S.B. No. 452
AN ACT
1-1 relating to powers and duties of the Texas Ethics Commission, to
1-2 powers and duties of persons acting under certain laws administered
1-3 by the commission, and to the registration of persons who represent
1-4 inmates for compensation.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subsections (f), (g), and (k), Section 305.005,
1-7 Government Code, are amended to read as follows:
1-8 (f) The registration must be written and verified and must
1-9 contain:
1-10 (1) the registrant's full name and address;
1-11 (2) the registrant's normal business, business phone
1-12 number, and business address;
1-13 (3) the full name and address of each person:
1-14 (A) who reimburses, retains, or employs the
1-15 registrant to communicate directly with a member of the legislative
1-16 or executive branch to influence legislation or administrative
1-17 action; and
1-18 (B) on whose behalf the registrant has
1-19 communicated directly with a member of the legislative or executive
1-20 branch to influence legislation or administrative action;
1-21 (4) the subject matter and, if applicable, the <bill
1-22 number,> docket number<,> or other <legislative or> administrative
1-23 designation of the <legislation or> administrative action that is
1-24 the subject of the registrant's direct communication with a member
2-1 of the <legislative or> executive branch;
2-2 (5) for each person employed or retained by the
2-3 registrant for the purpose of assisting in direct communication
2-4 with a member of the legislative or executive branch to influence
2-5 legislation or administrative action:
2-6 (A) the full name, business address, and
2-7 occupation<, and date of employment or retention> of the person <by
2-8 the registrant>; and
2-9 (B) the subject matter and, if applicable, the
2-10 <bill number,> docket number<,> or other administrative designation
2-11 of the <legislation or> administrative action to which the person's
2-12 activities reportable under this section were related; and
2-13 (6) the amount of compensation or reimbursement paid
2-14 by each person who reimburses, retains, or employs the registrant
2-15 for the purpose of communicating directly with a member of the
2-16 legislative or executive branch or on whose behalf the registrant
2-17 communicates directly with a member of the legislative or executive
2-18 branch.
2-19 (g) Compensation or reimbursement required to be reported
2-20 under Subsection (f)(6) shall be reported in the following
2-21 categories unless reported as an exact amount:
2-22 (1) $0 if no compensation or reimbursement is
2-23 received;
2-24 (2) less than $10,000;
2-25 (3) <(2)> at least $10,000 but less than $25,000;
2-26 (4) <(3)> at least $25,000 but less than $50,000;
2-27 (5) <(4)> at least $50,000 but less than $100,000;
3-1 (6) <(5)> at least $100,000 but less than $150,000;
3-2 (7) <(6)> at least $150,000 but less than $200,000;
3-3 and
3-4 (8) <(7)> $200,000 or more.
3-5 (k) If there is a change in the information required to be
3-6 reported by a registrant under this section, other than Subsection
3-7 (h) or (i), and that changed information is not timely reported on
3-8 a report due under Section 305.007, the registrant shall file an
3-9 amended statement reflecting the change with the commission not
3-10 later than the date on which the next report is due under Section
3-11 305.007.
3-12 SECTION 2. Subsections (b) and (d), Section 305.006,
3-13 Government Code, are amended to read as follows:
3-14 (b) The report must contain the total expenditures under a
3-15 category listed in this subsection that the registrant made to
3-16 communicate directly with a member of the legislative or executive
3-17 branch to influence legislation or administrative action and that
3-18 are directly attributable, as that term is used in Section
3-19 305.0062(b), to a member of the legislative or executive branch or
3-20 the immediate family of a member of the legislative or executive
3-21 branch. The report must also include expenditures for the direct
3-22 communications under a category listed in this subsection that
3-23 other people made on the registrant's behalf if the expenditures
3-24 were made with the registrant's consent or were ratified by the
3-25 registrant. The expenditures must be reported in the following
3-26 categories:
3-27 (1) transportation and lodging;
4-1 (2) food and beverages;
4-2 (3) entertainment;
4-3 (4) gifts, other than awards and mementos;
4-4 (5) awards and mementos; and
4-5 (6) expenditures made for the attendance of members of
4-6 the legislative or executive branch at political fund-raisers or
4-7 charity events.
4-8 (d) The report must also contain a list of the specific
4-9 categories of subject matters about which the registrant, any
4-10 person the registrant retains or employs to appear on the
4-11 registrant's behalf, or any other person appearing on the
4-12 registrant's behalf communicated directly with a member of the
4-13 legislative or executive branch and that has not been reported
4-14 under Section 305.005. The list must include the number or other
4-15 designation assigned to the <legislation or> administrative action,
4-16 if known.
