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.