Bill Text: TX HB3305 | 2017-2018 | 85th Legislature | Engrossed
Bill Title: Relating to restrictions on certain contributions by persons appointed to public office by the governor; creating a criminal offense.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Engrossed - Dead) 2017-05-08 - Received from the House [HB3305 Detail]
Download: Texas-2017-HB3305-Engrossed.html
By: Larson, Capriglione, King of Hemphill, | H.B. No. 3305 | |
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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 | ||
section 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 officer's | ||
state agency and will comply with any political contribution limits | ||
under Subsection (b). An individual appointed by the governor who | ||
or 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, 2017. |