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A BILL TO BE ENTITLED
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AN ACT
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relating to the retention of unexpended political contributions by |
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and certain activities and benefits of certain public servants, |
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including current and former members of the legislature. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter H, Chapter 254, Election Code, is |
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amended by adding Section 254.2031 to read as follows: |
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Sec. 254.2031. RETENTION OF CONTRIBUTIONS BY LOBBYISTS. A |
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person who is required to register under Chapter 305, Government |
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Code, may not retain political contributions covered by this title, |
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assets purchased with the contributions, or interest and other |
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income earned on the contributions for more than 30 days after the |
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date the person files a registration with the commission under |
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Section 305.005, Government Code. |
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SECTION 2. Section 254.204(a), Election Code, is amended to |
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read as follows: |
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(a) At the end of the six-year period prescribed by Section |
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254.203 or the 30-day period prescribed by Section 254.2031, the |
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former officeholder or candidate shall remit any unexpended |
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political contributions to one or more of the following: |
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(1) the political party with which the person was |
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affiliated when the person's name last appeared on a ballot; |
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(2) a candidate or political committee; |
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(3) the comptroller for deposit in the state treasury; |
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(4) one or more persons from whom political |
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contributions were received, in accordance with Subsection (d); |
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(5) a recognized charitable organization formed for |
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educational, religious, or scientific purposes that is exempt from |
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taxation under Section 501(c)(3), Internal Revenue Code of 1986, |
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and its subsequent amendments; or |
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(6) a public or private postsecondary educational |
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institution or an institution of higher education as defined by |
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Section 61.003(8), Education Code, solely for the purpose of |
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assisting or creating a scholarship program. |
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SECTION 3. Section 254.205(a), Election Code, is amended to |
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read as follows: |
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(a) Not later than the 30th day after the date the six-year |
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period prescribed by Section 254.203 ends or the 30-day period |
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prescribed by Section 254.2031 ends, the person required to dispose |
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of unexpended political contributions shall file a report of the |
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disposition. |
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SECTION 4. Section 572.021, Government Code, is amended to |
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read as follows: |
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Sec. 572.021. FINANCIAL STATEMENT REQUIRED. Except as |
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provided by Section 572.0211, a state officer, a partisan or |
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independent candidate for an office as an elected officer, and a |
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state party chair shall file with the commission a verified |
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financial statement complying with Sections 572.022 through |
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572.0254 [572.0252]. |
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SECTION 5. Subchapter B, Chapter 572, Government Code, is |
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amended by adding Section 572.0254 to read as follows: |
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Sec. 572.0254. INFORMATION ABOUT BENEFICIAL LAWS. (a) A |
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member of the legislature or a person who holds a statewide elected |
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office shall report on the financial statement each law that was |
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enacted by the legislature during the preceding calendar year that |
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directly benefited a specific transaction of a business entity in |
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which the member or officeholder, the member's or officeholder's |
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spouse, or a person related to the member or officeholder within the |
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first degree by consanguinity has a controlling interest. |
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(b) In this section, "controlling interest" has the meaning |
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assigned by Section 572.053(b). |
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SECTION 6. Subchapter C, Chapter 572, Government Code, is |
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amended by adding Sections 572.064, 572.065, 572.066, 572.067, and |
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572.068 to read as follows: |
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Sec. 572.064. CURRENT AND FORMER LEGISLATORS AND STATEWIDE |
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ELECTED OFFICEHOLDERS: CERTAIN EMPLOYMENT AND CONTRACTING |
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PROHIBITED. (a) A member of the legislature, a person who holds a |
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statewide elected office, or a business entity in which a member of |
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the legislature or a person who holds a statewide elected office has |
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a controlling interest may not employ or contract with another |
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person who is a member of the legislature or who holds a statewide |
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elected office or another business entity in which a member of the |
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legislature or a person who holds a statewide elected office has a |
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controlling interest. |
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(b) A former member of the legislature, a person who |
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formerly held a statewide elected office, or a business entity in |
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which a former member of the legislature or a person who formerly |
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held a statewide elected office has a controlling interest may not, |
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before the second anniversary of the date the last term for which |
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the former member or officeholder was elected or appointed ends, |
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employ or contract with a member of the legislature, a person who |
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holds a statewide elected office, or a business entity in which a |
