1-1 By: Brown S.B. No. 1517 1-2 (In the Senate - Filed March 12, 1999; March 15, 1999, read 1-3 first time and referred to Committee on State Affairs; 1-4 April 19, 1999, reported adversely, with favorable Committee 1-5 Substitute by the following vote: Yeas 7, Nays 2; April 19, 1999, 1-6 sent to printer.) 1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 1517 By: Brown 1-8 A BILL TO BE ENTITLED 1-9 AN ACT 1-10 relating to registration of persons conducting surveys of members 1-11 of the legislature; providing civil penalties. 1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-13 SECTION 1. Chapter 305, Government Code, is amended by 1-14 adding Subchapter D to read as follows: 1-15 SUBCHAPTER D. REGISTRATION OF PERSONS 1-16 SURVEYING MEMBERS OF LEGISLATURE 1-17 Sec. 305.051. DEFINITIONS. In this subchapter: 1-18 (1) "Entity" means a corporation, association, firm, 1-19 partnership, committee, club, organization, or group of persons who 1-20 are voluntarily acting in concert. 1-21 (2) "Survey" means a survey of opinion concerning a 1-22 matter of state public policy, including legislation. 1-23 Sec. 305.052. REGISTRATION REQUIRED; EXEMPTION. (a) An 1-24 entity may not conduct a survey of members of the legislature 1-25 unless the entity registers with the commission as provided by this 1-26 subchapter. 1-27 (b) This subchapter does not apply to: 1-28 (1) a bona fide news organization, unless the 1-29 organization intends to sell the results of a survey conducted by 1-30 the organization; or 1-31 (2) a person required to register under Section 1-32 305.003. 1-33 Sec. 305.053. APPLICATION FOR REGISTRATION. (a) An entity 1-34 desiring to register under this subchapter must file an application 1-35 for registration with the commission not later than the 30th day 1-36 before the date the entity intends to begin conducting a survey of 1-37 members of the legislature. 1-38 (b) The application must be written and verified and must 1-39 include: 1-40 (1) the name, address, and telephone number of the 1-41 entity that intends to conduct a survey of members of the 1-42 legislature; 1-43 (2) a statement as to whether the entity is exempt 1-44 from taxation under Section 501(c), Internal Revenue Code of 1986, 1-45 and its subsequent amendments; 1-46 (3) a statement of the general purpose for which the 1-47 entity intends to use a survey conducted under this subchapter; 1-48 (4) a statement as to whether the entity will sell, or 1-49 otherwise transfer for consideration, the results of any survey 1-50 conducted under this subchapter; and 1-51 (5) if the survey is being conducted by an institution 1-52 of higher education, as defined by Section 61.003, Education Code, 1-53 or a person controlled by an institution of higher education, a 1-54 statement of the general nature of the research being conducted for 1-55 which the survey will be used. 1-56 (c) Not later than the 10th day after the date the 1-57 commission accepts the application, the commission shall issue the 1-58 entity a registration certificate if: 1-59 (1) the information required by Subsection (b) is 1-60 complete; and 1-61 (2) the entity pays the required fee. 1-62 Sec. 305.054. EXPIRATION; RENEWAL OF REGISTRATION. (a) A 1-63 registration under this subchapter expires on the fifth anniversary 1-64 of the date the commission issues the registration certificate. 2-1 (b) A person who holds an unexpired registration must file a 2-2 renewal of registration if the information contained in the 2-3 person's most recent registration is no longer accurate. 2-4 (c) An application for renewal of registration must include 2-5 the information prescribed by Section 305.053 for an original 2-6 registration. 2-7 Sec. 305.055. FEE. (a) An application for registration or 2-8 renewal of registration under this subchapter must be accompanied 2-9 by a fee. The commission shall set the fee in an amount sufficient 2-10 to pay the costs of administering this subchapter. 2-11 (b) An institution of higher education, as defined by 2-12 Section 61.003, Education Code, or a person controlled by an 2-13 institution of higher education, is exempt from the requirements of 2-14 this section. 2-15 Sec. 305.056. CONDUCTING SURVEY. A survey requesting 2-16 information from members of the legislature must include: 2-17 (1) a statement that the entity has complied with the 2-18 registration requirements under this subchapter; and 2-19 (2) the purpose for which the entity is requesting the 2-20 information. 2-21 Sec. 305.057. CIVIL PENALTY FOR FAILURE TO REGISTER. An 2-22 entity that knowingly conducts a survey of members of the 2-23 legislature without complying with this subchapter shall pay a 2-24 civil penalty in an amount determined by rule of the commission, 2-25 but not to exceed $10,000. 2-26 SECTION 2. This Act takes effect September 1, 1999. 2-27 SECTION 3. Subchapter D, Chapter 305, Government Code, as 2-28 added by this Act, applies only to a survey of members of the 2-29 legislature that is begun on or after September 1, 1999. For 2-30 purposes of this section, a survey is begun when the first member 2-31 of the legislature is contacted for purposes of participating in 2-32 the survey. 2-33 SECTION 4. The importance of this legislation and the 2-34 crowded condition of the calendars in both houses create an 2-35 emergency and an imperative public necessity that the 2-36 constitutional rule requiring bills to be read on three several 2-37 days in each house be suspended, and this rule is hereby suspended. 2-38 * * * * *