By: Lucio S.B. No. 1483
A BILL TO BE ENTITLED
AN ACT
1-1 relating to certain contributions made to an association or
1-2 organization of employees of a regulatory agency.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 7B, Chapter 412, Acts of the 63rd
1-5 Legislature, Regular Session, 1973 (Article 6252-9b, Vernon's Texas
1-6 Civil Statutes), is amended to read as follows:
1-7 Sec. 7B. Certain solicitations of regulated business
1-8 entities prohibited. (a) Except as provided by Subsection (c) of
1-9 this section, an <An> association or organization of employees of
1-10 one regulatory agency, other than an agency regulating the
1-11 operation of motor vehicles or the inspection thereof or an agency
1-12 charged with enforcing the parks and wildlife laws of this state,
1-13 may not solicit, accept, or agree to accept any thing of value from
1-14 any business entity regulated by that agency and from which the
1-15 business entity must obtain a permit to operate that business in
1-16 this state or from an individual directly or indirectly connected
1-17 with that business entity.
1-18 (b) Except as provided by Subsection (c) of this section, a
1-19 <A> business entity regulated by one regulatory agency, other than
1-20 an agency regulating the operation of motor vehicles or the
1-21 inspection thereof or an agency charged with enforcing the parks
1-22 and wildlife laws of this state, and required to obtain a permit
1-23 from that agency to operate that business in this state, or an
2-1 individual directly or indirectly connected with that business
2-2 entity, may not offer, confer, or agree to confer on an association
2-3 or organization of employees of that agency any thing of value.
2-4 (c) An association or organization of employees of a
2-5 regulatory agency regulating the sale of alcoholic beverages, but
2-6 not commissioned officers of such agency, may solicit, accept, or
2-7 agree to accept, and a business entity regulated by that regulatory
2-8 agency and required to obtain a permit from that agency to operate
2-9 that business in this state, or a person directly or indirectly
2-10 connected with that business entity, may offer, confer, or agree to
2-11 confer on an association or organization of employees of that
2-12 agency, a thing of value:
2-13 (1) if the following conditions are met:
2-14 (A) the initial contact by the association or
2-15 organization with the business entity regarding a contribution is
2-16 by direct mail or general promotional advertising;
2-17 (B) the association or organization makes
2-18 telephone or personal contact with a business entity regarding a
2-19 contribution only after the entity has responded to a direct mail
2-20 contact or after the entity initiates communications with the
2-21 association or organization; and
2-22 (C) the business entity's contributions to the
2-23 association or organization do not exceed $100 annually; or
2-24 (2) if the thing of value is a grant made to the
2-25 association or organization by a foundation or nonprofit
3-1 corporation organized for the purpose of public service or
3-2 education that is related to the industry regulated by the agency.
3-3 (d) A person commits an offense if the person intentionally
3-4 or knowingly violates this section. An offense under this section
3-5 is a Class A misdemeanor.
3-6 SECTION 2. The importance of this legislation and the
3-7 crowded condition of the calendars in both houses create an
3-8 emergency and an imperative public necessity that the
3-9 constitutional rule requiring bills to be read on three several
3-10 days in each house be suspended, and this rule is hereby suspended,
3-11 and that this Act take effect and be in force from and after its
3-12 passage, and it is so enacted.