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A BILL TO BE ENTITLED
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AN ACT
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relating to the ethics of public officers and related requirements; |
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creating criminal offenses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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ARTICLE 1. DISCLOSURE OF CONTRACTS WITH GOVERNMENTAL ENTITIES |
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SECTION 1.01. Section 572.023, Government Code, is amended |
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by amending Subsection (b) and adding Subsection (e) to read as |
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follows: |
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(b) The account of financial activity consists of: |
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(1) a list of all sources of occupational income, |
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identified by employer, or if self-employed, by the nature of the |
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occupation, including identification of a person or other |
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organization from which the individual or a business in which the |
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individual has a substantial interest received a fee as a retainer |
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for a claim on future services in case of need, as distinguished |
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from a fee for services on a matter specified at the time of |
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contracting for or receiving the fee, if professional or |
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occupational services are not actually performed during the |
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reporting period equal to or in excess of the amount of the |
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retainer, and the category of the amount of the fee; |
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(2) identification by name and the category of the |
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number of shares of stock of any business entity held or acquired, |
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and if sold, the category of the amount of net gain or loss realized |
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from the sale; |
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(3) a list of all bonds, notes, and other commercial |
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paper held or acquired, and if sold, the category of the amount of |
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net gain or loss realized from the sale; |
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(4) identification of each source and the category of |
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the amount of income in excess of $500 derived from each source from |
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interest, dividends, royalties, and rents; |
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(5) identification of each guarantor of a loan and |
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identification of each person or financial institution to whom a |
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personal note or notes or lease agreement for a total financial |
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liability in excess of $1,000 existed at any time during the year |
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and the category of the amount of the liability; |
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(6) identification by description of all beneficial |
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interests in real property and business entities held or acquired, |
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and if sold, the category of the amount of the net gain or loss |
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realized from the sale; |
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(7) identification of a person or other organization |
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from which the individual or the individual's spouse or dependent |
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children received a gift of anything of value in excess of $250 and |
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a description of each gift, except: |
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(A) a gift received from an individual related to |
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the individual at any time within the second degree by |
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consanguinity or affinity, as determined under Subchapter B, |
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Chapter 573; |
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(B) a political contribution that was reported as |
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required by Chapter 254, Election Code; and |
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(C) an expenditure required to be reported by a |
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person required to be registered under Chapter 305; |
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(8) identification of the source and the category of |
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the amount of all income received as beneficiary of a trust, other |
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than a blind trust that complies with Subsection (c), and |
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identification of each trust asset, if known to the beneficiary, |
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from which income was received by the beneficiary in excess of $500; |
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(9) identification by description and the category of |
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the amount of all assets and liabilities of a corporation, firm, |
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partnership, limited partnership, limited liability partnership, |
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professional corporation, professional association, joint venture, |
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or other business association in which 50 percent or more of the |
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outstanding ownership was held, acquired, or sold; |
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(10) a list of all boards of directors of which the |
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individual is a member and executive positions that the individual |
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holds in corporations, firms, partnerships, limited partnerships, |
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limited liability partnerships, professional corporations, |
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professional associations, joint ventures, or other business |
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associations or proprietorships, stating the name of each |
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corporation, firm, partnership, limited partnership, limited |
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liability partnership, professional corporation, professional |
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association, joint venture, or other business association or |
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proprietorship and the position held; |
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(11) identification of any person providing |
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transportation, meals, or lodging expenses permitted under Section |
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36.07(b), Penal Code, and the amount of those expenses, other than |
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expenditures required to be reported under Chapter 305; |
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(12) any corporation, firm, partnership, limited |
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partnership, limited liability partnership, professional |
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corporation, professional association, joint venture, or other |
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business association, excluding a publicly held corporation, in |
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which both the individual and a person registered under Chapter 305 |
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have an interest; |
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(13) identification by name and the category of the |
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number of shares of any mutual fund held or acquired, and if sold, |
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the category of the amount of net gain or loss realized from the |
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sale; [and] |
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(14) identification of each blind trust that complies |
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with Subsection (c), including: |
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(A) the category of the fair market value of the |
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trust; |
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(B) the date the trust was created; |
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(C) the name and address of the trustee; and |
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(D) a statement signed by the trustee, under |
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penalty of perjury, stating that: |
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(i) the trustee has not revealed any |
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information to the individual, except information that may be |
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disclosed under Subdivision (8); and |
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(ii) to the best of the trustee's knowledge, |
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the trust complies with this section; |
