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.