Bill Text: TX HB106 | 2021-2022 | 87th Legislature | Introduced

Texas House Bill 106 (Prior Session Legislation)

Introduced

Bill Title: Relating to restrictions on certain contributions by persons appointed to public office by the governor; creating a criminal offense.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2021-02-25 - Referred to State Affairs [HB106 Detail]

Download: Texas-2021-HB106-Introduced.html

	87R1322 JG-D

	By: Meza	H.B. No. 106



	A BILL TO BE ENTITLED
	AN ACT
	relating to restrictions on certain contributions 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 601.012 to read as follows:
	Sec. 601.012. CERTAIN DONORS INELIGIBLE FOR GUBERNATORIAL
	APPOINTMENTS; CONTRIBUTIONS BY GUBERNATORIAL APPOINTEES
	RESTRICTED. (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 the governor or a specific-purpose
	committee supporting the governor as a candidate or assisting the
	governor as an officeholder. An individual who violates this
	subsection is liable in damages to this state in the amount of
	triple the amount of contributions in a single year that exceed the
	limit prescribed by this subsection.
	(d) For purposes of Subsection (b) or (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) 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, and 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.
	(f) 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 601.012, Government Code, as added by
	this Act, applies to an appointment made on or after the effective
	date of this Act.
	SECTION 3. This Act takes effect September 1, 2021.