1-1 By: Rosson S.B. No. 452
1-2 (In the Senate - Filed February 3, 1995; February 6, 1995,
1-3 read first time and referred to Committee on State Affairs;
1-4 February 21, 1995, reported favorably by the following vote: Yeas
1-5 13, Nays 0; February 21, 1995, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to powers and duties of the Texas Ethics Commission, to
1-9 powers and duties of persons acting under certain laws administered
1-10 by the commission, and to the registration of persons who represent
1-11 inmates for compensation.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Subsections (f), (g), and (k), Section 305.005,
1-14 Government Code, are amended to read as follows:
1-15 (f) The registration must be written and verified and must
1-16 contain:
1-17 (1) the registrant's full name and address;
1-18 (2) the registrant's normal business, business phone
1-19 number, and business address;
1-20 (3) the full name and address of each person:
1-21 (A) who reimburses, retains, or employs the
1-22 registrant to communicate directly with a member of the legislative
1-23 or executive branch to influence legislation or administrative
1-24 action; and
1-25 (B) on whose behalf the registrant has
1-26 communicated directly with a member of the legislative or executive
1-27 branch to influence legislation or administrative action;
1-28 (4) the subject matter and, if applicable, the <bill
1-29 number,> docket number<,> or other <legislative or> administrative
1-30 designation of the <legislation or> administrative action that is
1-31 the subject of the registrant's direct communication with a member
1-32 of the <legislative or> executive branch;
1-33 (5) for each person employed or retained by the
1-34 registrant for the purpose of assisting in direct communication
1-35 with a member of the legislative or executive branch to influence
1-36 legislation or administrative action:
1-37 (A) the full name, business address, and
1-38 occupation<, and date of employment or retention> of the person <by
1-39 the registrant>; and
1-40 (B) the subject matter and, if applicable, the
1-41 <bill number,> docket number<,> or other administrative designation
1-42 of the <legislation or> administrative action to which the person's
1-43 activities reportable under this section were related; and
1-44 (6) the amount of compensation or reimbursement paid
1-45 by each person who reimburses, retains, or employs the registrant
1-46 for the purpose of communicating directly with a member of the
1-47 legislative or executive branch or on whose behalf the registrant
1-48 communicates directly with a member of the legislative or executive
1-49 branch.
1-50 (g) Compensation or reimbursement required to be reported
1-51 under Subsection (f)(6) shall be reported in the following
1-52 categories unless reported as an exact amount:
1-53 (1) $0 if no compensation or reimbursement is
1-54 received;
1-55 (2) less than $10,000;
1-56 (3) <(2)> at least $10,000 but less than $25,000;
1-57 (4) <(3)> at least $25,000 but less than $50,000;
1-58 (5) <(4)> at least $50,000 but less than $100,000;
1-59 (6) <(5)> at least $100,000 but less than $150,000;
1-60 (7) <(6)> at least $150,000 but less than $200,000;
1-61 and
1-62 (8) <(7)> $200,000 or more.
1-63 (k) If there is a change in the information required to be
1-64 reported by a registrant under this section, other than Subsection
1-65 (h) or (i), and that changed information is not timely reported on
1-66 a report due under Section 305.007, the registrant shall file an
1-67 amended statement reflecting the change with the commission not
1-68 later than the date on which the next report is due under Section
2-1 305.007.
2-2 SECTION 2. Subsections (b) and (d), Section 305.006,
2-3 Government Code, are amended to read as follows:
2-4 (b) The report must contain the total expenditures under a
2-5 category listed in this subsection that the registrant made to
2-6 communicate directly with a member of the legislative or executive
2-7 branch to influence legislation or administrative action and that
2-8 are directly attributable, as that term is used in Section
2-9 305.0062(b), to a member of the legislative or executive branch or
2-10 the immediate family of a member of the legislative or executive
2-11 branch. The report must also include expenditures for the direct
2-12 communications under a category listed in this subsection that
2-13 other people made on the registrant's behalf if the expenditures
2-14 were made with the registrant's consent or were ratified by the
2-15 registrant. The expenditures must be reported in the following
2-16 categories:
2-17 (1) transportation and lodging;
2-18 (2) food and beverages;
2-19 (3) entertainment;
2-20 (4) gifts, other than awards and mementos;
2-21 (5) awards and mementos; and
2-22 (6) expenditures made for the attendance of members of
2-23 the legislative or executive branch at political fund-raisers or
2-24 charity events.
