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.