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(15) if the aggregate cost of goods or services sold |
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under one or more written contracts described by this subdivision |
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exceeds $10,000 in the year covered by the report, identification |
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of each written contract, including the name of each party to the |
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contract: |
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(A) for the sale of: |
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(i) goods in the amount of $2,500 or more; |
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or |
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(ii) services, including professional |
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services as defined by Section 2254.002, consulting services as |
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defined by Section 2254.021, or legal counsel, in the amount of |
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$5,000 or more; |
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(B) to which the individual or any business |
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entity of which the individual has at least a 50 percent ownership |
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interest is a party; and |
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(C) with: |
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(i) a governmental entity; or |
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(ii) a person who contracts with a |
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governmental entity, to fulfill one or more of the person's |
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obligations to the governmental entity under that contract; and |
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(16) if the individual is a member of the legislature |
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and provides bond counsel services to an issuer, as defined by |
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Section 1201.002(1), identification of the following for each |
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issuance for which the individual served as bond counsel: |
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(A) the amount of the issuance; |
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(B) the name of the issuer; |
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(C) the date of the issuance; |
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(D) the amount of fees paid to the individual, |
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and whether the amount is: |
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(i) less than $5,000; |
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(ii) at least $5,000 but less than $10,000; |
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(iii) at least $10,000 but less than |
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$25,000; or |
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(iv) $25,000 or more; and |
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(E) the amount of fees paid to the individual's |
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firm, if applicable, and whether the amount is: |
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(i) less than $5,000; |
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(ii) at least $5,000 but less than $10,000; |
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(iii) at least $10,000 but less than |
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$25,000; or |
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(iv) $25,000 or more. |
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(e) In this section, "governmental entity" means the state, |
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a political subdivision of the state, or an agency or department of |
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the state or a political subdivision of the state. |
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SECTION 1.02. Subchapter B, Chapter 572, Government Code, |
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is amended by adding Section 572.0295 to read as follows: |
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Sec. 572.0295. PERSONAL FINANCIAL STATEMENT. (a) A person |
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who files a report under this chapter may amend the report. |
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(b) A report that is amended before the eighth day after the |
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date the original report was filed is considered to have been filed |
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on the date on which the original report was filed. |
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(c) A report that is amended on or after the eighth day after |
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the original report was filed is considered to have been filed on |
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the date on which the original report was filed if: |
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(1) the amendment is made before any complaint is |
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filed with regard to the subject of the amendment; and |
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(2) the original report was made in good faith and |
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without an intent to mislead or to misrepresent the information |
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contained in the report. |
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ARTICLE 2. CONFLICTS OF INTEREST |
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SECTION 2.01. Section 141.001, Election Code, is amended by |
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amending Subsection (a) and adding Subsections (d) and (e) to read |
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as follows: |
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(a) To be eligible to be a candidate for, or elected or |
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appointed to, a public elective office in this state, a person must: |
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(1) be a United States citizen; |
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(2) be 18 years of age or older on the first day of the |
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term to be filled at the election or on the date of appointment, as |
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applicable; |
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(3) have not been determined by a final judgment of a |
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court exercising probate jurisdiction to be: |
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(A) totally mentally incapacitated; or |
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(B) partially mentally incapacitated without the |
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right to vote; |
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(4) have not been finally convicted of a felony from |
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which the person has not been pardoned or otherwise released from |
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the resulting disabilities; |
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(5) have resided continuously in the state for 12 |
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months and in the territory from which the office is elected for six |
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months immediately preceding the following date: |
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(A) for a candidate whose name is to appear on a |
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general primary election ballot, the date of the regular filing |
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deadline for a candidate's application for a place on the ballot; |
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(B) for an independent candidate, the date of the |
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regular filing deadline for a candidate's application for a place |
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on the ballot; |
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(C) for a write-in candidate, the date of the |
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election at which the candidate's name is written in; |
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(D) for a party nominee who is nominated by any |
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method other than by primary election, the date the nomination is |
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made; and |
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(E) for an appointee to an office, the date the |
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appointment is made; [and] |
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(6) not be required to be registered as a lobbyist |
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under Chapter 305, Government Code; and |
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(7) satisfy any other eligibility requirements |
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prescribed by law for the office. |
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(d) Except as provided by Section 7.103(c), Education Code, |
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Subsection (a)(6) does not apply to: |
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(1) an office of a political subdivision with a |
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population of 150,000 or less, other than the office of presiding |
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officer of the governing body of the political subdivision, |
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provided that the officeholder does not receive a salary or wage for |
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that office; or |
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(2) the office of the presiding officer of the |
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governing body of a political subdivision with a population of |