2-25 (d) The report must also contain a list of the specific
2-26 categories of subject matters about which the registrant, any
2-27 person the registrant retains or employs to appear on the
2-28 registrant's behalf, or any other person appearing on the
2-29 registrant's behalf communicated directly with a member of the
2-30 legislative or executive branch and that has not been reported
2-31 under Section 305.005. The list must include the number or other
2-32 designation assigned to the <legislation or> administrative action,
2-33 if known.
2-34 SECTION 3. Subsections (a) and (d), Section 305.0062,
2-35 Government Code, are amended to read as follows:
2-36 (a) The report filed under Section 305.006 must also contain
2-37 the total expenditures described by Section 305.006(b) that are
2-38 directly attributable to members of the legislative or executive
2-39 branch <and those that are directly attributable to the
2-40 registrant>. The expenditures must be stated in only one of the
2-41 following categories:
2-42 (1) state senators;
2-43 (2) state representatives;
2-44 (3) elected or appointed state officers, other than
2-45 those described by Subdivision (1) or (2);
2-46 (4) legislative agency employees;
2-47 (5) executive agency employees;
2-48 (6) the immediate family of a member of the
2-49 legislative or executive branch;
2-50 <(7) the registrant;> and
2-51 (7) <(8)> events to which all legislators are invited.
2-52 (d) If a registrant cannot reasonably determine the amount
2-53 of an expenditure under Section 305.006(b) that is directly
2-54 attributable to a member of the legislative or executive branch <or
2-55 to the registrant> as required by Subsection (a), the registrant
2-56 shall apportion the expenditure made by that registrant or by
2-57 others on the registrant's behalf and with the registrant's consent
2-58 or ratification according to the total number of persons in
2-59 attendance. However, if an expenditure is for an event to which
2-60 all legislators are invited, the registrant shall report the
2-61 expenditure under Subsection (a)(7) <(a)(8)> and not under any
2-62 other subdivision of that subsection or any other provision of this
2-63 chapter.
2-64 SECTION 4. Section 305.025, Government Code, is amended to
2-65 read as follows:
2-66 Sec. 305.025. Exceptions. Section 305.024 does not
2-67 prohibit:
2-68 (1) a loan in the due course of business from a
2-69 corporation or other business entity that is legally engaged in the
2-70 business of lending money and that has conducted that business
3-1 continuously for more than one year before the loan is made;
3-2 (2) a loan or guarantee of a loan or a gift made or
3-3 given by a person related within the second degree by affinity or
3-4 consanguinity to the member of the legislative or executive branch;
3-5 (3) necessary expenditures for transportation and
3-6 lodging when the purpose of the travel is to explore matters
3-7 directly related to the duties of a member of the legislative or
3-8 executive branch, such as fact-finding trips, but not including
3-9 attendance at merely ceremonial events or pleasure trips;
3-10 (4) necessary expenditures for transportation and
3-11 lodging provided in connection with a conference, seminar,
3-12 educational program, or similar event in which the member renders
3-13 services, such as addressing an audience or engaging in a seminar,
3-14 to the extent that those services are more than merely perfunctory;
3-15 <or>
3-16 (5) an incidental expenditure for transportation as
3-17 determined by commission rule; or
3-18 (6) a political contribution as defined by Section
3-19 251.001, Election Code.
3-20 SECTION 5. Subsection (a), Section 305.031, Government Code,
3-21 is amended to read as follows:
3-22 (a) A person commits an offense if the person intentionally
3-23 or knowingly violates a provision of this chapter other than
3-24 Section 305.0011 or 305.022. An offense under this subsection is a
3-25 Class A misdemeanor.
3-26 SECTION 6. Subchapter C, Chapter 571, Government Code, is
3-27 amended by adding Section 571.077 to read as follows:
3-28 Sec. 571.077. STATEMENTS, REGISTRATIONS, AND REPORTS
3-29 CONSIDERED TO BE VERIFIED. (a) A statement, registration, or
3-30 report that is filed with the commission is considered to be under
3-31 oath by the person required to file the statement, registration, or
3-32 report regardless of the absence of or defect in the affidavit of
3-33 verification, including a signature.
3-34 (b) A person required to file a statement, registration, or
3-35 report with the commission is subject to prosecution under Chapter
3-36 37, Penal Code, regardless of the absence of or defect in the
3-37 affidavit of verification.
