SRC-SEW S.B. 345 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 345
77R1504 ESH-FBy: Bivins
State Affairs
2/26/2001
As Filed


DIGEST AND PURPOSE 

Currently, members of the legislature may represent clients in cases before
state executive agencies for compensation if the case is adversarial in
nature or if it involves ministerial acts on the part of the Texas Ethics
Commission, as long as the member discloses to the agency the compensation.
This poses a potential conflict of interest, confusing a legislator's role
of public servant with that of an advocate for a paying client.  As
proposed, S.B. 345 prohibits members of the legislature from representing
anyone before a state agency for compensation. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 572.052(a), Government Code, to delete language
regarding any exceptions under which a member of the legislature is
authorized to represent another person for compensation before a state
agency in the executive branch of state government.   

SECTION 2.  Amends Section 572.021, Government Code, to require a state
officer, a partisan or independent candidate for office as an elected
officer, and a party chairman to file with the Texas Ethics Commission a
verified financial statement complying with Sections 572.022 through
572.024, rather than through 572.025. 

SECTION 3.  Repealer:  Section 572.025 (Information About Legislators'
Representation Before Executive State Agencies), Government Code. 

SECTION 4.  Effective date:  September 1, 2001.

SECTION 5.  Makes application of this Act prospective.