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Statutes


TEXAS ETHICS COMMISSION PDF Versionl

CHAPTER 302, GOVERNMENT CODE

Speaker of the House of Representatives

Effective September 1, 2019
(Revised 08/01/2023)


SUBCHAPTER A. ELECTION OF SPEAKER

Sec. 302.001. Election

SUBCHAPTER B. CANDIDATE FOR SPEAKER: CAMPAIGN FINANCE

Sec. 302.011. Definitions

Sec. 302.012. Records

Sec. 302.0121. Declaration of Speaker Candidacy

Sec. 302.013. Filing of Statement of Contributions, Loans, and Expenditures

Sec. 302.014. Contents of Statement

Sec. 302.015. Requisites of Filing

Sec. 302.016. Public Records

Sec. 302.018. Contributions from Executive or Judicial Officers or Employees

Sec. 302.0191. Contributions and Expenditures from Political Contributions

Sec. 302.020. Permitted Expenditures

Sec. 302.0201. Disposition of Unexpended Funds; Report

Sec. 302.021. Offenses and Penalties

Sec. 302.022. Prosecution by Indictment

SUBCHAPTER C. LEGISLATIVE BRIBERY

Sec. 302.031. Definition

Sec. 302.032. Legislative Bribery: Promises or Threats

Sec. 302.033. Legislative Bribery: Accepting Benefits

Sec. 302.034. Penalty

Sec. 302.035. Permitted Communications, Discussions, and Advocacy


GOVERNMENT CODE

TITLE 3. LEGISLATIVE BRANCH

SUBTITLE A. LEGISLATURE

CHAPTER 302. SPEAKER OF THE HOUSE OF REPRESENTATIVES

SUBCHAPTER A. ELECTION OF SPEAKER

Sec. 302.001. Election

When the house of representatives first convenes in regular session and a quorum is present and has been qualified, the house shall elect a speaker unless a majority of the members present decides to defer the election.

SUBCHAPTER B. CANDIDATE FOR SPEAKER: CAMPAIGN FINANCE

Sec. 302.011. Definitions

In this subchapter:

Sec. 302.012. Records

(a) Each speaker candidate shall keep records of all information required to be filed under this subchapter.

(b) The records must be kept separate from the records required under the Texas Election Code for the speaker candidate’s campaign for any other public office.

Sec. 302.0121. Declaration of Speaker Candidacy

(a) Each speaker candidate shall file a declaration of candidacy with the Texas Ethics Commission as provided by this section.

(b) A declaration of speaker candidacy must:

(c) Except as provided by Subsection (e), a speaker candidate may not knowingly accept a contribution, loan, or promise of a contribution or loan in connection with the speaker candidacy or make or authorize a campaign expenditure at a time when a declaration of candidacy for the candidate is not in effect.

(d) A declaration of speaker candidacy terminates on the earlier of:

(e) A former speaker candidate whose declaration of speaker candidacy is terminated under Subsection (d) may make a campaign expenditure in connection with a debt incurred during the period the former speaker candidate's declaration of candidacy was in effect.

Sec. 302.013. Filing of Statement of Contributions, Loans, and Expenditures

(a) Each speaker candidate shall file a sworn statement with the Texas Ethics Commission listing the information required by Section 302.014.

(b) Each speaker candidate shall file the statement on:

(c) The filing dates are the first day of January, March, May, July, September, and November and the day before each regular or called session of the legislature convenes.

(d) Each speaker candidate shall file the statement by computer diskette, modem, or other means of electronic transfer, using computer software provided by the Texas Ethics Commission or computer software that meets commission specifications for a standard file format.

(e) The Texas Ethics Commission shall implement an electronic filing system under Subsection (d) not later than September 1, 2004. The commission by rule shall identify the date on which the requirement that a statement must be made as required by Subsection (d) takes effect and the first reporting period under Subsection (c) for which a statement must be made as required by Subsection (d). This subsection expires January 1, 2005.

Sec. 302.014. Contents of Statement

Each statement must list the following information for the period since the last filing date:

Sec. 302.015. Requisites of Filing

(a) Except as provided by Subsection (b), a statement is considered to be filed in compliance with this subchapter if the postmark shows that it was sent to the Texas Ethics Commission at its official post office address by registered or certified mail from any point in this state before the filing deadline.

