By Rosson S.B. No. 452
74R2948 KLL-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to powers and duties of the Texas Ethics Commission, to
1-3 powers and duties of persons acting under certain laws administered
1-4 by the commission, and to the registration of persons who represent
1-5 inmates for compensation.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. Sections 305.005(f), (g), and (k), Government
1-8 Code, are amended to read as follows:
1-9 (f) The registration must be written and verified and must
1-10 contain:
1-11 (1) the registrant's full name and address;
1-12 (2) the registrant's normal business, business phone
1-13 number, and business address;
1-14 (3) the full name and address of each person:
1-15 (A) who reimburses, retains, or employs the
1-16 registrant to communicate directly with a member of the legislative
1-17 or executive branch to influence legislation or administrative
1-18 action; and
1-19 (B) on whose behalf the registrant has
1-20 communicated directly with a member of the legislative or executive
1-21 branch to influence legislation or administrative action;
1-22 (4) the subject matter and, if applicable, the <bill
1-23 number,> docket number<,> or other <legislative or> administrative
1-24 designation of the <legislation or> administrative action that is
2-1 the subject of the registrant's direct communication with a member
2-2 of the <legislative or> executive branch;
2-3 (5) for each person employed or retained by the
2-4 registrant for the purpose of assisting in direct communication
2-5 with a member of the legislative or executive branch to influence
2-6 legislation or administrative action:
2-7 (A) the full name, business address, and
2-8 occupation<, and date of employment or retention> of the person <by
2-9 the registrant>; and
2-10 (B) the subject matter and, if applicable, the
2-11 <bill number,> docket number<,> or other administrative designation
2-12 of the <legislation or> administrative action to which the person's
2-13 activities reportable under this section were related; and
2-14 (6) the amount of compensation or reimbursement paid
2-15 by each person who reimburses, retains, or employs the registrant
2-16 for the purpose of communicating directly with a member of the
2-17 legislative or executive branch or on whose behalf the registrant
2-18 communicates directly with a member of the legislative or executive
2-19 branch.
2-20 (g) Compensation or reimbursement required to be reported
2-21 under Subsection (f)(6) shall be reported in the following
2-22 categories unless reported as an exact amount:
2-23 (1) $0 if no compensation or reimbursement is
2-24 received;
2-25 (2) less than $10,000;
2-26 (3) <(2)> at least $10,000 but less than $25,000;
2-27 (4) <(3)> at least $25,000 but less than $50,000;
3-1 (5) <(4)> at least $50,000 but less than $100,000;
3-2 (6) <(5)> at least $100,000 but less than $150,000;
3-3 (7) <(6)> at least $150,000 but less than $200,000;
3-4 and
3-5 (8) <(7)> $200,000 or more.
3-6 (k) If there is a change in the information required to be
3-7 reported by a registrant under this section, other than Subsection
3-8 (h) or (i), and that changed information is not timely reported on
3-9 a report due under Section 305.007, the registrant shall file an
3-10 amended statement reflecting the change with the commission not
3-11 later than the date on which the next report is due under Section
3-12 305.007.
3-13 SECTION 2. Sections 305.006(b) and (d), Government Code, are
3-14 amended to read as follows:
3-15 (b) The report must contain the total expenditures under a
3-16 category listed in this subsection that the registrant made to
3-17 communicate directly with a member of the legislative or executive
3-18 branch to influence legislation or administrative action and that
3-19 are directly attributable, as that term is used in Section
3-20 305.0062(b), to a member of the legislative or executive branch or
3-21 the immediate family of a member of the legislative or executive
3-22 branch. The report must also include expenditures for the direct
3-23 communications under a category listed in this subsection that
3-24 other people made on the registrant's behalf if the expenditures
3-25 were made with the registrant's consent or were ratified by the
3-26 registrant. The expenditures must be reported in the following
3-27 categories:
4-1 (1) transportation and lodging;
4-2 (2) food and beverages;
4-3 (3) entertainment;
4-4 (4) gifts, other than awards and mementos;
4-5 (5) awards and mementos; and
4-6 (6) expenditures made for the attendance of members of
4-7 the legislative or executive branch at political fund-raisers or
4-8 charity events.
