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H.B. No. 762
AN ACT
relating to the solicitation by state officers and employees of and
recommendations regarding contributions to charitable
organizations and governmental entities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 572, Government Code, is
amended by adding Section 572.060 to read as follows:
Sec. 572.060. SOLICITATION OF OR RECOMMENDATIONS REGARDING
CONTRIBUTIONS TO CHARITABLE ORGANIZATIONS AND GOVERNMENTAL
ENTITIES. (a) Unless otherwise prohibited by the Code of Judicial
Conduct, a state officer or state employee may:
(1) solicit from any person a contribution to:
(A) an organization that:
(i) is exempt from income taxation under
Section 501(a), Internal Revenue Code of 1986, by being listed
under Section 501(c)(3) of that code;
(ii) does not attempt to influence
legislation as a substantial part of the organization's activities;
and
(iii) has not elected under Section 501(h),
Internal Revenue Code of 1986, to have that subsection apply to the
organization; or
(B) a governmental entity; or
(2) recommend to any person that the person make a
contribution to an organization or entity described by Subdivision
(1).
(b) A monetary contribution solicited or recommended as
provided by Subsection (a) must:
(1) be paid or made directly to the charitable
organization or governmental entity by the person making the
contribution;
(2) be in the form of a check, money order, or similar
instrument payable to the charitable organization or governmental
entity; or
(3) be in the form of a deduction from a state
employee's salary or wage payment under the state employee
charitable campaign under Subchapter I, Chapter 659.
(c) A contribution solicited or recommended as provided by
Subsection (a) that is not a monetary contribution must be
delivered directly to the charitable organization or governmental
entity by the person making the contribution.
(d) A contribution paid as provided by Subsection (b) or
delivered as provided by Subsection (c) is not:
(1) a political contribution to, or political
expenditure on behalf of, the state officer or state employee for
purposes of Title 15, Election Code;
(2) an expenditure for purposes of Chapter 305; or
(3) a benefit to the state officer or state employee
for purposes of Sections 36.08 and 36.09, Penal Code.
SECTION 2. This Act takes effect September 1, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 762 was passed by the House on March
30, 2005, by a non-record vote; and that the House concurred in
Senate amendments to H.B. No. 762 on May 3, 2005, by a non-record
vote.
______________________________
Chief Clerk of the House
I certify that H.B. No. 762 was passed by the Senate, with
amendments, on April 29, 2005, by the following vote: Yeas 29,
Nays 0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor