By Dunnam H.B. No. 1460
76R2796 DB-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to lobbying activities in connection with certain judicial
1-3 rules.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 305.001, Government Code, is amended to
1-6 read as follows:
1-7 Sec. 305.001. POLICY. The operation of responsible
1-8 democratic government requires that the people be afforded the
1-9 fullest opportunity to petition their government for the redress of
1-10 grievances and to express freely their opinions on legislation,
1-11 administrative actions, pending executive actions, and current
1-12 issues to individual members of the legislature, legislative
1-13 committees, state agencies, and members of the judicial and
1-14 executive branch. To preserve and maintain the integrity of the
1-15 legislative and administrative processes, it is necessary to
1-16 disclose publicly and regularly the identity, expenditures, and
1-17 activities of certain persons who, by direct communication with
1-18 government officers, engage in efforts to persuade members of the
1-19 legislative or executive branch to take specific actions.
1-20 SECTION 2. Section 305.002, Government Code, is amended by
1-21 amending Subdivision (1) and adding Subdivisions (12), (13), and
1-22 (14) to read as follows:
1-23 (1) "Administrative action" means rulemaking,
1-24 including judicial rulemaking, licensing, or any other matter that
2-1 may be the subject of action by a state agency, including the
2-2 proposal, consideration, or approval of the matter.
2-3 (12) "Member of the judicial branch" means the chief
2-4 justice or a justice of the supreme court, the presiding judge or a
2-5 judge of the court of criminal appeals, or an employee of either
2-6 court.
2-7 (13) "Judicial rulemaking" means an action by the
2-8 supreme court or the court of criminal appeals to adopt, amend, or
2-9 repeal a rule of civil or appellate procedure or evidence.
2-10 (14) "State officer or employee" means:
2-11 (A) a member of the legislative branch;
2-12 (B) a member of the judicial branch; or
2-13 (C) a member of the executive branch.
2-14 SECTION 3. Sections 305.003(a) and (b), Government Code, are
2-15 amended to read as follows:
2-16 (a) A person must register with the commission under this
2-17 chapter if the person:
2-18 (1) makes a total expenditure of an amount determined
2-19 by commission rule but not less than $200 in a calendar quarter,
2-20 not including the person's own travel, food, or lodging expenses or
2-21 the person's own membership dues, on activities described in
2-22 Section 305.006(b) to communicate directly with a state officer or
2-23 employee [one or more members of the legislative or executive
2-24 branch] to influence legislation or administrative action; or
2-25 (2) receives compensation or reimbursement, not
2-26 including reimbursement for the person's own travel, food, or
2-27 lodging expenses or the person's own membership dues, of more than
3-1 an amount determined by commission rule but not less than $200 in a
3-2 calendar quarter from another person to communicate directly with a
3-3 state officer or employee [member of the legislative or executive
3-4 branch] to influence legislation or administrative action.
3-5 (b) Subsection (a)(2) requires a person to register if the
3-6 person, as part of the person's [his] regular employment, has
3-7 communicated directly with a state officer or employee [member of
3-8 the legislative or executive branch] to influence legislation or
3-9 administrative action on behalf of the person by whom the person
3-10 [he] is compensated or reimbursed, whether or not the person
3-11 receives any compensation for the communication in addition to the
3-12 salary for that regular employment. However, Subsection (a)(2)
3-13 does not require a state officer or employee [member of the
3-14 judicial, legislative, or executive branch of state government] or
3-15 an officer or employee of a political subdivision of the state to
3-16 register.
3-17 SECTION 4. Section 305.004, Government Code, is amended to
3-18 read as follows:
3-19 Sec. 305.004. EXCEPTIONS. The following persons are not
3-20 required to register under this chapter:
3-21 (1) a person who owns, publishes, or is employed by a
3-22 newspaper, any other regularly published periodical, a radio
3-23 station, a television station, a wire service, or any other bona
3-24 fide news medium that in the ordinary course of business
3-25 disseminates news, letters to the editors, editorial or other
3-26 comment, or paid advertisements that directly or indirectly oppose
3-27 or promote legislation or administrative action, if the person does
4-1 not engage in further or other activities that require registration
4-2 under this chapter and does not represent another person in
4-3 connection with influencing legislation or administrative action;
4-4 (2) a person whose only direct communication with a
4-5 state officer or employee [member of the legislative or executive
4-6 branch] to influence legislation or administrative action is an
4-7 appearance before or testimony to a state officer or employee [one
4-8 or more members of the legislative or executive branch] in a
4-9 hearing conducted by or on behalf of [either] the legislative,
4-10 judicial, or the executive branch and who does not receive special
4-11 or extra compensation for the appearance other than actual expenses
4-12 incurred in attending the hearing;
4-13 (3) a person whose only activity is to encourage or
4-14 solicit members, employees, or stockholders of an entity by whom
4-15 the person is reimbursed, employed, or retained to communicate
4-16 directly with a state officer or employee [members of the
4-17 legislative or executive branch] to influence legislation or
4-18 administrative action;
4-19 (4) a person whose only activity to influence
4-20 legislation or administrative action is to compensate or reimburse
4-21 an individual registrant to act in the person's behalf to
4-22 communicate directly with a state officer or employee [member of
4-23 the legislative or executive branch] to influence legislation or
4-24 administrative action;
4-25 (5) a person whose only activity to influence
4-26 legislation or administrative action is attendance at a meeting or
4-27 entertainment event attended by a state officer or employee [member
5-1 of the legislative or executive branch] if the total cost of the
5-2 meeting or entertainment event is paid by a business entity, union,
5-3 or association;
5-4 (6) a person whose only compensation subject to
5-5 Section 305.003(a)(2) consists of reimbursement for any wages not
5-6 earned due to attendance at a meeting or entertainment event,
5-7 travel to and from the meeting or entertainment event, admission to
5-8 the meeting or entertainment event, and any food and beverage
5-9 consumed at the meeting or entertainment event if the meeting or
5-10 entertainment event is attended by a state officer or employee
5-11 [member of the legislative or executive branch] and if the total
5-12 cost of the meeting or entertainment event is paid by a business
5-13 entity, union, or association; and
5-14 (7) a person who communicates directly with a state
5-15 officer or employee [member of the legislative or executive branch]
5-16 on behalf of a political party concerning legislation or
5-17 administrative action, and whose expenditures and compensation, as
5-18 described in Section 305.003, combined do not exceed $5,000 a
5-19 calendar year.
5-20 SECTION 5. Sections 305.005(e), (f), and (j), Government
5-21 Code, are amended to read as follows:
5-22 (e) A person required to register under this chapter who has
5-23 not registered or whose registration has expired shall file the
5-24 registration form and submit the registration fee not later than
5-25 the fifth day after the date on which the person or the person's
5-26 employee makes the first direct communication with a state officer
5-27 or employee [member of the legislative or executive branch] that
6-1 requires the person's registration.
6-2 (f) The registration must be written and verified and must
6-3 contain:
6-4 (1) the registrant's full name and address;
6-5 (2) the registrant's normal business, business phone
6-6 number, and business address;
6-7 (3) the full name and address of each person:
6-8 (A) who reimburses, retains, or employs the
6-9 registrant to communicate directly with a state officer or employee
6-10 [member of the legislative or executive branch] to influence
6-11 legislation or administrative action; and
6-12 (B) on whose behalf the registrant has
6-13 communicated directly with a state officer or employee [member of
6-14 the legislative or executive branch] to influence legislation or
6-15 administrative action;
6-16 (4) the subject matter of the legislation or of the
6-17 administrative action that is the subject of the registrant's
6-18 direct communication with a state officer or employee [member of
6-19 the legislative or executive branch] and, if applicable, the docket
6-20 number or other administrative designation of the administrative
6-21 action;
6-22 (5) for each person employed or retained by the
6-23 registrant for the purpose of assisting in direct communication
6-24 with a state officer or employee [member of the legislative or
6-25 executive branch] to influence legislation or administrative
6-26 action:
6-27 (A) the full name, business address, and
7-1 occupation of the person; and
7-2 (B) the subject matter of the legislation or of
7-3 the administrative action to which the person's activities
7-4 reportable under this section were related and, if applicable, the
7-5 docket number or other administrative designation of the
7-6 administrative action; and
7-7 (6) the amount of compensation or reimbursement paid
7-8 by each person who reimburses, retains, or employs the registrant
7-9 for the purpose of communicating directly with a state officer or
7-10 employee [member of the legislative or executive branch] or on
7-11 whose behalf the registrant communicates directly with a state
7-12 officer or employee [member of the legislative or executive
7-13 branch].
7-14 (j) If the person described by Subsection (f)(3) is a
7-15 business entity engaged in the representation of clients for the
7-16 purpose of influencing legislation or administrative action, the
7-17 registrant shall give the information required by that subdivision
7-18 for each client on whose behalf the registrant communicated
7-19 directly with a state officer or employee [member of the
7-20 legislative or executive branch].
7-21 SECTION 6. Section 305.0051(a), Government Code, is amended
7-22 to read as follows:
7-23 (a) Except as provided by Subsection (b), the commission by
7-24 rule may require an officer or employee of a political subdivision
7-25 or other governmental entity created under the Texas Constitution
7-26 or laws of this state who communicates directly with a state
7-27 officer or employee [member of the legislative or executive branch]
8-1 concerning legislation or administrative action, other than routine
8-2 matters, to file with the commission the officer's or employee's
8-3 name, the name of the entity represented, the subject matter of the
8-4 communication, and other information the commission considers
8-5 relevant.
8-6 SECTION 7. Sections 305.006(b) and (d), Government Code, are
8-7 amended to read as follows:
8-8 (b) The report must contain the total expenditures under a
8-9 category listed in this subsection that the registrant made to
8-10 communicate directly with a state officer or employee [member of
8-11 the legislative or executive branch] to influence legislation or
8-12 administrative action and that are directly attributable, as that
8-13 term is used in Section 305.0062(b), to a state officer or employee
8-14 [member of the legislative or executive branch] or the immediate
8-15 family of a state officer or employee [member of the legislative or
8-16 executive branch]. The report must also include expenditures for
8-17 the direct communications under a category listed in this
8-18 subsection that other people made on the registrant's behalf if the
8-19 expenditures were made with the registrant's consent or were
8-20 ratified by the registrant. The expenditures must be reported in
8-21 the following categories:
8-22 (1) transportation and lodging;
8-23 (2) food and beverages;
8-24 (3) entertainment;
8-25 (4) gifts, other than awards and mementos;
8-26 (5) awards and mementos; and
8-27 (6) expenditures made for the attendance of state
9-1 officers or employees [members of the legislative or executive
9-2 branch] at political fund-raisers or charity events.
9-3 (d) The report must also contain a list of the specific
9-4 categories of subject matters about which the registrant, any
9-5 person the registrant retains or employs to appear on the
9-6 registrant's behalf, or any other person appearing on the
9-7 registrant's behalf communicated directly with a state officer or
9-8 employee [member of the legislative or executive branch] and that
9-9 has not been reported under Section 305.005. The list must include
9-10 the number or other designation assigned to the administrative
9-11 action, if known.
9-12 SECTION 8. Section 305.0061, Government Code, is amended to
9-13 read as follows:
9-14 Sec. 305.0061. DETAILED REPORTS. (a) If a registrant or a
9-15 person on the registrant's behalf and with the registrant's consent
9-16 or ratification makes expenditures that exceed $50 a day for
9-17 transportation or lodging for a state officer or employee [member
9-18 of the legislative or executive branch], the registrant shall also
9-19 state the following on the report filed under Section 305.006:
9-20 (1) the name of the state officer or employee [member
9-21 of the legislative or executive branch] in whose behalf the
9-22 expenditure is made;
9-23 (2) the place and date of the transportation or
9-24 lodging; and
9-25 (3) the purpose of the transportation or lodging.
9-26 (b) If a registrant or a person on the registrant's behalf
9-27 and with the registrant's consent or ratification makes
10-1 expenditures that exceed $50 a day for food and beverages for a
10-2 state officer or employee [member of the legislative or executive
10-3 branch] or makes expenditures that exceed $50 a day for
10-4 entertainment for a state officer or employee [member of the
10-5 legislative or executive branch] or for the immediate family of a
10-6 state officer or employee [member of the legislative or executive
10-7 branch], the registrant shall also state the following on the
10-8 report filed under Section 305.006:
10-9 (1) the name of the state officer or employee [member
10-10 of the legislative or executive branch] in whose behalf the
10-11 expenditure is made;
10-12 (2) the place and date of the expenditure; and
10-13 (3) the amount of the expenditure by the appropriate
10-14 category of the amount, as determined by the commission.
10-15 (c) If a registrant or a person on the registrant's behalf
10-16 and with the registrant's consent or ratification gives to a state
10-17 officer or employee [member of the legislative or executive branch]
10-18 a gift or an award or memento, the value of which exceeds $50 per
10-19 gift, award, or memento, the registrant shall also state the
10-20 following on the report filed under Section 305.006:
10-21 (1) the name of the state officer or employee [member
10-22 of the legislative or executive branch] in whose behalf the
10-23 expenditure is made;
10-24 (2) a general description of the gift, award, or
10-25 memento; and
10-26 (3) the amount of the expenditure by the appropriate
10-27 category of the amount, as determined by the commission.
11-1 (d) If a registrant or a person on the registrant's behalf
11-2 and with the registrant's consent or ratification makes
11-3 expenditures for the attendance of a state officer or employee
11-4 [member of the legislative or executive branch] at a political
11-5 fund-raiser or charity event, the registrant shall also state the
11-6 following on the report filed under Section 305.006:
11-7 (1) the name of the state officer or employee [member
11-8 of the legislative or executive branch] in whose behalf the
11-9 expenditure is made;
11-10 (2) the name of the charity or the name of the
11-11 candidate or officeholder for whom the political fund-raiser was
11-12 held, as applicable; and
11-13 (3) the date of the fund-raiser or event.
11-14 (e) If a registrant or a person on the registrant's behalf
11-15 and with the registrant's consent or ratification makes an
11-16 expenditure for a gift, award, or memento for a state officer or
11-17 employee [member of the legislative or executive branch] in
11-18 conjunction with an expenditure for the attendance of that member
11-19 at a political fund-raiser or charity event, the registrant shall
11-20 report the expenditure for the gift, award, or memento under
11-21 Subsection (c), if required, and not under Subsection (d).
11-22 (f) If a registrant or a person on the registrant's behalf
11-23 with the registrant's consent or ratification makes an expenditure
11-24 described by Section 305.006(b)(1), (2), or (3) to communicate
11-25 directly with more than one state officer or employee [member of
11-26 the legislative or executive branch] to influence legislation or
11-27 administrative action and if the registrant cannot reasonably
12-1 determine the amount that is directly attributable to an officer or
12-2 employee [a member], the registrant shall apportion the expenditure
12-3 made by that registrant according to the number of persons in
12-4 attendance. The registrant shall report as required by Subsection
12-5 (a), (b), or (c) if the expenditure for each person exceeds the
12-6 amount provided under Subsection (a), (b), or (c).
12-7 SECTION 9. Sections 305.0062(a), (c), and (d), Government
12-8 Code, are amended to read as follows:
12-9 (a) The report filed under Section 305.006 must also contain
12-10 the total expenditures described by Section 305.006(b) that are
12-11 directly attributable to state officers or employees [members of
12-12 the legislative or executive branch]. The expenditures must be
12-13 stated in only one of the following categories:
12-14 (1) state senators;
12-15 (2) state representatives;
12-16 (3) justices of the supreme court and judges of the
12-17 court of criminal appeals;
12-18 (4) [(3)] elected or appointed state officers, other
12-19 than those described by Subdivision (1), [or] (2), or (3);
12-20 (5) [(4)] legislative agency employees;
12-21 (6) [(5)] executive agency employees;
12-22 (7) judicial branch employees;
12-23 (8) [(6)] the immediate family of a state officer or
12-24 employee [member of the legislative or executive branch]; and
12-25 (9) [(7)] events to which all legislators are invited.
12-26 (c) All expenditures made by a registrant or a person on the
12-27 registrant's behalf and with the registrant's consent or
13-1 ratification that benefit members of the immediate family of a
13-2 state officer or employee [members of the legislative or executive
13-3 branch] shall be aggregated and reported under Subsection (a)(6).
13-4 (d) If a registrant cannot reasonably determine the amount
13-5 of an expenditure under Section 305.006(b) that is directly
13-6 attributable to a state officer or employee [member of the
13-7 legislative or executive branch] as required by Subsection (a), the
13-8 registrant shall apportion the expenditure made by that registrant
13-9 or by others on the registrant's behalf and with the registrant's
13-10 consent or ratification according to the total number of persons in
13-11 attendance. However, if an expenditure is for an event to which
13-12 all legislators are invited, the registrant shall report the
13-13 expenditure under Subsection (a)(7) and not under any other
13-14 subdivision of that subsection or any other provision of this
13-15 chapter.
13-16 SECTION 10. Section 305.021, Government Code, is amended to
13-17 read as follows:
13-18 Sec. 305.021. FALSE COMMUNICATIONS. A person, for the
13-19 purpose of influencing legislation or administrative action, may
13-20 not:
13-21 (1) knowingly or wilfully make a false statement or
13-22 misrepresentation of the facts to a state officer or employee
13-23 [member of the legislative or executive branch]; or
13-24 (2) cause a copy of a document the person knows to
13-25 contain a false statement to be received by a state officer or
13-26 employee [member of the legislative or executive branch] without
13-27 notifying the member in writing of the truth.
14-1 SECTION 11. Section 305.024, Government Code, is amended to
14-2 read as follows:
14-3 Sec. 305.024. RESTRICTIONS ON EXPENDITURES. (a) Except as
14-4 provided by Section 305.025, a person registered under Section
14-5 305.005 or a person on the registrant's behalf and with the
14-6 registrant's consent or ratification may not offer, confer, or
14-7 agree to confer to a state officer or employee [member of the
14-8 legislative or executive branch]:
14-9 (1) a loan, including the guarantee or endorsement of
14-10 a loan;
14-11 (2) a gift of cash or a negotiable instrument as
14-12 described by Section 3.104, Business & Commerce Code;
14-13 (3) an expenditure for transportation and lodging;
14-14 (4) an expenditure or series of expenditures for
14-15 entertainment that in the aggregate exceed $500 in a calendar year;
14-16 (5) an expenditure or series of expenditures for gifts
14-17 that in the aggregate exceed $500 in a calendar year;
14-18 (6) an expenditure for an award or memento that
14-19 exceeds $500; or
14-20 (7) an expenditure described by Section 305.006(b)(1),
14-21 (2), (3), or (6) unless the registrant is present at the event.
14-22 (b) Except as provided by Section 305.025, a state officer
14-23 or employee [member of the legislative or executive branch] may not
14-24 solicit, accept, or agree to accept from a person registered under
14-25 Section 305.005 or from a person on the registrant's behalf and
14-26 with the registrant's consent or ratification an item listed in
14-27 Subsection (a).
15-1 SECTION 12. Section 305.025, Government Code, is amended to
15-2 read as follows:
15-3 Sec. 305.025. EXCEPTIONS. Section 305.024 does not
15-4 prohibit:
15-5 (1) a loan in the due course of business from a
15-6 corporation or other business entity that is legally engaged in the
15-7 business of lending money and that has conducted that business
15-8 continuously for more than one year before the loan is made;
15-9 (2) a loan or guarantee of a loan or a gift made or
15-10 given by a person related within the second degree by affinity or
15-11 consanguinity to the state officer or employee [member of the
15-12 legislative or executive branch];
15-13 (3) necessary expenditures for transportation and
15-14 lodging when the purpose of the travel is to explore matters
15-15 directly related to the duties of a state officer or employee
15-16 [member of the legislative or executive branch], such as
15-17 fact-finding trips, but not including attendance at merely
15-18 ceremonial events or pleasure trips;
15-19 (4) necessary expenditures for transportation and
15-20 lodging provided in connection with a conference, seminar,
15-21 educational program, or similar event in which the state officer or
15-22 employee [member] renders services, such as addressing an audience
15-23 or engaging in a seminar, to the extent that those services are
15-24 more than merely perfunctory;
15-25 (5) an incidental expenditure for transportation as
15-26 determined by commission rule; or
15-27 (6) a political contribution as defined by Section
16-1 251.001, Election Code.
16-2 SECTION 13. (a) This Act takes effect January 1, 2000.
16-3 (b) Chapter 305, Government Code, as amended by this Act,
16-4 applies only to an activities report required by Section 305.006,
16-5 Government Code, that is required to be filed on or after February
16-6 10, 2000. An activities report that is required to be filed before
16-7 that date is governed by the law in effect before the effective
16-8 date of this Act, and the former law is continued for that purpose.
16-9 (c) Chapter 305, Government Code, as amended by this Act,
16-10 applies only to a modified activities report required by Section
16-11 305.0063, Government Code, that is required to be filed on or after
16-12 January 10, 2001. A modified activities report that is required to
16-13 be filed before that date is governed by the law in effect before
16-14 the effective date of this Act, and the former law is continued for
16-15 that purpose.
16-16 (d) An activities report described by Subsection (b) of this
16-17 section or a modified activities report described by Subsection (c)
16-18 of this section must include an expenditure made on or after
16-19 January 1, 2000, to communicate directly with a state officer or
16-20 employee to influence judicial rulemaking.
16-21 (e) The change in law made to Chapter 305, Government Code,
16-22 by this Act applies only to an offense committed on or after the
16-23 effective date of this Act. For the purposes of this section, an
16-24 offense is committed before the effective date of this Act if any
16-25 element of the offense occurs before the effective date. An
16-26 offense committed before the effective date of this Act is covered
16-27 by the law in effect when the offense was committed, and the former
17-1 law is continued in effect for that purpose.
17-2 SECTION 14. The importance of this legislation and the
17-3 crowded condition of the calendars in both houses create an
17-4 emergency and an imperative public necessity that the
17-5 constitutional rule requiring bills to be read on three several
17-6 days in each house be suspended, and this rule is hereby suspended.