bill barring big governor donors from governor-appointed offices

The text as introduced · 560 words

89R9335 CJD-D

By: Talarico
H.B. No. 5298

A BILL TO BE ENTITLED

AN ACT

relating to restrictions on certain contributions and lobbyist

compensation by persons appointed to public office by the governor;

creating a criminal offense.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 601, Government Code, is amended by

adding Section 601.010 to read as follows:

Sec. 601.010. CERTAIN DONORS INELIGIBLE FOR GUBERNATORIAL

APPOINTMENTS; CONTRIBUTIONS AND LOBBYIST COMPENSATION BY

GUBERNATORIAL APPOINTEES RESTRICTED; CRIMINAL OFFENSE. (a) In

this section:

(1) "Communicates directly with," "matter," "member

of the executive branch," and "member of the legislative branch"

have the meanings assigned by Section 305.002.

(2) "Political contribution" and "specific-purpose

committee" have the meanings assigned by Section 251.001, Election

Code.

(b) An individual is ineligible to serve as an officer

appointed by the governor if during the year preceding the date of

appointment the individual made political contributions that in the

aggregate exceeded $2,500 to:

(1) the governor; or

(2) a specific-purpose committee supporting the

governor as a candidate or assisting the governor as an

officeholder.

(c) An individual serving as an officer appointed by the

governor may not during any single year in which the individual

serves in that office make political contributions that in the

aggregate exceed $2,500 to:

(1) the governor; or

(2) a specific-purpose committee supporting the

governor as a candidate or assisting the governor as an

officeholder.

(d) For purposes of Subsection (b) and (c), a political

contribution made by the spouse or dependent child of an individual

or a political contribution from an organization made in the

individual's name and with the individual's consent is considered

to be a contribution made by the individual.

(e) An individual who violates Subsection (b) or (c) is

liable for damages to this state in an amount equal to three times

the amount of the contributions made in violation of those

subsections.

(f) Before taking office, an individual appointed by the

governor must sign an attestation that during the year preceding

the appointment the individual, the individual's spouse or

dependent child, or an organization in the individual's name and

with the individual's consent did not make political contributions

exceeding $2,500 to the governor or a specific-purpose committee

supporting the governor as a candidate or assisting the governor as

an officeholder.

(g) Before taking office, an individual appointed by the

governor must sign an attestation that the individual or a business

entity acting at the direction of the individual will not

compensate a person required to register as a lobbyist under

Chapter 305 for communicating directly with a member of the

legislative or executive branch on a matter affecting the

individual's state agency and will comply with any political

contribution limits under Subsection (b). An individual appointed

by the governor who violates an attestation under this subsection,

a business entity acting at the direction of the individual that

violates an attestation under this subsection, or a person required

to register as a lobbyist under Chapter 305 who accepts

compensation made in violation of an attestation under this

subsection commits an offense. An offense under this subsection is

a Class A misdemeanor.

SECTION 2. Section 601.010, Government Code, as added by

this Act, applies only to an appointment made on or after the

effective date of this Act.

SECTION 3. This Act takes effect September 1, 2025.