3-38 (c) This section applies to a statement, registration, or
3-39 report that is filed with the commission electronically or
3-40 otherwise.
3-41 SECTION 7. Subsections (a) and (e), Section 253.032,
3-42 Election Code, are amended to read as follows:
3-43 (a) In a reporting period, a candidate, officeholder, or
3-44 political committee may not knowingly accept political
3-45 contributions totaling more than $500 from an out-of-state
3-46 political committee unless, before accepting a contribution that
3-47 would cause the total to exceed $500, the candidate, officeholder,
3-48 or political committee, as applicable, receives from the
3-49 out-of-state committee:
3-50 (1) a written statement, certified by an officer of
3-51 the out-of-state committee, listing the full name and address of
3-52 each person who contributed more than $100 to the out-of-state
3-53 committee during the 12 months immediately preceding the date of
3-54 the contribution; or
3-55 (2) a copy of the out-of-state committee's statement
3-56 of organization filed as required by law with the Federal Election
3-57 Commission and certified by an officer of the out-of-state
3-58 committee <the commission>.
3-59 (e) A candidate, officeholder, or political committee that
3-60 accepts political contributions totaling $500 or less from an
3-61 out-of-state political committee shall include as part of the
3-62 report filed under Chapter 254 that covers the reporting period in
3-63 which the contribution is accepted:
3-64 (1) the same information for the out-of-state
3-65 political committee required for general-purpose committees by
3-66 Sections 252.002 and 252.003; or
3-67 (2) a copy of the out-of-state committee's statement
3-68 of organization filed as required by law with the Federal Election
3-69 Commission and certified by an officer of the out-of-state
3-70 committee <the commission>.
4-1 SECTION 8. Subsections (b), (g), and (h), Section 11,
4-2 Article 42.18, Code of Criminal Procedure, are amended to read as
4-3 follows:
4-4 (b) A person who represents an inmate for compensation:
4-5 (1) must be an attorney licensed in this state; and
4-6 (2) must register with the pardons and paroles
4-7 division <Texas Ethics Commission>.
4-8 (g) A person required to register under this section shall,
4-9 for each calendar year the person represents an inmate, file a
4-10 representation summary form with the pardons and paroles division
4-11 <Texas Ethics Commission> on a form prescribed by the division
4-12 <commission>. The form must be filed not later than the last day
4-13 of January in the first year following the reporting period and
4-14 include:
4-15 (1) the registrant's full name and address;
4-16 (2) the registrant's normal business, business phone
4-17 number, and business address;
4-18 (3) the full name of any former member or employee of
4-19 the Board of Pardons and Paroles or the Texas Board of Criminal
4-20 Justice or any former employee of the Texas Department of Criminal
4-21 Justice with whom the person:
4-22 (A) is associated;
4-23 (B) has a relationship as an employer or
4-24 employee; or
4-25 (C) maintains a contractual relationship to
4-26 provide services;
4-27 (4) the full name and institutional identification
4-28 number of each inmate the registrant represented in the previous
4-29 calendar year; and
4-30 (5) the amount of compensation the person has received
4-31 for representing each inmate in the previous calendar year.
4-32 (h) A person who registers under Subsection (g) of this
4-33 section and for whom the information required for registration has
4-34 changed shall, not later than the 10th day after the date the
4-35 information changes, file a supplemental statement with the pardons
4-36 and paroles division <Texas Ethics Commission> indicating the
4-37 change.
4-38 SECTION 9. The following are repealed:
4-39 (1) Section 253.040, Election Code; and
4-40 (2) Subsections (i) and (l), Section 11, Article
4-41 42.18, Code of Criminal Procedure.
4-42 SECTION 10. (a) Except as provided by Subsection (b) of
4-43 this section, this Act takes effect September 1, 1995, and applies
4-44 to a statement, registration, or report required to be filed with
4-45 the Texas Ethics Commission on or after that date.
4-46 (b) Section 8 and Subdivision (2), Section 9 of this Act
4-47 take effect January 1, 1996.
4-48 SECTION 11. The importance of this legislation and the
4-49 crowded condition of the calendars in both houses create an
4-50 emergency and an imperative public necessity that the
4-51 constitutional rule requiring bills to be read on three several
4-52 days in each house be suspended, and this rule is hereby suspended.
4-53 * * * * *