By: Place H.B. No. 501
73R457 CLG-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to prohibiting former members of the Board of Pardons and
1-3 Paroles and former directors and employees of the pardons and
1-4 paroles division of the Texas Department of Criminal Justice from
1-5 representing persons before the board; providing penalties.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. Article 42.18, Code of Criminal Procedure, is
1-8 amended by adding Section 4A to read as follows:
1-9 Sec. 4A. PROHIBITED REPRESENTATION. (a) A person serving
1-10 as a member of the board or the director may not, for a period of
1-11 two years after the date the person ceases to be a board member or
1-12 director, represent any person in a matter before the board or
1-13 receive compensation for services rendered on behalf of any person
1-14 regarding a matter pending before the board.
1-15 (b) A person, other than a person subject to Subsection (a)
1-16 of this section, who is employed by the pardons and paroles
1-17 division may not, for a period of two years after the date the
1-18 person terminates service with the pardons and paroles division,
1-19 represent any person in a matter before the board or receive
1-20 compensation for services rendered on behalf of any person
1-21 regarding a matter pending before the board. This subsection does
1-22 apply to an employee exempt from the state's position
1-23 classification plan, but does not apply to an employee who was
1-24 compensated at a salary less than the salary prescribed by the
2-1 General Appropriations Act for step 1, salary group 17, of the
2-2 position classification salary schedule.
2-3 (c) A former member of the board, a former director, or a
2-4 former employee of the pardons and paroles division described by
2-5 Subsection (b) of this section may not represent any person or
2-6 receive compensation for services rendered on behalf of any person
2-7 regarding a matter with which the former member, director, or
2-8 employee was directly concerned during the period of service or
2-9 employment on or with the board or pardons and paroles division,
2-10 either through personal involvement or because the matter was
2-11 within the member's, director's, or employee's official
2-12 responsibility while associated with the board.
2-13 (d) A former member, director, or employee of the pardons
2-14 and paroles division commits an offense if the former member,
2-15 director, or employee violates this section. An offense under this
2-16 subsection is a Class A misdemeanor.
2-17 SECTION 2. The change in law made by this Act applies only
2-18 to a person who ceases to be a member of the Board of Pardons and
2-19 Paroles, the director of the pardons and paroles division, or an
2-20 employee of the pardons and paroles division on or after the
2-21 effective date of this Act.
2-22 SECTION 3. This Act takes effect September 1, 1993.
2-23 SECTION 4. The importance of this legislation and the
2-24 crowded condition of the calendars in both houses create an
2-25 emergency and an imperative public necessity that the
2-26 constitutional rule requiring bills to be read on three several
2-27 days in each house be suspended, and this rule is hereby suspended.