Eckhardt Bill Bans Sitting Lawmakers From Lobbying Starting January 12, 2027

The text as introduced · 853 words

89R4305 CJD-F

By: Eckhardt
S.B. No. 345

A BILL TO BE ENTITLED

AN ACT

relating to the prohibition on lobbying by certain elected

officers.

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

SECTION 1. Section 141.001, Election Code, is amended by

amending Subsection (a) and adding Subsections (e) and (f) to read

as follows:

(a) To be eligible to be a candidate for, or elected or

appointed to, a public elective office in this state, a person must:

(1) be a United States citizen;

(2) be 18 years of age or older on the first day of the

term to be filled at the election or on the date of appointment, as

applicable;

(3) have not been determined by a final judgment of a

court exercising probate jurisdiction to be:

(A) totally mentally incapacitated; or

(B) partially mentally incapacitated without the

right to vote;

(4) have not been finally convicted of a felony from

which the person has not been pardoned or otherwise released from

the resulting disabilities;

(5) have resided continuously in the state for 12

months and in the territory from which the office is elected for six

months immediately preceding the following date:

(A) for a candidate whose name is to appear on a

general primary election ballot, the date of the regular filing

deadline for a candidate's application for a place on the ballot;

(B) for an independent candidate, the date of the

regular filing deadline for a candidate's application for a place

on the ballot;

(C) for a write-in candidate, the date of the

election at which the candidate's name is written in;

(D) for a party nominee who is nominated by any

method other than by primary election, the date the nomination is

made; and

(E) for an appointee to an office, the date the

appointment is made;

(6) on the date described by Subdivision (5), be

registered to vote in the territory from which the office is

elected; [ and ]

(7) not be required to register as a lobbyist under

Chapter 305, Government Code; and

(8) satisfy any other eligibility requirements

prescribed by law for the office.

(e) Subsection (a)(7) does not apply to:

(1) an office of a political subdivision with a

population of 150,000 or less, other than the office of presiding

officer of the governing body of the political subdivision,

provided that the officeholder does not receive a salary or wage for

that office; or

(2) the office of the presiding officer of the

governing body of a political subdivision with a population of

50,000 or less, provided that the presiding officer does not

receive a salary or wage for that office.

(f) For purposes of Subsection (e), a presiding officer or

other officeholder is not considered to have received a salary or

wage if the officeholder refuses to accept a salary or wage offered

or budgeted for that office.

SECTION 2. Subchapter A, Chapter 305, Government Code, is

amended by adding Section 305.0031 to read as follows:

Sec. 305.0031. REGISTRATION BY CERTAIN ELECTED OFFICERS

PROHIBITED. (a) An individual may not register under this chapter

if the individual is a:

(1) member of Congress;

(2) member of the legislature; or

(3) statewide officeholder.

(b) An individual's registration under this chapter expires

on the date the individual takes an office described by Subsection

(a).

SECTION 3. Chapter 601, Government Code, is amended by

adding Section 601.010 to read as follows:

Sec. 601.010. REGISTRATION AS LOBBYIST BY ELECTED OFFICER

PROHIBITED. (a) An individual may not qualify for a public

elective office if the individual is required to register as a

lobbyist under Chapter 305.

(b) Subsection (a) does not apply to:

(1) an office for which the federal or state

constitution prescribes exclusive qualification requirements;

(2) an office of a political subdivision with a

population of 150,000 or less, other than the office of presiding

officer of the governing body of the political subdivision,

provided that the officeholder does not receive a salary or wage for

that office; or

(3) the office of the presiding officer of the

governing body of a political subdivision with a population of

50,000 or less, provided that the presiding officer does not

receive a salary or wage for that office.

(c) For purposes of Subsection (b), a presiding officer or

other officeholder is not considered to have received a salary or

wage if the officeholder refuses to accept a salary or wage offered

or budgeted for that office.

SECTION 4. Section 141.001(a), Election Code, as amended by

this Act, and Section 601.010, Government Code, as added by this

Act, apply only to the eligibility and qualification requirements

for a candidate or officer whose term of office will begin on or

after the effective date of this Act. The eligibility and

qualification requirements for a candidate or officer whose term of

office will begin before the effective date of this Act are governed

by the law in effect immediately before the effective date of this

Act, and the former law is continued in effect for that purpose.

SECTION 5. This Act takes effect January 12, 2027.