Bill Text: TX SB1683 | 2015-2016 | 84th Legislature | Introduced

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Bill Title: Relating to the retention of unexpended political contributions by and certain activities and benefits of certain public servants, including current and former members of the legislature.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2015-03-23 - Referred to State Affairs [SB1683 Detail]

Download: Texas-2015-SB1683-Introduced.html

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By: Huffines S.B. No. 1683

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