By Madden H.B. No. 1666
74R4720 ESH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to lobbying the federal government by state officers and
1-3 employees.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Title 7, Government Code, is amended by adding
1-6 Chapter 743 to read as follows:
1-7 CHAPTER 743. LOBBYING FEDERAL GOVERNMENT BY
1-8 STATE OFFICERS AND EMPLOYEES
1-9 Sec. 743.001. DEFINITIONS. In this chapter:
1-10 (1) "Administrative action" means rulemaking,
1-11 licensing, or any other matter that may be the subject of action by
1-12 a federal agency, including the proposal, consideration, or
1-13 approval of the matter.
1-14 (2) "Federal agency" means any department, commission,
1-15 board, or office that is in the executive or legislative branch of
1-16 the federal government.
1-17 (3) "State agency" means:
1-18 (A) any department, commission, board, office,
1-19 or other agency that:
1-20 (i) is in the executive branch of state
1-21 government;
1-22 (ii) has authority that is not limited to
1-23 a geographical portion of the state; and
1-24 (iii) was created by the constitution or a
2-1 statute of this state; or
2-2 (B) an institution of higher education as
2-3 defined by Section 61.003, Education Code.
2-4 Sec. 743.002. TRAVELING OUTSIDE STATE TO LOBBY FEDERAL
2-5 GOVERNMENT PROHIBITED. Without the prior written consent of the
2-6 governor, a state agency may not approve travel expenses for an
2-7 officer or employee of the state agency to travel outside this
2-8 state to contact the United States Congress or a federal agency to
2-9 influence:
2-10 (1) federal administrative action; or
2-11 (2) federal legislation, including:
2-12 (A) a bill, resolution, amendment, nomination,
2-13 or other matter pending in either house of congress; or
2-14 (B) any matter that is or may be the subject of
2-15 action by either house or by a congressional committee, including
2-16 the introduction, consideration, passage, defeat, approval, or veto
2-17 of the matter.
2-18 Sec. 743.003. EXCEPTION: OFFICE OF STATE-FEDERAL RELATIONS.
2-19 Section 743.002 does not apply to the Office of State-Federal
2-20 Relations.
2-21 Sec. 743.004. EXCEPTION: OFFICE OF THE ATTORNEY GENERAL.
2-22 Section 743.002 does not apply to the office of the attorney
2-23 general if the attorney general is required by statute to represent
2-24 a state agency in connection with an administrative action.
2-25 SECTION 2. This Act takes effect September 1, 1995.
2-26 SECTION 3. The importance of this legislation and the
2-27 crowded condition of the calendars in both houses create an
3-1 emergency and an imperative public necessity that the
3-2 constitutional rule requiring bills to be read on three several
3-3 days in each house be suspended, and this rule is hereby suspended.