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A BILL TO BE ENTITLED
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AN ACT
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relating to ethics and accountability of certain public employees, |
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public officers, political contributors, state contractors, and |
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grant recipients; providing penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 253, Election Code, is |
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amended by adding Section 253.064 to read as follows: |
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Sec. 253.064. CONTRIBUTION BY STATE CONTRACTOR. (a) This |
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section applies to an individual who submits a competitive bid or |
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proposal for a contract with a state agency as: |
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(1) an individual; |
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(2) a partner or owner of a privately held business; or |
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(3) a board member or executive officer of a business. |
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(b) An individual described by Subsection (a) may not make a |
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political contribution to a candidate for a statewide office, |
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statewide officeholder, or specific-purpose committee for |
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supporting or opposing a candidate for statewide office or |
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assisting a statewide officeholder during the period: |
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(1) beginning on the date the bid or proposal is |
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submitted; and |
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(2) ending on: |
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(A) the date the contract is awarded to another |
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person; or |
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(B) if the individual or the individual's |
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business is awarded the contract, the 30th day after the date the |
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contract is awarded. |
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SECTION 2. Subchapter D, Chapter 253, Election Code, is |
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amended by adding Section 253.105 to read as follows: |
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Sec. 253.105. CONTRIBUTION BY COMMITTEE ESTABLISHED OR |
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ADMINISTERED BY STATE CONTRACTOR. (a) This section applies to a |
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corporation that submits a competitive bid or proposal for a |
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contract with a state agency. |
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(b) A general-purpose committee established or administered |
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by a corporation described by Subsection (a) may not make a |
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political contribution to a candidate for a statewide office, |
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statewide officeholder, or specific-purpose committee for |
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supporting or opposing a candidate for statewide office or |
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assisting a statewide officeholder during the period: |
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(1) beginning on the date the bid or proposal is |
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submitted; and |
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(2) ending on: |
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(A) the date the contract is awarded to another |
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person; or |
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(B) if the corporation is awarded the contract, |
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the 30th day after the date the contract is awarded. |
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SECTION 3. Chapter 253, Election Code, is amended by adding |
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Subchapter G to read as follows: |
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SUBCHAPTER G. APPOINTED OFFICERS |
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Sec. 253.201. DEFINITIONS. In this subchapter: |
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(1) "Appointed officer" means: |
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(A) the secretary of state; |
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(B) an individual appointed with the advice and |
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consent of the senate to the governing board of a state-supported |
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institution of higher education; or |
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(C) an officer of a state agency who is appointed |
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for a term of office specified by the Texas Constitution or a |
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statute of this state. |
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(2) "Election cycle" means the period beginning on |
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January 1 of an odd-numbered year and ending on December 31 of the |
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following even-numbered year. |
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Sec. 253.202. CONTRIBUTION LIMIT. (a) An appointed officer |
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may not knowingly make or authorize political contributions that in |
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the aggregate exceed $10,000 in an election cycle. |
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(b) A contribution by the spouse of an appointed officer is |
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considered to be a contribution by the officer. |
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Sec. 253.203. CERTAIN DIRECT CAMPAIGN EXPENDITURES |
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CONSIDERED CONTRIBUTION TO CANDIDATE. For purposes of Section |
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253.202, a direct campaign expenditure is considered to be a |
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campaign contribution to a candidate if it is made with the |
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cooperation or prior consent of, in consultation with, or at the |
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suggestion of: |
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(1) the candidate; |
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(2) a specific-purpose committee for supporting the |
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candidate or opposing the candidate's opponent; or |
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(3) a person acting with the candidate's knowledge and |
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consent. |
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SECTION 4. Subchapter F, Chapter 401, Government Code, is |
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amended by adding Sections 401.105 and 401.106 to read as follows: |
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Sec. 401.105. MANDATORY RECORDS RETENTION SCHEDULE. The |
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records retention schedule adopted by the office of the governor in |
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compliance with Section 441.185 must: |
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(1) apply to all offices within the office of the |
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governor and all trusteed programs within the office of the |
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governor; and |
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(2) provide that all records must be retained for at |
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least 30 days after the record is created or altered. |
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Sec. 401.106. REPORT OF FUNDING. (a) The governor shall |
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post on the office of the governor's Internet website information |
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relating to each fund administered by the office of the governor, |
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including by any office within the office of the governor and as any |
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trusteed program within the office of the governor. |
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(b) Information posted under this section must include: |
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(1) the amount of any disbursement or grant from the |
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fund; |
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(2) to whom any disbursements or grants from the fund |
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were made; and |
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(3) the purpose of the disbursement or grant. |
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(c) The information must be updated at least quarterly. |
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SECTION 5. Section 481.078, Government Code, is amended by |
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adding Subsection (n) to read as follows: |
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(n) Not later than January 1 of each year, the governor |
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shall submit to the legislature and post on the office of the |
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governor's Internet website a report that includes the following |
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information regarding the fund for the preceding three state fiscal |
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years: |
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(1) the total number and amount of grants made from the |
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fund; and |
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(2) the name of each grant recipient and the amount of |
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the grant awarded to the recipient. |
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SECTION 6. Section 572.002, Government Code, is amended by |
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adding Subdivision (5-a) to read as follows: |
