By Nelson                                               S.B. No. 43

      75R598 ESH-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the representation of a person before an executive

 1-3     state agency by a member of the legislature.

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

 1-5           SECTION 1.  Section 572.052, Government Code, is amended to

 1-6     read as follows:

 1-7           Sec. 572.052.  REPRESENTATION BY LEGISLATORS BEFORE STATE

 1-8     AGENCIES; CRIMINAL OFFENSE.  (a)  A member of the legislature may

 1-9     not, for compensation, represent another person before a state

1-10     agency in the executive branch of state government [unless:]

1-11                 [(1)  the representation is made in a proceeding that

1-12     is adversary in nature or in another public hearing that is a

1-13     matter of record; or]

1-14                 [(2)  the representation involves the filing of

1-15     documents, contacts with the agency, or other relations, that

1-16     involve only ministerial acts on the part of the commission,

1-17     agency, board, department, or officer].

1-18           (b)  This section does not apply to representation before:

1-19                 (1)  the Board of Pardons and Paroles; or

1-20                 (2)  the Texas Workers' Compensation Commission.

1-21           (c)  A member of the legislature commits an offense if the

1-22     member violates this section.  An offense under this subsection is

1-23     a Class A misdemeanor.

1-24           SECTION 2.  Section 572.025, Government Code, is amended to

 2-1     read as follows:

 2-2           Sec. 572.025.  INFORMATION ABOUT LEGISLATORS' REPRESENTATION

 2-3     BEFORE CERTAIN EXECUTIVE STATE AGENCIES.  A member of the

 2-4     legislature who represents another person for compensation before

 2-5     an executive state agency listed in Section 572.052(b) shall report

 2-6     on the financial statement:

 2-7                 (1)  the name of the agency;

 2-8                 (2)  the person represented by the member; and

 2-9                 (3)  the category of the amount of compensation

2-10     received by the member for that representation.

2-11           SECTION 3.  This Act applies to representation before an

2-12     executive state agency on or after the effective date of this Act,

2-13     without regard to when the member of the legislature was retained

2-14     for the representation and without regard to whether the

2-15     representation involves a continuing proceeding initiated before

2-16     the effective date of this Act.

2-17           SECTION 4.  A member of the legislature who engages in an

2-18     activity permitted by Section 572.052, Government Code, as that

2-19     section existed before the effective date of this Act, shall report

2-20     that activity on the member's financial statement for the calendar

2-21     year beginning January 1, 1997.  The report shall be made as

2-22     provided by Section 572.025, Government Code, as that section

2-23     existed before the effective date of this Act, and that section as

2-24     it then existed is continued in effect for that purpose.

2-25           SECTION 5.  This Act takes effect September 1, 1997.

2-26           SECTION 6.  The importance of this legislation and the

2-27     crowded condition of the calendars in both houses create an

 3-1     emergency and an imperative public necessity that the

 3-2     constitutional rule requiring bills to be read on three several

 3-3     days in each house be suspended, and this rule is hereby suspended.