HBA-MSH, CBW H.B. 1168 77(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 1168 By: Wilson State Affairs 7/25/2001 Enrolled BACKGROUND AND PURPOSE Prior to the 77th Legislature, lobbying regulation did not include a client conflict of interest provision. A lobbyist was not prohibited from representing clients who are both for and against the same issue. House Bill 1168 prohibits a lobbyist from representing opposing parties, except under certain conditions, and provides penalties for violators. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS House Bill 1168 amends the Government Code to prohibit a registrant (lobbyist) from representing opposing parties in communicating directly with a member of the legislative or executive branch to influence the same legislation or administrative action except under certain conditions. The bill prohibits a lobbyist, except under certain conditions, from representing a person in communicating directly with a member of the legislative or executive branch to influence legislation or administrative action if the representation of that person constitutes a conflict of interest between that person and matters involving or surrounding the lobbyist's employment. The bill requires the lobbyist to withdraw from any representation that is in conflict or becomes improper under the Act. The bill prohibits the lobbyist's employer or partner from engaging in conduct prohibited by the Act. The bill requires the lobbyist to affirm, under oath, compliance with these provisions in each report filed with the Texas Ethics Commission (commission). The bill authorizes the commission to receive complaints regarding a violation of the Act and, if the commission determines a violation has occurred, to impose any penalty it may impose under another state law. Additionally, in such situations, the bill authorizes the commission to rescind the person's registration and to prohibit the person from registering with the commission for a period not to exceed two years from the date of the rescission. The bill provides that if the person knowingly violates the conflict of interest provision in the Act, the person commits a Class B misdemeanor. EFFECTIVE DATE September 1, 2001.