By Brown                                              S.B. No. 1517
         76R4324 ESH-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to registration of persons providing the results of
 1-3     certain political surveys to the legislature; providing civil and
 1-4     criminal penalties.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Chapter 305, Government Code, is amended by
 1-7     adding Subchapter D to read as follows:
 1-8                   SUBCHAPTER D.  REGISTRATION OF PERSONS
 1-9                   PROVIDING RESULTS OF POLITICAL SURVEYS
1-10           Sec. 305.051.  DEFINITION.  In this subchapter, "political
1-11     survey" means a survey of public opinion concerning a matter of
1-12     state  public policy, including legislation.
1-13           Sec. 305.052.  REGISTRATION REQUIRED.  A person may not
1-14     provide the results of a political survey to a member of the
1-15     legislative  branch unless the person registers with the commission
1-16     as provided by this subchapter.
1-17           Sec. 305.053.  APPLICATION FOR REGISTRATION.  (a)  A person
1-18     desiring to register under this subchapter must file an application
1-19     for  registration with the commission not later than the 30th day
1-20     before the date the person intends to provide the results of a
1-21     political survey to a member of the legislative branch.
1-22           (b)  The application must be written and verified and must
1-23     include:
1-24                 (1)  the name, address, and telephone number of the
 2-1     person who intends to provide the results of a political survey;
 2-2                 (2)  if the person who intends to provide the results
 2-3     of a political survey is not an individual, the name, address, and
 2-4     telephone  number of at least one officer of the person;
 2-5                 (3)  a statement as to whether the person is exempt
 2-6     from taxation under  Section 501(c), Internal Revenue Code of 1986,
 2-7     as amended;
 2-8                 (4)  a statement of the general purpose for which the
 2-9     person intends to use any political survey the results of which the
2-10     person  intends to provide to a member of the legislative branch;
2-11     and
2-12                 (5)  a statement as to whether the person will sell, or
2-13     otherwise transfer for consideration, the results of any political
2-14     survey  the results of which the person intends to provide to a
2-15     member of the legislative branch.
2-16           (c)  Not later than the 10th day after the date the
2-17     commission accepts the application, the commission shall issue the
2-18     person a   registration certificate if:
2-19                 (1)  the information required by Subsection (b) is
2-20     complete; and
2-21                 (2)  the person pays the required fee.
2-22           Sec. 305.054.  EXPIRATION; RENEWAL OF REGISTRATION.  (a)  A
2-23     registration under this subchapter expires on the fifth anniversary
2-24     of the date the commission issues the registration certificate.
2-25           (b)  A person who holds an unexpired registration must file a
2-26     renewal of registration if the information contained in the
2-27     person's   most recent registration is no longer accurate.
 3-1           (c)  An application for renewal of registration must include
 3-2     the information prescribed by Section 305.053 for an original
 3-3     registration.
 3-4           Sec. 305.055.  FEE.  (a)  An application for registration or
 3-5     renewal of registration under this subchapter must be   accompanied
 3-6     by a fee.  The commission shall set the fee in an amount sufficient
 3-7     to pay the costs of administering this subchapter.
 3-8           (b)  The following are exempt from the requirements of this
 3-9     section:
3-10                 (1)  a bona fide news organization; or
3-11                 (2)  an institution of higher education, as defined by
3-12     Section 61.003, Education Code, or a person controlled by an
3-13     institution of  higher education.
3-14           Sec. 305.056.  OFFENSE.  (a)  A person commits an offense if
3-15     the person knowingly provides the results of a political survey  to
3-16     a member of the legislative branch without complying with this
3-17     subchapter.
3-18           (b)  An offense under this section is a Class A misdemeanor.
3-19           (c)  This subchapter does not affect the criminal
3-20     responsibility of a person under the state laws relating to
3-21     perjury.
3-22           (d)  This section does not prohibit the commission from
3-23     imposing a civil penalty for a violation.
3-24           Sec. 305.057.  CIVIL PENALTY FOR FAILURE TO REGISTER.    In
3-25     addition to the criminal penalty prescribed by Section 305.056,  a
3-26     person who knowingly provides the results of a political survey to
3-27     a member of the legislative branch without complying with this
 4-1     subchapter shall pay a civil penalty in an amount determined by
 4-2     rule of the commission, but not to exceed $10,000.
 4-3           SECTION 2.   This Act takes effect September 1, 1999.
 4-4           SECTION 3.   Subchapter D, Chapter 305, Government Code, as
 4-5     added by this Act, applies only to a political survey that is begun
 4-6     on or after September 1, 1999.  For purposes of this section, a
 4-7     political survey is begun when the first person being surveyed is
 4-8     contacted for purposes of participating in the survey.
 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.