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.