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50,000 or less, provided that the presiding officer does not |
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receive a salary or wage for that office. |
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(e) In Subsection (d), a presiding officer or other |
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officeholder is not considered to have received a salary or wage if |
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the officeholder refuses to accept a salary or wage offered or |
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budgeted for that office. |
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SECTION 2.02. Subchapter A, Chapter 305, Government Code, |
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is amended by adding Section 305.0031 to read as follows: |
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Sec. 305.0031. CERTAIN ELECTED OFFICERS MAY NOT REGISTER. |
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(a) A member of Congress, a member of the legislature, or a holder |
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of a statewide office may not register under this chapter. |
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(b) A registration under this chapter expires on the date a |
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person takes office as a member of Congress, a member of the |
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legislature, or a holder of a statewide office. |
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SECTION 2.03. Subchapter C, Chapter 572, Government Code, |
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is amended by adding Sections 572.062 and 572.063 to read as |
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follows: |
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Sec. 572.062. FORMER LEGISLATOR: LOBBYING RESTRICTED; |
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CRIMINAL OFFENSE. (a) In this section: |
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(1) "Administrative action," "communicates directly |
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with," "legislation," "member of the executive branch," and "member |
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of the legislative branch" have the meanings assigned by Section |
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305.002. |
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(2) "Legislative cycle" means the two-year period |
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beginning on the first day of a regular legislative session and |
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ending on the day before the first day of the succeeding regular |
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legislative session. |
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(b) Except as provided by Subsection (c), a former member of |
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the legislature may not engage in activities that require |
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registration under Chapter 305 before the end of the legislative |
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cycle following the legislative cycle in which the former member |
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last served as a member of the legislature. |
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(c) Subsection (b) does not apply to a former member who |
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does not receive compensation other than reimbursement for actual |
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expenses for communicating directly with a member of the |
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legislative or executive branch to influence legislation or |
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administrative action. |
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(d) A former member who violates this section commits an |
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offense. An offense under this section is a Class A misdemeanor. |
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Sec. 572.063. CERTAIN REFERRALS FOR LEGAL SERVICES |
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PROHIBITED; CRIMINAL OFFENSE. (a) A member of the legislature or |
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an executive officer elected in a statewide election who is a member |
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of the State Bar of Texas or who is licensed to practice law in |
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another state or a United States territory may not make or receive |
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any referral for legal services for monetary compensation or any |
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other benefit. |
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(b) As used in this section, a "referral for legal services" |
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does not include referrals for a real estate transaction as defined |
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by Section 31.001, Natural Resources Code. |
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(c) A person commits an offense if the person violates this |
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section. An offense under this section is a Class B misdemeanor. |
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SECTION 2.04. Chapter 601, Government Code, is amended by |
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adding Section 601.009 to read as follows: |
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Sec. 601.009. ELECTED OFFICER MAY NOT BE REGISTERED |
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LOBBYIST. (a) A person may not qualify for a public elective |
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office if the person is required to be registered as a lobbyist |
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under Chapter 305. |
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(b) Except as provided by Section 7.103(c), Education Code, |
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Subsection (a) does not apply to: |
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(1) an office for which the federal or state |
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constitution prescribes exclusive qualification requirements; |
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(2) an office of a political subdivision with a |
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population of 150,000 or less, other than the office of presiding |
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officer of the governing body of the political subdivision, |
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provided that the officeholder does not receive a salary or wage for |
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that office; or |
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(3) the office of the presiding officer of the |
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governing body of a political subdivision with a population of |
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50,000 or less, provided that the presiding officer does not |
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receive a salary or wage for that office. |
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(c) In Subsection (b), a presiding officer or other |
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officeholder is not considered to have received a salary or wage if |
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the officeholder refuses to accept a salary or wage offered or |
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budgeted for that office. |
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ARTICLE 3. TRANSITION; EFFECTIVE DATE |
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SECTION 3.01. (a) The changes in law made by this Act in |
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amending Section 141.001(a), Election Code, and in adding Section |
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601.009, Government Code, apply only to the eligibility and |
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qualification requirements for a candidate, officer, or employee |
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whose term of office or employment will begin on or after the |
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effective date of this Act. The eligibility and qualification |
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requirements for a candidate, officer, or employee whose term of |
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office or employment will begin before the effective date of this |
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Act are governed by the law in effect immediately before the |
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effective date of this Act, and the former law is continued in |
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effect for that purpose. |
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(b) Section 572.062, Government Code, as added by this Act, |
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does not apply to a person who was a member of the legislature on |
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June 1, 2015, unless the member assumes an office other than a |
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legislative office after the effective date of this Act. |
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(c) Section 572.063, Government Code, as added by this Act, |
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applies only to conduct that occurred on or after the effective date |
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of this Act. Conduct that occurred before the effective date of |
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this Act is governed by the law in effect on the date the conduct |
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occurred, and the former law is continued in effect for that |
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purpose. |
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SECTION 3.02. This Act takes effect January 10, 2017. |
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* * * * * |