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(5-a) "Member of the governor's executive staff" means |
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a person employed by the governor acting in the governor's official |
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capacity whose regular job duties include: |
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(A) formulating policy or testifying before and |
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meeting with members of the legislature; or |
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(B) supervising other employees in the |
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governor's office whose regular job duties include those described |
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by Paragraph (A). |
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SECTION 7. Section 572.021, Government Code, is amended to |
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read as follows: |
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Sec. 572.021. FINANCIAL STATEMENT REQUIRED. Except as |
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provided by Section 572.0211, a state officer, a partisan or |
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independent candidate for an office as an elected officer, a member |
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of the governor's executive staff, and a state party chair shall |
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file with the commission a verified financial statement complying |
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with Sections 572.022 through 572.0252. |
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SECTION 8. The heading to Section 572.026, Government Code, |
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is amended to read as follows: |
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Sec. 572.026. FILING DATES FOR STATE OFFICERS, GOVERNOR'S |
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EXECUTIVE STAFF, AND STATE PARTY CHAIRS. |
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SECTION 9. Section 572.026, Government Code, is amended by |
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amending Subsection (a) and adding Subsection (e) to read as |
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follows: |
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(a) Not later than April 30 each year, a state officer, a |
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member of the governor's executive staff, or a state party chair |
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shall file the financial statement as required by this subchapter. |
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(e) An individual who is employed as a member of the |
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governor's executive staff shall file a financial statement not |
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later than the 45th day after the date the individual assumes the |
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duties of the position. The governor or representative of the |
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governor shall immediately notify the commission of the employment |
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of a member of the governor's executive staff. |
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SECTION 10. The heading to Section 572.054, Government |
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Code, is amended to read as follows: |
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Sec. 572.054. REPRESENTATION BY FORMER OFFICER OR EMPLOYEE |
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OF GOVERNOR OR REGULATORY AGENCY RESTRICTED; CRIMINAL OFFENSE. |
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SECTION 11. Section 572.054, Government Code, is amended by |
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adding Subsections (b-1) and (b-2) to read as follows: |
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(b-1) A member of the governor's executive staff who ceases |
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employment with the governor may not make any communication to or |
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appearance before the governor or a member of the governor's |
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executive staff, if the communication or appearance is made with |
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the intent to influence and on behalf of any person in connection |
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with any matter on which the person seeks official action, before |
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the second anniversary of the date the employment ceased. |
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(b-2) A member of the governor's executive staff who before |
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employment with the governor represented a person or received |
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compensation for services rendered on behalf of a person on a |
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particular matter may not be involved with the particular matter as |
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a member of the governor's executive staff before the second |
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anniversary of the date the member begins employment with the |
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governor. |
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SECTION 12. Subchapter C, Chapter 572, Government Code, is |
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amended by adding Section 572.062 to read as follows: |
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Sec. 572.062. SOLICITATION OF OR RECOMMENDATIONS REGARDING |
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POLITICAL CONTRIBUTIONS. (a) In this section, "political |
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contribution" has the meaning assigned by Section 251.001, Election |
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Code. |
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(b) An appointed officer of a regulatory agency may not, on |
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behalf of the officer or another person, solicit a political |
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contribution from or recommend the making of a political |
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contribution by a person regulated by the regulatory agency. |
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SECTION 13. (a) Sections 253.064 and 253.105, Election |
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Code, as added by this Act, apply only to a competitive bid or |
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proposal for a contract with a state agency for which notice is |
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given on or after September 1, 2011. A bid or proposal for a |
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contract for which notice is given before September 1, 2011, is |
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governed by the law in effect when the notice was given, and the |
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former law is continued in effect for that purpose. |
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(b) Subchapter G, Chapter 253, Election Code, as added by |
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this Act, applies only to a political contribution or direct |
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campaign expenditure made on or after September 1, 2011. A |
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political contribution or direct campaign expenditure made before |
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September 1, 2011, is governed by the law in effect at the time the |
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contribution or expenditure was made and is not aggregated with |
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political contributions or direct campaign expenditures made on or |
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after that date. |
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(c) The changes in law made by this Act to Subchapter B, |
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Chapter 572, Government Code, requiring a member of the governor's |
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executive staff to file a personal financial statement apply |
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beginning January 1, 2012. A member of the governor's executive |
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staff is not required to include financial activity occurring |
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before January 1, 2012, in a personal financial statement under |
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that subchapter. A member of the governor's executive staff shall |
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file the first personal financial statement as required by this Act |
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on or before April 30, 2013. |
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(d) Section 572.054(b-1), Government Code, as added by this |
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Act, applies only to a member of the governor's executive staff who |
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ceases employment with the governor on or after September 1, 2011. |
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A member of the governor's executive staff who ceases employment |
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with the governor before September 1, 2011, is governed by the law |
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in effect when the member ceased employment, and the former law is |
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continued in effect for that purpose. |
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(e) Section 572.054(b-2), Government Code, as added by this |
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Act, applies only to a member of the governor's executive staff who |
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begins employment with the governor on or after September 1, 2011. |
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A member of the governor's executive staff who begins employment |
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with the governor before September 1, 2011, is governed by the law |
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in effect when the member began employment, and the former law is |
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continued in effect for that purpose. |
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SECTION 14. This Act takes effect September 1, 2011. |