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.