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.