state
8585 constitution prescribes exclusive qualification requirements;
8686 (2) an office of a political subdivision with a
8787 population of 150,000 or less, other than the office of presiding
8888 officer of the governing body of the political subdivision,
8989 provided that the officeholder does not receive a salary or wage for
9090 that office; or
9191 (3) the office of the presiding officer of the
9292 governing body of a political subdivision with a population of
9393 50,000 or less, provided that the presiding officer does not
9494 receive a salary or wage for that office.
9595 (c) For purposes of Subsection (b), a presiding officer or
9696 other officeholder is not considered to have received a salary or
9797 wage if the officeholder refuses to accept a salary or wage offered
9898 or budgeted for that office.
9999 SECTION 4. Section 141.001(a), Election Code, as amended by
100100 this Act, and Section 601.010, Government Code, as added by this
101101 Act, apply only to the eligibility and qualification requirements
102102 for a candidate or officer whose term of office will begin on or
103103 after the effective date of this Act. The eligibility and
104104 qualification requirements for a candidate or officer whose term of
105105 office will begin before the effective date of this Act are governed
106106 by the law in effect immediately before the effective date of this
107107 Act, and the former law is continued in effect for that purpose.
108108 SECTION 5. This Act takes effect January 12, 2027.