GOVERNMENT CODE
CHAPTER 302. SPEAKER OF THE HOUSE OF REPRESENTATIVES
SUBCHAPTER A. ELECTION OF SPEAKER
§ 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.
Acts 1985, 69th Leg., ch. 479, § 1, eff. Sept. 1, 1985.
SUBCHAPTER B. CANDIDATE FOR SPEAKER: CAMPAIGN FINANCE
§ 302.011. DEFINITIONS. In this subchapter:
(1) "Speaker candidate" means a member of or candidate
for the house of representatives who has announced his candidacy
for or who by his actions, words, or deeds seeks election to the
office of speaker of the house of representatives.
(2) "Campaign expenditure" means the expenditure of
money or the use of services or any other thing of value to aid or
defeat the election of a speaker candidate.
(3) "Campaign funds" means the speaker candidate's
personal funds that are devoted to the campaign for speaker and any
money, services, or other things of value that are contributed or
loaned to the speaker candidate for use in the candidate's campaign
for speaker.
Acts 1985, 69th Leg., ch. 479, § 1, eff. Sept. 1, 1985.
§ 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.
Acts 1985, 69th Leg., ch. 479, § 1, eff. Sept. 1, 1985.
§ 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:
(1) be in writing;
(2) identify the legislative session as to which the
candidacy relates; and
(3) include:
(A) the speaker candidate's name;
(B) the speaker candidate's residence or
business street address; and
(C) the speaker candidate's telephone number.
(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:
(1) the date the speaker candidate files a written
statement with the Texas Ethics Commission stating that the
candidate has terminated the candidacy; or
(2) the date a speaker is elected for the legislative
session as to which the speaker candidate filed the statement.
(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.
Added by Acts 2003, 78th Leg., ch. 249, § 3.01, eff. Sept. 1,
2003.
§ 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:
(1) the first filing date after the date on which the
speaker candidate files the declaration of candidacy required by
Section 302.0121;
(2) each filing date during the candidacy; and
(3) each filing date until all campaign loans have
been repaid.
(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.
Text of subsection effective until January 1, 2005.
(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.
Acts 1985, 69th Leg., ch. 479, § 1, eff. Sept. 1, 1985. Amended
by Acts 1993, 73rd Leg., ch. 107, § 3.21, eff. Aug. 30, 1993;
Acts 2003, 78th Leg., ch. 249, § 3.02, eff. Sept. 1, 2003.
§ 302.014. CONTENTS OF STATEMENT. Each statement must
list the following information for the period since the last filing
date:
(1) each contribution of money the speaker candidate
or the speaker candidate's agent, servant, staff member, or
employee received for the campaign, the complete name and address
of the contributor, and the date and amount of the contribution;
(2) each contribution of services and other things of
value other than money that the speaker candidate or the speaker
candidate's agent, servant, staff member, or employee received for
the campaign, the nature of the contribution, the complete name and
address of the contributor, and the date and value of the
contribution;
(3) each loan made to the speaker candidate or to the
speaker candidate's agent, servant, staff member, or employee for
the campaign, including all loans listed in previous filings that
are as yet unpaid or that were paid during the period covered by the
present filing, the complete name and address of the lender and each
person other than the speaker candidate who is responsible on the
note, the date and amount of the note, the intended source of funds
to repay the note, and any payments already made on the note and the
source of the payments; and
(4) each expenditure of campaign funds that the
speaker candidate or the speaker candidate's agent, servant, staff
member, or employee made for the campaign, the complete name and
address of each person to whom a payment of more than $10 was made,
and the purpose of each expenditure.
Acts 1985, 69th Leg., ch. 479, § 1, eff. Sept. 1, 1985.
§ 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 5
p.m. of that day.
Acts 1985, 69th Leg., ch. 479, § 1, eff. Sept. 1, 1985. Amended
by Acts 1993, 73rd Leg., ch. 107, § 3.22, eff. Aug. 30, 1993;
Acts 2003, 78th Leg., ch. 249, § 3.03, eff. Sept. 1, 2003.
