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.