4-17 SECTION 3. Subsections (a) and (d), Section 305.0062,
4-18 Government Code, are amended to read as follows:
4-19 (a) The report filed under Section 305.006 must also contain
4-20 the total expenditures described by Section 305.006(b) that are
4-21 directly attributable to members of the legislative or executive
4-22 branch <and those that are directly attributable to the
4-23 registrant>. The expenditures must be stated in only one of the
4-24 following categories:
4-25 (1) state senators;
4-26 (2) state representatives;
4-27 (3) elected or appointed state officers, other than
5-1 those described by Subdivision (1) or (2);
5-2 (4) legislative agency employees;
5-3 (5) executive agency employees;
5-4 (6) the immediate family of a member of the
5-5 legislative or executive branch;
5-6 <(7) the registrant;> and
5-7 (7) <(8)> events to which all legislators are invited.
5-8 (d) If a registrant cannot reasonably determine the amount
5-9 of an expenditure under Section 305.006(b) that is directly
5-10 attributable to a member of the legislative or executive branch <or
5-11 to the registrant> as required by Subsection (a), the registrant
5-12 shall apportion the expenditure made by that registrant or by
5-13 others on the registrant's behalf and with the registrant's consent
5-14 or ratification according to the total number of persons in
5-15 attendance. However, if an expenditure is for an event to which
5-16 all legislators are invited, the registrant shall report the
5-17 expenditure under Subsection (a)(7) <(a)(8)> and not under any
5-18 other subdivision of that subsection or any other provision of this
5-19 chapter.
5-20 SECTION 4. Section 305.025, Government Code, is amended to
5-21 read as follows:
5-22 Sec. 305.025. Exceptions. Section 305.024 does not
5-23 prohibit:
5-24 (1) a loan in the due course of business from a
5-25 corporation or other business entity that is legally engaged in the
5-26 business of lending money and that has conducted that business
5-27 continuously for more than one year before the loan is made;
6-1 (2) a loan or guarantee of a loan or a gift made or
6-2 given by a person related within the second degree by affinity or
6-3 consanguinity to the member of the legislative or executive branch;
6-4 (3) necessary expenditures for transportation and
6-5 lodging when the purpose of the travel is to explore matters
6-6 directly related to the duties of a member of the legislative or
6-7 executive branch, such as fact-finding trips, but not including
6-8 attendance at merely ceremonial events or pleasure trips;
6-9 (4) necessary expenditures for transportation and
6-10 lodging provided in connection with a conference, seminar,
6-11 educational program, or similar event in which the member renders
6-12 services, such as addressing an audience or engaging in a seminar,
6-13 to the extent that those services are more than merely perfunctory;
6-14 <or>
6-15 (5) an incidental expenditure for transportation as
6-16 determined by commission rule; or
6-17 (6) a political contribution as defined by Section
6-18 251.001, Election Code.
6-19 SECTION 5. Subsection (a), Section 305.031, Government Code,
6-20 is amended to read as follows:
6-21 (a) A person commits an offense if the person intentionally
6-22 or knowingly violates a provision of this chapter other than
6-23 Section 305.0011 or 305.022. An offense under this subsection is a
6-24 Class A misdemeanor.
6-25 SECTION 6. Subchapter C, Chapter 571, Government Code, is
6-26 amended by adding Section 571.077 to read as follows:
6-27 Sec. 571.077. STATEMENTS, REGISTRATIONS, AND REPORTS
7-1 CONSIDERED TO BE VERIFIED. (a) A statement, registration, or
7-2 report that is filed with the commission is considered to be under
7-3 oath by the person required to file the statement, registration, or
7-4 report regardless of the absence of or defect in the affidavit of
7-5 verification, including a signature.
7-6 (b) A person required to file a statement, registration, or
7-7 report with the commission is subject to prosecution under Chapter
7-8 37, Penal Code, regardless of the absence of or defect in the
7-9 affidavit of verification.
7-10 (c) This section applies to a statement, registration, or
7-11 report that is filed with the commission electronically or
7-12 otherwise.
7-13 SECTION 7. Subsections (a) and (e), Section 253.032,
7-14 Election Code, are amended to read as follows:
7-15 (a) In a reporting period, a candidate, officeholder, or
7-16 political committee may not knowingly accept political
7-17 contributions totaling more than $500 from an out-of-state
7-18 political committee unless, before accepting a contribution that
7-19 would cause the total to exceed $500, the candidate, officeholder,
7-20 or political committee, as applicable, receives from the
7-21 out-of-state committee:
7-22 (1) a written statement, certified by an officer of
7-23 the out-of-state committee, listing the full name and address of
7-24 each person who contributed more than $100 to the out-of-state
7-25 committee during the 12 months immediately preceding the date of
7-26 the contribution; or
7-27 (2) a copy of the out-of-state committee's statement
8-1 of organization filed as required by law with the Federal Election
8-2 Commission and certified by an officer of the out-of-state
8-3 committee <the commission>.