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member of the legislature or a person who holds a statewide elected |
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office has a controlling interest. |
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(c) In this section, "controlling interest" has the meaning |
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assigned by Section 572.053(b). |
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Sec. 572.065. CURRENT AND FORMER LEGISLATORS AND STATEWIDE |
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ELECTED OFFICEHOLDERS: CERTAIN REPRESENTATION PROHIBITED. |
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(a) Except as provided by Subsection (c), a member of the |
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legislature or a person who holds a statewide elected office may not |
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represent for a fee or compensation or the promise of a fee or |
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compensation a department, commission, board, office, or other |
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agency in the legislative, executive, or judicial branch of state |
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government, a university system or an institution of higher |
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education as defined by Section 61.003, Education Code, a county, a |
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municipality, a public school district, any other political |
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subdivision of this state, or the federal government. |
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(b) A former member of the legislature or a person who |
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formerly held a statewide elected office may not, before the second |
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anniversary of the date the last term for which the former member or |
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officeholder was elected or appointed ends, represent for a fee or |
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compensation or the promise of a fee or compensation a department, |
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commission, board, office, or other agency in the legislative, |
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executive, or judicial branch of state government, a university |
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system or an institution of higher education as defined by Section |
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61.003, Education Code, a county, a municipality, a public school |
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district, any other political subdivision of this state, or the |
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federal government. |
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(c) The prohibition in Subsection (a) does not apply to any |
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representation by a member of the legislature or person who holds a |
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statewide elected office who is acting in the member's or |
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officeholder's official capacity. |
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Sec. 572.066. FORMER LEGISLATOR OR FORMER STATEWIDE ELECTED |
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OFFICEHOLDER: LOBBYING PROHIBITED. A former member of the |
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legislature or a person who formerly held a statewide elected |
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office may not, before the second anniversary of the first day of |
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the month following the date the last term for which the former |
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member or officeholder was elected or appointed ends, engage in |
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activities that require registration under Chapter 305. |
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Sec. 572.067. FORMER LEGISLATOR OR FORMER STATEWIDE ELECTED |
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OFFICEHOLDER: CERTAIN EMPLOYMENT PROHIBITED. A former member of |
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the legislature or a person who formerly held a statewide elected |
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office may not, before the second anniversary of the date the last |
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term for which the former member or officeholder was elected or |
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appointed ends, be employed by a department, commission, board, |
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office, or other agency in the legislative, executive, or judicial |
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branch of state government, a university system or an institution |
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of higher education as defined by Section 61.003, Education Code, a |
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county, a municipality, a public school district, any other |
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political subdivision of this state, or the federal government. |
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SECTION 7. Section 814.103, Government Code, is amended by |
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amending Subsection (a) and adding Subsection (c) to read as |
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follows: |
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(a) Except as provided by Subsections [Subsection] (b) and |
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(c), the standard service retirement annuity for service credited |
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in the elected class of membership is an amount equal to the number |
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of years of service credit in that class, times two percent of the |
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state salary, excluding longevity pay payable under Section |
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659.0445 and as adjusted from time to time, being paid a district |
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judge. |
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(c) The standard service retirement annuity for a person who |
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is first eligible to become a member of the elected class on or |
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after September 1, 2015, is an amount equal to the number of years |
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of service credit in that class, not to exceed 12 years of service |
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credit, times two percent of $125,000. |
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SECTION 8. Section 254.2031, Election Code, as added by |
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this Act, applies only to a lobbyist who files a registration or |
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renewal with the Texas Ethics Commission under Section 305.005, |
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Government Code, on or after December 1, 2015. |
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SECTION 9. Sections 571.021 and 572.023, Government Code, |
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as amended by this Act, and Section 572.0254, Government Code, as |
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added by this Act, apply only to a financial statement filed under |
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Subchapter B, Chapter 572, Government Code, on or after January 1, |
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2017. A financial statement filed before January 1, 2017, is |
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governed by the law in effect on the date of filing, and the former |
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law is continued in effect for that purpose. |
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SECTION 10. Sections 572.064(b), 572.065(b), 572.066, and |
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572.067, Government Code, as added by this Act, apply only to a |
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member of the legislature or a person who holds a statewide elected |
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office who ceases to be a member or who ceases to hold that office on |
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or after the effective date of this Act. |
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SECTION 11. This Act takes effect September 1, 2015. |