4-9 (d) The report must also contain a list of the specific
4-10 categories of subject matters about which the registrant, any
4-11 person the registrant retains or employs to appear on the
4-12 registrant's behalf, or any other person appearing on the
4-13 registrant's behalf communicated directly with a member of the
4-14 legislative or executive branch and that has not been reported
4-15 under Section 305.005. The list must include the number or other
4-16 designation assigned to the <legislation or> administrative action,
4-17 if known.
4-18 SECTION 3. Sections 305.0062(a) and (d), Government Code,
4-19 are amended to read as follows:
4-20 (a) The report filed under Section 305.006 must also contain
4-21 the total expenditures described by Section 305.006(b) that are
4-22 directly attributable to members of the legislative or executive
4-23 branch <and those that are directly attributable to the
4-24 registrant>. The expenditures must be stated in only one of the
4-25 following categories:
4-26 (1) state senators;
4-27 (2) state representatives;
5-1 (3) elected or appointed state officers, other than
5-2 those described by Subdivision (1) or (2);
5-3 (4) legislative agency employees;
5-4 (5) executive agency employees;
5-5 (6) the immediate family of a member of the
5-6 legislative or executive branch;
5-7 <(7) the registrant;> and
5-8 (7) <(8)> events to which all legislators are invited.
5-9 (d) If a registrant cannot reasonably determine the amount
5-10 of an expenditure under Section 305.006(b) that is directly
5-11 attributable to a member of the legislative or executive branch <or
5-12 to the registrant> as required by Subsection (a), the registrant
5-13 shall apportion the expenditure made by that registrant or by
5-14 others on the registrant's behalf and with the registrant's consent
5-15 or ratification according to the total number of persons in
5-16 attendance. However, if an expenditure is for an event to which
5-17 all legislators are invited, the registrant shall report the
5-18 expenditure under Subsection (a)(7) <(a)(8)> and not under any
5-19 other subdivision of that subsection or any other provision of this
5-20 chapter.
5-21 SECTION 4. Section 305.025, Government Code, is amended to
5-22 read as follows:
5-23 Sec. 305.025. Exceptions. Section 305.024 does not
5-24 prohibit:
5-25 (1) a loan in the due course of business from a
5-26 corporation or other business entity that is legally engaged in the
5-27 business of lending money and that has conducted that business
6-1 continuously for more than one year before the loan is made;
6-2 (2) a loan or guarantee of a loan or a gift made or
6-3 given by a person related within the second degree by affinity or
6-4 consanguinity to the member of the legislative or executive branch;
6-5 (3) necessary expenditures for transportation and
6-6 lodging when the purpose of the travel is to explore matters
6-7 directly related to the duties of a member of the legislative or
6-8 executive branch, such as fact-finding trips, but not including
6-9 attendance at merely ceremonial events or pleasure trips;
6-10 (4) necessary expenditures for transportation and
6-11 lodging provided in connection with a conference, seminar,
6-12 educational program, or similar event in which the member renders
6-13 services, such as addressing an audience or engaging in a seminar,
6-14 to the extent that those services are more than merely perfunctory;
6-15 <or>
6-16 (5) an incidental expenditure for transportation as
6-17 determined by commission rule; or
6-18 (6) a political contribution as defined by Section
6-19 251.001, Election Code.
6-20 SECTION 5. Section 305.031(a), Government Code, is amended
6-21 to read as follows:
6-22 (a) A person commits an offense if the person intentionally
6-23 or knowingly violates a provision of this chapter other than
6-24 Section 305.0011 or 305.022. An offense under this subsection is a
6-25 Class A misdemeanor.
6-26 SECTION 6. Subchapter C, Chapter 571, Government Code, is
6-27 amended by adding Section 571.077 to read as follows:
7-1 Sec. 571.077. STATEMENTS, REGISTRATIONS, AND REPORTS
7-2 CONSIDERED TO BE VERIFIED. (a) A statement, registration, or
7-3 report that is filed with the commission is considered to be under
7-4 oath by the person required to file the statement, registration, or
7-5 report regardless of the absence of or defect in the affidavit of
7-6 verification, including a signature.
7-7 (b) A person required to file a statement, registration, or
7-8 report with the commission is subject to prosecution under Chapter
7-9 37, Penal Code, regardless of the absence of or defect in the
7-10 affidavit of verification.
