IMF H.B. 1071 75(R)BILL ANALYSIS


STATE AFFAIRS
H.B. 1071
By: Swinford
4-4-97
Committee Report (Unamended)


BACKGROUND 

Under current law, state legislators may represent clients for
compensation before state agencies. Many legislators take advantage of
this ability and represent clients, whether they are constituents or not,
before agencies whose budgets and operations they control.  This creates a
potential for both real and perceived conflicts of interest.   

An often-told example of this type of conflict occurred earlier this
decade when a constituent complaining of a polluting dairy farm asked his
state senator for assistance at a TNRCC hearing. The constituent gave the
senator all of the arguments and supporting statistical evidence against
the dairy that was polluting a nearby source of water.  Much to his
dismay, when the constituent arrived at the hearing he discovered that his
senator was representing the dairy.  In 1991 the statute was amended to
require disclosure of such employment, however, many believe that the
practice should be outlawed because of the influence legislators have over
agency budgets and operations. 

PURPOSE

This legislation would prohibit a member of the legislature from engaging
in any type of representation for a person, for compensation, before an
executive state agency. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 572, Subtitle B, Title 5, Government Code as
follows:   
 
 Sec. 572.052(a), prohibiting a legislator from representing another
person, for    compensation, before an executive state agency.  Deletes
the exceptions allowing a  legislator to represent another person, for
compensation, before an executive state agency  either in a hearing that
is adversarial or a matter of record, or for ministerial acts and the
filing of documents. 

SECTION 2. Amends Chapter 572, Subtitle B, Title 5, Government Code as
follows: 
 
 Sec. 572.021. Removes Sec. 572.025 from the list of sections requiring a
verified    financial statement. 

SECTION 3. Repeals Sec. 572.025, Government Code, which details reporting
requirements. 

SECTION 4. Makes this Act prospective.

SECTION 5. Effective date:  September 1, 1997.

SECTION 6. Emergency clause.