By: Carriker S.B. No. 1006
73R6800 KLL-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of persons who communicate to influence
1-3 legislation or administrative action and to benefits accepted by
1-4 public servants.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 305.003, Government Code, is amended to
1-7 read as follows:
1-8 Sec. 305.003. PERSONS REQUIRED TO REGISTER. (a) A person
1-9 must register with the commission under this chapter if the person:
1-10 (1) makes a total expenditure of an amount determined
1-11 by commission rule but not less than $200 in a calendar quarter,
1-12 not including the person's own travel, food, or lodging expenses or
1-13 the person's own membership dues, on activities described in
1-14 Section 305.006(b) to communicate directly with one or more members
1-15 of the legislative or executive branch to influence legislation or
1-16 administrative action; and <or>
1-17 (2) receives compensation or reimbursement, not
1-18 including reimbursement for the person's own travel, food, or
1-19 lodging expenses or the person's own membership dues, of more than
1-20 an amount determined by commission rule but not less than $200 in a
1-21 calendar quarter from another person to communicate directly with a
1-22 member of the legislative or executive branch to influence
1-23 legislation or administrative action.
1-24 (b) Subsection (a)(2) requires a person to register if the
2-1 person, as part of his regular employment, has communicated
2-2 directly with a member of the legislative or executive branch to
2-3 influence legislation or administrative action on behalf of the
2-4 person by whom he is compensated or reimbursed, whether or not the
2-5 person receives any compensation for the communication in addition
2-6 to the salary for that regular employment. However, Subsection
2-7 (a)(2) does not require a member of the judicial, legislative, or
2-8 executive branch of state government or an officer or employee of a
2-9 political subdivision of the state to register.
2-10 <(c) A person who communicates directly with a member of the
2-11 executive branch to influence administrative action is not required
2-12 to register under Subsection (a)(2) if the person is an attorney of
2-13 record or pro se, the person enters his appearance in a public
2-14 record through pleadings or other written documents in a docketed
2-15 case pending before a state agency, and that communication is the
2-16 only activity that would otherwise require the person to register.>
2-17 SECTION 2. Subchapter A, Chapter 305, Government Code, is
2-18 amended by adding Section 305.0041 to read as follows:
2-19 Sec. 305.0041. REGISTRATION EXCEPTION FOR CERTAIN ENTITIES.
2-20 A corporation, association, firm, partnership, committee, club,
2-21 organization, or group of persons voluntarily acting in concert is
2-22 not required to register under this chapter if a registrant whom
2-23 the entity reimburses, retains, or employs reports expenditures
2-24 attributable to the entity that are required to be reported under
2-25 Section 305.006. A registrant who is present at the time of an
2-26 expenditure by the entity in order to satisfy the presence
2-27 requirements of Section 305.024(a)(7) shall report those
3-1 expenditures on behalf of the entity.
3-2 SECTION 3. Section 305.006, Government Code, is amended by
3-3 adding Subsection (g) to read as follows:
3-4 (g) A registrant is not required to report under this
3-5 chapter an expenditure for the registrant's own transportation or
3-6 lodging expenses made to communicate directly with a member of the
3-7 legislative or executive branch if the registrant makes no
3-8 expenditures in connection with that occasion for the member's
3-9 transportation or lodging expenses.
3-10 SECTION 4. Section 305.008(a), Government Code, is amended
3-11 to read as follows:
3-12 (a) A person who ceases to engage in activities requiring
3-13 registration under this chapter shall file a written, verified
3-14 statement with the commission <secretary> acknowledging the
3-15 termination of activities. The notice is effective immediately.
3-16 SECTION 5. Subchapter A, Chapter 305, Government Code, is
3-17 amended by adding Section 305.012 to read as follows:
3-18 Sec. 305.012. AFFIDAVIT REQUIRED. (a) Each registration,
3-19 report, or termination notice filed under this chapter must be
3-20 accompanied by an affidavit executed by the person required to file
3-21 the registration, report, or termination notice.
3-22 (b) The affidavit must contain the statement: "I swear, or
3-23 affirm, that the accompanying document is true and correct to the
3-24 best of my knowledge and includes all information required to be
3-25 reported by me under Chapter 305, Government Code."