7-11 (c) This section applies to a statement, registration, or
7-12 report that is filed with the commission electronically or
7-13 otherwise.
7-14 SECTION 7. Sections 253.032(a) and (e), Election Code, are
7-15 amended to read as follows:
7-16 (a) In a reporting period, a candidate, officeholder, or
7-17 political committee may not knowingly accept political
7-18 contributions totaling more than $500 from an out-of-state
7-19 political committee unless, before accepting a contribution that
7-20 would cause the total to exceed $500, the candidate, officeholder,
7-21 or political committee, as applicable, receives from the
7-22 out-of-state committee:
7-23 (1) a written statement, certified by an officer of
7-24 the out-of-state committee, listing the full name and address of
7-25 each person who contributed more than $100 to the out-of-state
7-26 committee during the 12 months immediately preceding the date of
7-27 the contribution; or
8-1 (2) a copy of the out-of-state committee's statement
8-2 of organization filed as required by law with the Federal Election
8-3 Commission and certified by an officer of the out-of-state
8-4 committee <the commission>.
8-5 (e) A candidate, officeholder, or political committee that
8-6 accepts political contributions totaling $500 or less from an
8-7 out-of-state political committee shall include as part of the
8-8 report filed under Chapter 254 that covers the reporting period in
8-9 which the contribution is accepted:
8-10 (1) the same information for the out-of-state
8-11 political committee required for general-purpose committees by
8-12 Sections 252.002 and 252.003; or
8-13 (2) a copy of the out-of-state committee's statement
8-14 of organization filed as required by law with the Federal Election
8-15 Commission and certified by an officer of the out-of-state
8-16 committee <the commission>.
8-17 SECTION 8. Sections 11(b), (g), and (h), Article 42.18, Code
8-18 of Criminal Procedure, are amended to read as follows:
8-19 (b) A person who represents an inmate for compensation:
8-20 (1) must be an attorney licensed in this state; and
8-21 (2) must register with the pardons and paroles
8-22 division <Texas Ethics Commission>.
8-23 (g) A person required to register under this section shall,
8-24 for each calendar year the person represents an inmate, file a
8-25 representation summary form with the pardons and paroles division
8-26 <Texas Ethics Commission> on a form prescribed by the division
8-27 <commission>. The form must be filed not later than the last day
9-1 of January in the first year following the reporting period and
9-2 include:
9-3 (1) the registrant's full name and address;
9-4 (2) the registrant's normal business, business phone
9-5 number, and business address;
9-6 (3) the full name of any former member or employee of
9-7 the Board of Pardons and Paroles or the Texas Board of Criminal
9-8 Justice or any former employee of the Texas Department of Criminal
9-9 Justice with whom the person:
9-10 (A) is associated;
9-11 (B) has a relationship as an employer or
9-12 employee; or
9-13 (C) maintains a contractual relationship to
9-14 provide services;
9-15 (4) the full name and institutional identification
9-16 number of each inmate the registrant represented in the previous
9-17 calendar year; and
9-18 (5) the amount of compensation the person has received
9-19 for representing each inmate in the previous calendar year.
9-20 (h) A person who registers under Subsection (g) of this
9-21 section and for whom the information required for registration has
9-22 changed shall, not later than the 10th day after the date the
9-23 information changes, file a supplemental statement with the pardons
9-24 and paroles division <Texas Ethics Commission> indicating the
9-25 change.
9-26 SECTION 9. The following are repealed:
9-27 (1) Section 253.040, Election Code; and
10-1 (2) Sections 11(i) and (l), Article 42.18, Code of
10-2 Criminal Procedure.
10-3 SECTION 10. (a) Except as provided by Subsection (b), this
10-4 Act takes effect September 1, 1995, and applies to a statement,
10-5 registration, or report required to be filed with the Texas Ethics
10-6 Commission on or after that date.
10-7 (b) Sections 8 and 9(2) of this Act take effect January 1,
10-8 1996.
10-9 SECTION 11. The importance of this legislation and the
10-10 crowded condition of the calendars in both houses create an
10-11 emergency and an imperative public necessity that the
10-12 constitutional rule requiring bills to be read on three several
10-13 days in each house be suspended, and this rule is hereby suspended.