By Nelson S.B. No. 184
74R2363 KLL-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the representation of a person before an executive
1-3 state agency by a member of the legislature.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 572.052, Government Code, is amended to
1-6 read as follows:
1-7 Sec. 572.052. REPRESENTATION BY LEGISLATORS BEFORE STATE
1-8 AGENCIES; CRIMINAL OFFENSE. (a) A member of the legislature may
1-9 not, for compensation, represent another person before a state
1-10 agency in the executive branch of state government <unless:>
1-11 <(1) the representation is made in a proceeding that
1-12 is adversary in nature or in another public hearing that is a
1-13 matter of record; or>
1-14 <(2) the representation involves the filing of
1-15 documents, contacts with the agency, or other relations, that
1-16 involve only ministerial acts on the part of the commission,
1-17 agency, board, department, or officer>.
1-18 (b) This section does not apply to representation before:
1-19 (1) the Board of Pardons and Paroles; or
1-20 (2) the Texas Workers' Compensation Commission.
1-21 (c) A member of the legislature commits an offense if the
1-22 member violates this section. An offense under this subsection is
1-23 a Class A misdemeanor.
1-24 SECTION 2. Section 572.025, Government Code, is amended to
2-1 read as follows:
2-2 Sec. 572.025. INFORMATION ABOUT LEGISLATORS' REPRESENTATION
2-3 BEFORE CERTAIN EXECUTIVE STATE AGENCIES. A member of the
2-4 legislature who represents another person for compensation before
2-5 an executive state agency listed in Section 572.052(b) shall report
2-6 on the financial statement:
2-7 (1) the name of the agency;
2-8 (2) the person represented by the member; and
2-9 (3) the category of the amount of compensation
2-10 received by the member for that representation.
2-11 SECTION 3. This Act applies to representation before an
2-12 executive state agency on or after the effective date of this Act,
2-13 without regard to when the member of the legislature was retained
2-14 for the representation and without regard to whether the
2-15 representation involves a continuing proceeding initiated before
2-16 the effective date of this Act.
2-17 SECTION 4. A member of the legislature who engages in an
2-18 activity permitted by Section 572.052, Government Code, as that
2-19 section existed before the effective date of this Act, shall report
2-20 that activity on the member's financial statement for the calendar
2-21 year beginning January 1, 1995. The report shall be made as
2-22 provided by Section 572.025, Government Code, as that section
2-23 existed before the effective date of this Act, and that section as
2-24 it then existed is continued in effect for that purpose.
2-25 SECTION 5. This Act takes effect September 1, 1995.
2-26 SECTION 6. 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.