§ 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).
Acts 1985, 69th Leg., ch. 479, § 1, eff. Sept. 1, 1985.
§ 302.017. CONTRIBUTIONS AND LOANS FROM
ORGANIZATIONS. (a) Except as provided by Subsection (b), a
corporation, partnership, association, firm, union, foundation,
committee, club, or other organization or group of persons may not
contribute or lend or promise to contribute or lend money or other
things of value to a speaker candidate or to any other person,
directly or indirectly, to aid or defeat the election of a speaker
candidate.
(b) This section does not apply to a loan made in the due
course of business to a speaker candidate for campaign purposes by a
corporation that is legally engaged in the business of lending
money and that has continuously conducted the business for more
than one year before making the loan to the speaker candidate.
Acts 1985, 69th Leg., ch. 479, § 1, eff. Sept. 1, 1985.
§ 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.
Acts 1985, 69th Leg., ch. 479, § 1, eff. Sept. 1, 1985.
§ 302.019. INDIVIDUAL CONTRIBUTIONS; CAMPAIGN
EXPENDITURES. (a) Except as provided by Section 302.017 or
302.018, an individual other than the speaker candidate may
contribute personal services and traveling expenses to aid or
defeat a speaker candidate.
(b) An individual other than the speaker candidate may
expend a total of not more than $100 for the cost of correspondence
to aid or defeat the election of a speaker candidate.
(c) Except as provided by Subsections (a) and (b), all
campaign expenditures must be made by the speaker candidate from
campaign funds.
Acts 1985, 69th Leg., ch. 479, § 1, eff. Sept. 1, 1985.
§ 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:
(1) political contributions accepted under Title 15,
Election Code;
(2) interest earned on political contributions
accepted under Title 15, Election Code; or
(3) an asset purchased with political contributions
accepted under Title 15, Election Code.
Added by Acts 2003, 78th Leg., ch. 249, § 3.04, eff. Sept. 1,
2003.
§ 302.020. PERMITTED EXPENDITURES. A speaker candidate
may expend campaign funds for:
(1) travel for the speaker candidate and the speaker
candidate's immediate family and campaign staff;
(2) the employment of clerks and stenographers;
(3) clerical and stenographic supplies;
(4) printing and stationery;
(5) office rent;
(6) telephone, telegraph, postage, freight, and
express expenses;
(7) advertising and publicity;
(8) the expenses of holding political and other
meetings designed to promote the candidacy;
(9) the employment of legal counsel; and
(10) the retirement of campaign loans.
Acts 1985, 69th Leg., ch. 479, § 1, eff. Sept. 1, 1985.
§ 302.0201. DISPOSITION OF UNEXPENDED FUNDS;
REPORT. (a) A former speaker candidate may:
(1) use unexpended campaign funds to retire debt
incurred in connection with the speaker candidacy; or
(2) remit unexpended campaign funds to one or more of
the following:
(A) one or more persons from whom campaign funds
were received, in accordance with Subsection (c); or
(B) a recognized charitable organization formed
for educational, religious, or scientific purposes that is exempt
from taxation under Section 501(c)(3), Internal Revenue Code of
1986, and its subsequent amendments.
(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:
(1) the full name and address of each person to whom a
payment from unexpended campaign funds is made;
(2) the date and amount of each payment reported under
Subdivision (1); and
(3) the information required by Section 302.014 as to
any contribution, loan, or expenditure not previously reported on a
statement filed under Section 302.013.
(e) A report filed under this section covers, as applicable:
(1) the period:
(A) beginning on the date after the last day of
the period covered by the most recent statement filed by the former
speaker candidate under Section 302.013; and
(B) ending on December 31 of the preceding year;
or
(2) the preceding calendar year.
(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.
Added by Acts 2003, 78th Leg., ch. 249, § 3.04, eff. Sept. 1,
2003.
