By: Moncrief S.B. No. 731
97S0097/1
A BILL TO BE ENTITLED
AN ACT
1-1 relating to restrictions on employment of former state officers and
1-2 employees; providing penalties.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 572.054, Government Code, is amended to
1-5 read as follows:
1-6 Sec. 572.054. REPRESENTATION BY FORMER STATE OFFICER OR
1-7 EMPLOYEE [OF REGULATORY AGENCY] RESTRICTED; CRIMINAL OFFENSE.
1-8 (a) A former state officer or employee may not for compensation,
1-9 on behalf of another person, make any communication to or
1-10 appearance before an officer or employee of the state agency or
1-11 other state government entity which the former state officer or
1-12 employee was employed by or served before the second anniversary of
1-13 the date the officer or employee ceased employment or service with
1-14 that state agency or state government entity if the communication
1-15 or appearance is made:
1-16 (1) with the intent to influence; and
1-17 (2) in connection with any matter on which the person
1-18 seeks official action.
1-19 (b) A former employee or member of the legislature or a
1-20 former employee of the governor's or lieutenant governor's office
1-21 may not, before the second anniversary of the date the person
1-22 ceased employment or service with the legislature or the governor's
1-23 or lieutenant governor's office, engage in activities that require
2-1 registration under Chapter 305.
2-2 (c) A former member of the governing body or a former
2-3 executive head of a regulatory agency may not make any
2-4 communication to or appearance before an officer or employee of the
2-5 agency in which the member or executive head served before the
2-6 second anniversary of the date the member or executive head ceased
2-7 to be a member of the governing body or the executive head of the
2-8 agency if the communication or appearance is made:
2-9 (1) with the intent to influence; and
2-10 (2) on behalf of any person in connection with any
2-11 matter on which the person seeks official action.
2-12 (d) [(b)] A former state officer or employee of a regulatory
2-13 agency who ceases service or employment with that agency on or
2-14 after January 1, 1992, may not represent any person or receive
2-15 compensation for services rendered on behalf of any person
2-16 regarding a particular matter in which the former officer or
2-17 employee participated during the period of state service or
2-18 employment, either through personal involvement or because the case
2-19 or proceeding was a matter within the officer's or employee's
2-20 official responsibility.
2-21 (e) Subsections (a) and (d) apply [(c) Subsection (b)
2-22 applies] only to:
2-23 (1) a state officer [of a regulatory agency]; or
2-24 (2) a state employee [of a regulatory agency] who is
2-25 compensated, as of the last date of state employment, at or above
3-1 the amount prescribed by the General Appropriations Act for step 1,
3-2 salary group 17, of the position classification salary schedule,
3-3 including an employee who is exempt from the state's position
3-4 classification plan.
3-5 (f) Subsections (a) and (d) do [(d) Subsection (b) does] not
3-6 apply to a rulemaking proceeding that was concluded before the
3-7 officer's or employee's service or employment ceased.
3-8 (g) [(e)] Other law that restricts the representation of a
3-9 person before a particular state agency by a former state officer
3-10 or employee of that agency prevails over this section if it is more
3-11 restrictive than this section.
3-12 (h) [(f)] An individual commits an offense if the individual
3-13 violates this section. An offense under this subsection is a Class
3-14 A misdemeanor.
3-15 (i) [(g)] In this section, the comptroller and the secretary
3-16 of state are not excluded from the definition of "regulatory
3-17 agency."
3-18 (j) [(h)] In this section:
3-19 (1) "Participated" means to have taken action as an
3-20 officer or employee through decision, approval, disapproval,
3-21 recommendation, giving advice, investigation, or similar action.
3-22 (2) "Particular matter" means a specific
3-23 investigation, application, request for a ruling or determination,
3-24 rulemaking proceeding, contract, claim, charge, accusation, arrest,
3-25 or judicial or other proceeding.
4-1 SECTION 2. The change in law made by this Act applies to a
4-2 state officer or employee who ceases employment or service with a
4-3 state agency or other state government entity on or after
4-4 January 1, 1998. A state officer or employee who ceases service or
4-5 employment before January 1, 1998, is covered by the law in effect
4-6 immediately before the effective date of this Act, and the prior
4-7 law is continued in effect for that purpose.
4-8 SECTION 3. This Act takes effect September 1, 1997.
4-9 SECTION 4. The importance of this legislation and the
4-10 crowded condition of the calendars in both houses create an
4-11 emergency and an imperative public necessity that the
4-12 constitutional rule requiring bills to be read on three several
4-13 days in each house be suspended, and this rule is hereby suspended.