8-4 (e) A candidate, officeholder, or political committee that
8-5 accepts political contributions totaling $500 or less from an
8-6 out-of-state political committee shall include as part of the
8-7 report filed under Chapter 254 that covers the reporting period in
8-8 which the contribution is accepted:
8-9 (1) the same information for the out-of-state
8-10 political committee required for general-purpose committees by
8-11 Sections 252.002 and 252.003; or
8-12 (2) a copy of the out-of-state committee's statement
8-13 of organization filed as required by law with the Federal Election
8-14 Commission and certified by an officer of the out-of-state
8-15 committee <the commission>.
8-16 SECTION 8. Subchapter B, Chapter 253, Election Code, is
8-17 amended by adding Section 253.0351 to read as follows:
8-18 Sec. 253.0351. LOANS FROM PERSONAL FUNDS. (a) A candidate
8-19 or officeholder who makes political expenditures from his personal
8-20 funds may report the amount expended as a loan and may reimburse
8-21 his personal funds from political contributions in the amount of
8-22 the reported loan.
8-23 (b) Section 253.035(h) applies if the person does not report
8-24 an amount as a loan as authorized by Subsection (a).
8-25 SECTION 9. Subsection (h), Section 253.035, Election Code,
8-26 is amended to read as follows:
8-27 (h) Except as provided by Section 253.0351 or 253.042, a
9-1 candidate or officeholder who makes political expenditures from his
9-2 personal funds may reimburse his personal funds from political
9-3 contributions in the amount of those expenditures only if:
9-4 (1) the expenditures from personal funds were fully
9-5 reported as political expenditures, including the payees, dates,
9-6 purposes, and amounts of the expenditures, in the report required
9-7 to be filed under this title that covers the period in which the
9-8 expenditures from personal funds were made; and
9-9 (2) the report on which the expenditures from personal
9-10 funds are disclosed clearly designates those expenditures as having
9-11 been made from the person's personal funds and that the
9-12 expenditures are subject to reimbursement.
9-13 SECTION 10. Subsections (b), (g), and (h), Section 11,
9-14 Article 42.18, Code of Criminal Procedure, are amended to read as
9-15 follows:
9-16 (b) A person who represents an inmate for compensation:
9-17 (1) must be an attorney licensed in this state; and
9-18 (2) must register with the pardons and paroles
9-19 division <Texas Ethics Commission>.
9-20 (g) A person required to register under this section shall,
9-21 for each calendar year the person represents an inmate, file a
9-22 representation summary form with the pardons and paroles division
9-23 <Texas Ethics Commission> on a form prescribed by the division
9-24 <commission>. The form must be filed not later than the last day
9-25 of January in the first year following the reporting period and
9-26 include:
9-27 (1) the registrant's full name and address;
10-1 (2) the registrant's normal business, business phone
10-2 number, and business address;
10-3 (3) the full name of any former member or employee of
10-4 the Board of Pardons and Paroles or the Texas Board of Criminal
10-5 Justice or any former employee of the Texas Department of Criminal
10-6 Justice with whom the person:
10-7 (A) is associated;
10-8 (B) has a relationship as an employer or
10-9 employee; or
10-10 (C) maintains a contractual relationship to
10-11 provide services;
10-12 (4) the full name and institutional identification
10-13 number of each inmate the registrant represented in the previous
10-14 calendar year; and
10-15 (5) the amount of compensation the person has received
10-16 for representing each inmate in the previous calendar year.
10-17 (h) A person who registers under Subsection (g) of this
10-18 section and for whom the information required for registration has
10-19 changed shall, not later than the 10th day after the date the
10-20 information changes, file a supplemental statement with the pardons
10-21 and paroles division <Texas Ethics Commission> indicating the
10-22 change.
10-23 SECTION 11. The following are repealed:
10-24 (1) Section 253.040, Election Code; and
10-25 (2) Subsections (i) and (l), Section 11, Article
10-26 42.18, Code of Criminal Procedure.
10-27 SECTION 12. (a) Except as provided by Subsection (b) of
11-1 this section, this Act takes effect September 1, 1995, and applies
11-2 to a statement, registration, or report required to be filed with
11-3 the Texas Ethics Commission on or after that date.
11-4 (b) Section 10 and Subdivision (2), Section 11, of this Act
11-5 take effect January 1, 1996.
11-6 SECTION 13. The importance of this legislation and the
11-7 crowded condition of the calendars in both houses create an
11-8 emergency and an imperative public necessity that the
11-9 constitutional rule requiring bills to be read on three several
11-10 days in each house be suspended, and this rule is hereby suspended.