§ 302.021. OFFENSES AND PENALTIES. (a) A speaker
candidate or former speaker candidate commits an offense if the
person:
(1) knowingly fails to file the declaration of
candidacy required by Section 302.0121;
(2) knowingly fails to file the statement required by
Section 302.013;
(3) knowingly accepts a contribution, loan, or promise
of a contribution or loan in violation of Section 302.0121(c);
(4) knowingly accepts a contribution, loan, or promise
of a contribution or loan prohibited by Section 302.017 from a
corporation, partnership, association, firm, union, foundation,
committee, club, or other organization or group of persons;
(5) knowingly accepts a contribution from a person who
uses political contributions, interest earned on political
contributions, or an asset purchased with political contributions
to make the contribution in violation of Section 302.0191;
(6) expends campaign funds for any purpose other than
those enumerated in Section 302.020;
(7) knowingly retains contributions, assets purchased
with contributions, or interest or other income earned on
contributions in violation of Section 302.0201(b); or
(8) knowingly fails to file the report of unexpended
campaign funds as required by Section 302.0201(d).
(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.
Acts 1985, 69th Leg., ch. 479, § 1, eff. Sept. 1, 1985. Amended
by Acts 2003, 78th Leg., ch. 249, § 3.05, eff. Sept. 1, 2003.
§ 302.022. PROSECUTION BY INDICTMENT. Each prosecution
under this subchapter must be brought by indictment rather than by
complaint and information.
Acts 1985, 69th Leg., ch. 479, § 1, eff. Sept. 1, 1985.
SUBCHAPTER C. LEGISLATIVE BRIBERY
§ 302.031. DEFINITION. In this subchapter, "economic
benefit" means anything reasonably regarded as economic gain or
advantage, including a campaign contribution.
Acts 1985, 69th Leg., ch. 479, § 1, eff. Sept. 1, 1985.
§ 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:
(1) promises or agrees to cause:
(A) the appointment of a person to a chairmanship
or vice-chairmanship of a house committee or subcommittee;
(B) the appointment of a person to a particular
house committee or subcommittee, the Legislative Budget Board, the
Texas Legislative Council, the Legislative Library Board, the
Legislative Audit Committee, or any other position the speaker
appoints;
(C) preferential treatment on any legislation or
appropriation;
(D) the employment of a person; or
(E) economic benefit to a person; or
(2) threatens to cause:
(A) the failure to appoint a person to a
chairmanship or vice-chairmanship of a house committee or
subcommittee;
(B) the failure to appoint a person to a
particular house committee or subcommittee, the Legislative Budget
Board, the Texas Legislative Council, the Legislative Library
Board, the Legislative Audit Committee, or any other position the
speaker appoints;
(C) unfavorable treatment on any legislation or
appropriation;
(D) the refusal of or removal from employment of
a person; or
(E) the withholding of economic benefit from a
person.
Acts 1985, 69th Leg., ch. 479, § 1, eff. Sept. 1, 1985.
§ 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:
(1) the appointment of or refusal to appoint a person
to a chairmanship or vice-chairmanship of a house committee or
subcommittee;
(2) the appointment of or refusal to appoint a person
to a particular house committee or subcommittee, the Legislative
Budget Board, the Texas Legislative Council, the Legislative
Library Board, the Legislative Audit Committee, or any other
position the speaker appoints;
(3) preferential or unfavorable treatment on any
legislation or appropriation;
(4) the employment of, refusal of employment of, or
removal from employment of a person; or
(5) economic benefit to or withholding of economic
benefit from a person.
Acts 1985, 69th Leg., ch. 479, § 1, eff. Sept. 1, 1985.
§ 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.
Acts 1985, 69th Leg., ch. 479, § 1, eff. Sept. 1, 1985.
§ 302.035. PERMITTED COMMUNICATIONS, DISCUSSIONS, AND
ADVOCACY. This subchapter does not prohibit:
(1) a person from contacting or communicating with a
member of or candidate for the house of representatives about a
legislative matter; or
(2) a member of or candidate for the house from
discussing, taking a position on, or advocating any action on a
substantive issue in a speaker's race or any other legislative
matter.
Acts 1985, 69th Leg., ch. 479, § 1, eff. Sept. 1, 1985.
