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.