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A BILL TO BE ENTITLED
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AN ACT
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relating to the content of detailed reports filed by lobbyists and |
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to monetary limits on expenditures by lobbyists. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 305.0061, Government Code, is amended by |
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amending Subsections (a), (b), and (c) and adding Subsections (h) |
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and (i) to read as follows: |
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(a) If a registrant or a person on the registrant's behalf |
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and with the registrant's consent or ratification makes |
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expenditures that exceed 30 [60] percent of the amount of the |
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legislative per diem in a day for transportation or lodging for a |
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member of the legislative or executive branch or for the immediate |
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family of a member of the legislative or executive branch, the |
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registrant shall also state the following on the report filed under |
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Section 305.006: |
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(1) the name of the member of the legislative or |
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executive branch in whose behalf the expenditure is made; |
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(2) the place and date of the transportation or |
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lodging; and |
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(3) the purpose of the transportation or lodging. |
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(b) If a registrant or a person on the registrant's behalf |
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and with the registrant's consent or ratification makes |
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expenditures that exceed 30 [60] percent of the amount of the |
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legislative per diem in a day for food and beverages for a member of |
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the legislative or executive branch or for the immediate family of a |
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member of the legislative or executive branch or makes expenditures |
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that exceed 30 [60] percent of the amount of the legislative per |
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diem in a day for entertainment for a member of the legislative or |
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executive branch or for the immediate family of a member of the |
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legislative or executive branch, the registrant shall also state |
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the following on the report filed under Section 305.006: |
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(1) the name of the member of the legislative or |
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executive branch in whose behalf the expenditure is made; |
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(2) the place and date of the expenditure; and |
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(3) the amount of the expenditure by the appropriate |
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category of the amount, as determined by the commission. |
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(c) If a registrant or a person on the registrant's behalf |
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and with the registrant's consent or ratification gives to a member |
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of the legislative or executive branch, or to the immediate family |
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of a member of the legislative or executive branch, a gift or an |
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award or memento, the value of which exceeds $50 per gift, award, or |
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memento, the registrant shall also state the following on the |
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report filed under Section 305.006: |
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(1) the name of the member of the legislative or |
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executive branch in whose behalf the expenditure is made; |
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(2) a general description of the gift, award, or |
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memento; and |
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(3) the amount of the expenditure by the appropriate |
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category of the amount, as determined by the commission. |
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(h) If more than one registrant or persons acting on behalf |
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of more than one registrant and with each registrant's consent or |
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ratification collaborate to make an expenditure described by |
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Section 305.006(b) together, each registrant shall report the total |
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amount of the shared expenditure as required by Subsection (a) or |
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(b), if the total amount of the shared expenditure exceeds the |
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amount provided under Subsection (a) or (b). |
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(i) If more than one registrant or persons acting on behalf |
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of more than one registrant and with each registrant's consent or |
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ratification collaborate to make an expenditure described by |
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Section 305.006(b) together, each registrant shall report the total |
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value of the shared expenditure as required by Subsection (c), if |
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the total value of the shared expenditure exceeds the amount |
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provided under Subsection (c). |
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SECTION 2. Section 305.024(a), Government Code, as amended |
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by Chapters 92 (S.B. 1011) and 206 (H.B. 1508), Acts of the 79th |
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Legislature, Regular Session, 2005, is reenacted and amended to |
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read as follows: |
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(a) Except as provided by Section 305.025, a person |
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registered under Section 305.005 or a person on the registrant's |
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behalf and with the registrant's consent or ratification may not |
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offer, confer, or agree to confer: |
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(1) to an individual described by Section |
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305.0062(a)(1), (2), (3), (4), or (5): |
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(A) a loan, including the guarantee or |
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endorsement of a loan; or |
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(B) a gift of cash or a negotiable instrument as |
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described by Section 3.104, Business & Commerce Code; or |
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(2) to an individual described by Section |
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305.0062(a)(1), (2), (3), (4), (5), (6), or (7): |
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(A) an expenditure for transportation and |
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lodging; |
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(B) an expenditure or series of expenditures for |
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entertainment that in the aggregate exceed $500 in a calendar year; |
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(C) an expenditure or series of expenditures for |
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gifts that in the aggregate exceed $500 in a calendar year; |
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(D) an expenditure for an award or memento that |
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exceeds $500; or |
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(E) an expenditure described by Section |
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305.006(b)(1), (2), (3), or (6) unless: |
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(i) [(A)] the registrant is present at the |
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event; or |
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(ii) [(B)] the expenditure is for a gift of |
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food or beverages required to be reported under Section |
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305.006(b)(4) in accordance with Section 305.0061(e-1). |
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SECTION 3. Section 305.024, Government Code, is amended by |
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adding Subsection (d) to read as follows: |
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(d) The registrant shall notify a member of the legislative |
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or executive branch when the registrant has reported, as to that |
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member of the legislative or executive branch, expenditures that, |
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in the aggregate, equal the monetary limits for expenditures under |
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Subsection (a)(2). |
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SECTION 4. Section 305.031(a), Government Code, is amended |
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to read as follows: |
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(a) A person commits an offense if the person intentionally |
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or knowingly violates a provision of this chapter other than |
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Section 305.022, 305.024(d), or 305.028. An offense under this |
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subsection is a Class A misdemeanor. |
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SECTION 5. Section 305.024(c), Government Code, is |
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repealed. |
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SECTION 6. The changes in law made by this Act apply only to |
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a gift, award, or memento given to or expenditures for |
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transportation, lodging, food, beverages, or entertainment made |
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for a member of the legislative or executive branch or the immediate |
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family of a member of the legislative or executive branch on or |
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after the effective date of this Act. A gift, award, or memento |
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given to or an expenditure for transportation, lodging, food, |
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beverages, or entertainment made for a member of the legislative or |
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executive branch or the immediate family of a member of the |
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legislative or executive branch before the effective date of this |
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Act is governed by the law in effect on the date the gift, award, or |
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memento was given, or the date the expenditure for transportation, |
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lodging, food, beverages, or entertainment was made, and the former |
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law is continued in effect for that purpose. |
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SECTION 7. This Act takes effect January 12, 2021. |