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.