(b) A statement required to be filed on the day before a regular or called session convenes must actually be delivered and in the possession of the Texas Ethics Commission not later than midnight of that day.

Sec. 302.016. Public Records

(a) Each statement filed under this subchapter is public information and shall be preserved for two years after the election for which it was filed.

(b) Unless a court of competent jurisdiction orders further preservation, a statement may be destroyed after the two-year period prescribed by Subsection (a).

Sec. 302.018. Contributions from Executive or Judicial Officers or Employees

An elected officer or employee of the executive or judicial branch of state government may not contribute personal services, money, or goods of value to a speaker candidate’s campaign.

Sec. 302.0191. Contributions and Expenditures from Political Contributions

A person, including a speaker candidate, may not make a contribution to a speaker candidate's campaign or an expenditure to aid or defeat a speaker candidate from:

Sec. 302.020. Permitted Expenditures

A speaker candidate may expend campaign funds for:

Sec. 302.0201. Disposition of Unexpended Funds; Report

(a) A former speaker candidate may:

(b) A former speaker candidate may not retain contributions covered by this subchapter, assets purchased with the contributions, or interest and other income earned on the contributions for more than six years after the date the person ceases to be a speaker candidate or hold the office of speaker.

(c) The amount of campaign funds disposed of under Subsection (a)(2)(A) to one person may not exceed the aggregate amount accepted from that person in connection with the former speaker candidate's most recent campaign for election to the office of speaker.

(d) Not later than January 15 of each year, a former speaker candidate who retains unexpended campaign funds shall file a sworn report with the Texas Ethics Commission that includes:

(e) A report filed under this section covers, as applicable:

(f) A former speaker candidate shall file the report on an official form designed by the Texas Ethics Commission. Sections 302.015 and 302.016 apply to a report filed under this section.

(g) For purposes of this section, a speaker candidate elected as speaker of the house of representatives is considered to be a former speaker candidate.

Sec. 302.021. Offenses and Penalties

(a) A speaker candidate or former speaker candidate commits an offense if the person:

(b) An agent, officer, or director of a corporation, partnership, association, firm, union, foundation, committee, club, or other organization or group of persons commits an offense if the agent, officer, or director consents to a contribution, loan, or promise of a contribution or loan prohibited by this subchapter.

(c) A person commits an offense if the person conspires with another person to circumvent any provision of this subchapter.

(d) An individual other than the speaker candidate commits an offense if the individual, either acting alone or with another individual, expends or authorizes the expenditure of more than $100 for correspondence to aid or defeat the election of a speaker candidate or expends funds for any purpose other than for personal services and traveling expenses to aid or defeat the election of a speaker candidate.

(e) A person commits an offense if the person contributes personal services, money, or goods in violation of Section 302.018.

(e-1) A person commits an offense if the person knowingly makes a contribution to a speaker candidate's campaign or an expenditure to aid or defeat a speaker candidate from political contributions, interest earned on political contributions, or an asset purchased with political contributions in violation of Section 302.0191.

(f) An offense under this section is a Class A misdemeanor.

Sec. 302.022. Prosecution by Indictment

Each prosecution under this subchapter must be brought by indictment rather than by complaint and information.

SUBCHAPTER C. LEGISLATIVE BRIBERY

Sec. 302.031. Definition

In this subchapter, "economic benefit" means anything reasonably regarded as economic gain or advantage, including a campaign contribution.

Sec. 302.032. Legislative Bribery: Promises or Threats

A person commits an offense if, with the intent to influence a member of or candidate for the house of representatives in casting a vote for speaker of the house of representatives, the person:

Sec. 302.033. Legislative Bribery: Accepting Benefits

A member of or candidate for the house of representatives commits an offense if, on the representation or understanding that the member or candidate will cast a vote for a particular person for speaker of the house of representatives, the member or candidate solicits, accepts, or agrees to accept:

Sec. 302.034. Penalty

An offense under this subchapter is a felony punishable by imprisonment for not less than two years nor more than five years.

Sec. 302.035. Permitted Communications, Discussions, and Advocacy

This subchapter does not prohibit: