CHAPTER 302. SPEAKER OF THE HOUSE OF REPRESENTATIVES
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.
Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.
SUBCHAPTER B. CANDIDATE FOR SPEAKER: CAMPAIGN FINANCE
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
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.
Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.
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:
(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, Sec. 3.01, eff. Sept. 1,
2003.
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:
(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.
Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1993, 73rd Leg., ch. 107, Sec. 3.21, eff. Aug.
30, 1993; Acts 2003, 78th Leg., ch. 249, Sec. 3.02, eff. Sept. 1,
2003.
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
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.
Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1993, 73rd Leg., ch. 107, Sec. 3.22, eff. Aug.
30, 1993; Acts 2003, 78th Leg., ch. 249, Sec. 3.03, eff. Sept. 1,
2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
472, Sec. 3, eff. September 1, 2007.
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).
Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
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.
Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
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:
(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, Sec. 3.04, eff. Sept. 1,
2003.
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
Sec. 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, Sec. 3.04, eff. Sept. 1,
2003.
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 2003, 78th Leg., ch. 249, Sec. 3.05, eff. Sept.
1, 2003.
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
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.
Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.
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:
(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, Sec. 1, eff. Sept. 1, 1985.
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:
(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, Sec. 1, eff. Sept. 1, 1985.
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.
Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.
Sec. 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, Sec. 1, eff. Sept. 1, 1985.