3-26 SECTION 6. Section 305.025, Government Code, is amended to
3-27 read as follows:
4-1 Sec. 305.025. EXCEPTIONS. Section 305.024 does not
4-2 prohibit:
4-3 (1) a loan in the due course of business from a
4-4 corporation or other business entity that is legally engaged in the
4-5 business of lending money and that has conducted that business
4-6 continuously for more than one year before the loan is made;
4-7 (2) a loan or guarantee of a loan or a gift made or
4-8 given by a person related within the second degree by affinity or
4-9 consanguinity to the member of the legislative or executive branch;
4-10 (3) necessary expenditures for transportation and
4-11 lodging when the purpose of the travel is to explore matters
4-12 directly related to the duties of a member of the legislative or
4-13 executive branch, such as fact-finding trips, but not including
4-14 attendance at merely ceremonial events or pleasure trips;
4-15 (4) necessary expenditures for transportation and
4-16 lodging provided in connection with a conference or similar event
4-17 in which the member renders services, such as addressing an
4-18 audience or engaging in a seminar, to the extent that those
4-19 services are more than merely perfunctory;
4-20 (5) expenditures for transportation or lodging for a
4-21 member of the legislative or executive branch, or for an immediate
4-22 family member's transportation and lodging, that are reimbursed by
4-23 the member of the legislative or executive branch; or
4-24 (6) <(5)> a political contribution as defined by
4-25 Section 251.001, Election Code.
4-26 SECTION 7. Section 36.01(5), Penal Code, is amended to read
4-27 as follows:
5-1 (5) "Benefit" means anything reasonably regarded as
5-2 pecuniary gain or pecuniary advantage, and includes a <including>
5-3 benefit to any other person in whose welfare the beneficiary has a
5-4 direct and substantial interest, but does not include food and
5-5 beverage with a combined value of less than $50 for each occasion.
5-6 SECTION 8. Sections 36.02(a) and (d), Penal Code, are
5-7 amended to read as follows:
5-8 (a) A person commits an offense if he intentionally or
5-9 knowingly offers, confers, or agrees to confer on another, or
5-10 solicits, accepts, or agrees to accept from another:
5-11 (1) any benefit as consideration for the recipient's
5-12 decision, opinion, recommendation, vote, or other exercise of
5-13 discretion as a public servant, party official, or voter;
5-14 (2) any benefit as consideration for the recipient's
5-15 decision, vote, recommendation, or other exercise of official
5-16 discretion in a judicial or administrative proceeding;
5-17 (3) any benefit as consideration for a violation of a
5-18 duty imposed by law on a public servant or party official; or
5-19 (4) any benefit that is a political contribution as
5-20 defined by Title 15, Election Code, or that is an expenditure
5-21 required to be reported under Chapter 305, Government Code, if the
5-22 benefit was offered, conferred, solicited, accepted, or agreed to
5-23 pursuant to an express agreement to take or withhold a specific
5-24 exercise of official discretion if such exercise of official
5-25 discretion would not have been taken or withheld but for the
5-26 benefit; notwithstanding any rule of evidence or jury instruction
5-27 allowing factual inferences in the absence of certain evidence,
6-1 direct evidence of the express agreement shall be required in any
6-2 prosecution under this subdivision.
6-3 (d) It is an exception to the application of Subdivisions
6-4 (1), (2), and (3) of Subsection (a) of this section that the
6-5 benefit is a political contribution <accepted> as defined by Title
6-6 15, Election Code, or an expenditure required to be reported under
6-7 Chapter 305, Government Code.
6-8 SECTION 9. Section 36.07(b), Penal Code, is amended to read
6-9 as follows:
6-10 (b) This section does not prohibit a public servant from
6-11 accepting transportation and lodging expenses <permitted under
6-12 Section 305.025(b)(2), Government Code,> in connection with a
6-13 conference or similar event in which the public servant renders
6-14 services, such as addressing an audience or engaging in a seminar,
6-15 to the extent that those services are more than merely perfunctory,
6-16 or from accepting meals in connection with such an event.
6-17 SECTION 10. (a) The change in law made by this Act applies
6-18 only to an offense committed on or after the effective date of this
6-19 Act. For purposes of this section, an offense is committed before
6-20 the effective date of this Act if any element of the offense occurs
6-21 before the effective date.
6-22 (b) An offense committed before the effective date of this
6-23 Act is covered by the law in effect when the offense was committed,
6-24 and the former law is continued in effect for that purpose.
6-25 SECTION 11. The importance of this legislation and the
6-26 crowded condition of the calendars in both houses create an
6-27 emergency and an imperative public necessity that the
7-1 constitutional rule requiring bills to be read on three several
7-2 days in each house be suspended, and this rule is hereby suspended,
7-3 and that this Act take effect and be in force from and after its
7-4 passage, and it is so enacted.