HBA-KDB H.B. 3065 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 3065 By: Junell State Affairs 3/22/2001 Introduced BACKGROUND AND PURPOSE The 75th Legislature passed legislation that restricted gifts and political contributions to all employees of the Texas Lottery Commission. There is a similar concern that gifts and political contributions may cause conflicts of interest between contributors and former and current employees of all state agencies in Texas. House Bill 3065 prohibits current and former members of the governing board of a state agency and former and current employees of a state agency from accepting a political contribution, gift, employment, or remuneration from a contributor and provides penalties. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS House Bill 3065 amends the Election and Government codes to prohibit a member of the governing body of a state agency (member) or an employee of a state agency (employee) from knowingly accepting a political contribution or gift from a person who has a substantial interest in a business entity that is regulated by the agency or is a party to an executory contract with the agency, a person related within the first degree by consanguinity or affinity to a person who has a substantial interest in such a business entity, or a political committee that is directly established, administered, or controlled, in whole or in part, by a person who has a substantial interest in such a business entity (contributor). The bill prohibits a contributor from making a political contribution or gift to a person known by the contributor to be a member or employee. The bill prohibits a former member or former employee from, before the second anniversary of the date the person ceased to be a member or employee, knowingly accepting a political contribution or gift from a contributor. During the time before the second anniversary of the date the person ceased to be a member or employee, a contributor is prohibited from making a political contribution or giving a gift to a person known by the contributor to be a former member or former employee. A violation of these provisions is a Class A misdemeanor (Secs. 253.040, Election Code, and 572.060, Government Code). These provisions do not apply to a gift that is conferred on account of kinship or a personal, professional, or business relationship independent of the official status of the recipient (Sec. 572.060, Government Code). A political contribution to a specific-purpose committee for supporting a candidate, opposing the candidate's opponent, or assisting an office holder is considered to be a contribution to the candidate or officeholder (Sec. 253.040, Election Code). The bill amends the Government Code to prohibit a member from accepting any employment or remuneration from a person who has a substantial interest in a business entity that is regulated by the agency or is a party to an executory contract with the agency, from using the member's official authority to affect the result of an election or nomination for public office, or from directly or indirectly coercing, attempting to coerce, commanding, or advising a person to pay, lend, or contribute anything of value to another person for political purposes. The bill prohibits a member or former member or the spouse of a member or former member from soliciting or accepting employment from a person regulated by the agency before the second anniversary of the date the member ceased to be a member. A violation of these provisions is a Class A misdemeanor (Sec. 572.059). The bill prohibits a former member or former employee from communicating for compensation, before the second anniversary of the date the person ceased to be a member or employee, directly with a member of the legislative branch to influence legislation on behalf of a person who has a substantial interest in a business entity that is regulated by the agency or is a party to an executory contract with the agency. A violation of these provisions is a Class A misdemeanor (Sec. 572.061). EFFECTIVE DATE September 1, 2001.