By Krusee                                        H.B. No. 241

      75R2066 ESH-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to lobbying by certain former state officers and

 1-3     employees; providing criminal penalties.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Subchapter C, Chapter 572, Government Code, is

 1-6     amended by adding Sections 572.0541, 572.059, and 572.060 to read

 1-7     as follows:

 1-8           Sec. 572.0541.  REPRESENTATION BY FORMER OFFICER OR EMPLOYEE

 1-9     OF EXECUTIVE AGENCY RESTRICTED; CRIMINAL OFFENSE.  (a)  A  former

1-10     officer or a former employee of an executive agency may not:

1-11                 (1)  make any communication to or appearance before an

1-12     officer or employee of the agency in which the person served before

1-13     the second anniversary of the date the person ceased to be an

1-14     officer or employee of the agency if the communication or

1-15     appearance is made:

1-16                       (A)  with the intent to influence; and

1-17                       (B)  on behalf of any person in connection with

1-18     any matter on which the person seeks official action;

1-19                 (2)  act as a consultant to another person who makes a

1-20     communication or appearance that would be prohibited under

1-21     Subdivision (1) if the former officer or former employee made the

1-22     communication or appearance; or

1-23                 (3)  represent any person or receive compensation for

1-24     services rendered on behalf of any person regarding a particular

 2-1     matter in which the former officer or employee participated during

 2-2     the period of state service or employment, either through personal

 2-3     involvement or because the case or proceeding was a matter within

 2-4     the officer's or employee's official responsibility.

 2-5           (b)  This section applies only to:

 2-6                 (1)  a person who became a state officer on or after

 2-7     September 1, 1997; or

 2-8                 (2)  a person who became a state employee on or after

 2-9     September 1, 1997, and who is, as of the last date of state

2-10     employment, exempt from the state's position classification plan.

2-11           (c)  Subsection (a)(3) does not apply to a rulemaking

2-12     proceeding that was concluded before the officer's or employee's

2-13     service or employment ceased.

2-14           (d)  Other law that restricts the representation of a person

2-15     before a particular state agency by a former state officer or

2-16     employee of that agency prevails over this section.

2-17           (e)  An individual commits an offense if the individual

2-18     violates this section.  An offense under this subsection is a Class

2-19     A misdemeanor.

2-20           (f)  In this section:

2-21                 (1)  "Executive agency" does not include:

2-22                       (A)  the office of the governor or the lieutenant

2-23     governor; or

2-24                       (B)  a regulatory agency as defined by Section

2-25     572.054.

2-26                 (2)  "Participated" and "particular matter" have the

2-27     meanings assigned by Section 572.054.

 3-1           Sec. 572.059.  LOBBYING BY FORMER LEGISLATOR; CRIMINAL

 3-2     OFFENSE.  (a)  A former member of the legislature may not, before

 3-3     the second anniversary of the date the person ceases to be a

 3-4     member, engage in activities that require registration under

 3-5     Chapter 305.

 3-6           (b)  A person commits an offense if the person violates this

 3-7     section.  An offense under this section is a Class A misdemeanor.

 3-8           Sec. 572.060.  LOBBYING BY FORMER EMPLOYEE OF GOVERNOR,

 3-9     LIEUTENANT GOVERNOR, OR SPEAKER OF THE HOUSE: POLICY REQUIRED.  (a)

3-10     The governor, lieutenant governor, and speaker of the house of

3-11     representatives shall each adopt a written policy that addresses

3-12     engaging in activities that require registration under Chapter 305

3-13     by:

3-14                 (1)  spouses of the officer's employees;

3-15                 (2)  the officer's former employees; and

3-16                 (3)  spouses of the officer's former employees.

3-17           (b)  The governor, lieutenant governor, or speaker shall

3-18     deliver a copy of the policy to the commission.  The lieutenant

3-19     governor shall also deliver a copy of the lieutenant governor's

3-20     policy to the secretary of the senate.  The speaker shall also

3-21     deliver a copy of the speaker's policy to the chief clerk of the

3-22     house of representatives.

3-23           SECTION 2.  This Act takes effect September 1, 1997.

3-24           SECTION 3.  (a)  Section 572.059, Government Code, as added

3-25     by this Act, applies only to a person who first becomes a member of

3-26     the legislature on or after the effective date of this Act.

3-27           (b)  The governor, lieutenant governor, and speaker of the

 4-1     house of representatives shall each adopt a policy as required by

 4-2     Section 572.060, Government Code, as added by this Act, and shall

 4-3     deliver a copy of the policy as required by that section, not later

 4-4     than the 30th day after the effective date of this Act.  The policy

 4-5     must specify the application of the policy to persons who are

 4-6     employees of that officer on the effective date of this Act.

 4-7           SECTION 4.  The importance of this legislation and the

 4-8     crowded condition of the calendars in both houses create an

 4-9     emergency and an imperative public necessity that the

4-10     constitutional rule requiring bills to be read on three several

4-11     days in each house be suspended, and this rule is hereby suspended.