By Wilson H.B. No. 1168
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to certain conduct in lobbying; providing a penalty.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subchapter B, Chapter 305, Government Code, is
1-5 amended by adding Sections 305.028 and 305.029 to read as follows:
1-6 Sec. 305.028. PROHIBITED CONFLICTS OF INTEREST. (a) Except
1-7 as permitted by Subsection (c), a registrant may not represent
1-8 opposing parties in communicating directly with a member of the
1-9 legislative or executive branch to influence the same legislation
1-10 or administrative action.
1-11 (b) Except as permitted by Subsection (c), a registrant may
1-12 not represent a person in communicating directly with a member of
1-13 the legislative or executive branch to influence legislation or
1-14 administrative action if the representation of that person:
1-15 (1) involves a substantially related matter in which
1-16 that person's interests are materially and directly adverse to the
1-17 interests of:
1-18 (A) another client of the registrant;
1-19 (B) an employer or concern employing the
1-20 registrant; or
1-21 (C) another client of a partner or other person
1-22 associated with the registrant; or
1-23 (2) reasonably appears to be or potentially be
1-24 adversely limited by:
2-1 (A) the registrant's, the employer's or
2-2 concern's, or the partner's or other associated person's
2-3 responsibilities to another client or to a third person; or
2-4 (B) the registrant's, employer's or concern's,
2-5 or partner's or other associated person's own interests.
2-6 (c) A registrant may represent a client in the circumstances
2-7 described in Subsection (a) or (b) if:
2-8 (1) the registrant reasonably believes the
2-9 representation of each client will not be materially affected;
2-10 (2) not later than the second business day after the
2-11 date the registrant becomes aware of an actual or potential
2-12 conflict described by Subsection (a) or (b), the registrant
2-13 provides written notice, in the manner required by the commission,
2-14 to each affected or potentially affected client; and
2-15 (3) not later than the 10th day after the date the
2-16 registrant becomes aware of an actual or potential conflict
2-17 described by Subsection (a) or (b), the registrant files with the
2-18 commission a statement indicating that there is an actual or
2-19 potential conflict and that the registrant has notified each
2-20 affected or potentially affected client as required by Subdivision
2-21 (2).
2-22 (d) If a registrant has accepted representation in conflict
2-23 with the restrictions of this section, or if multiple
2-24 representation properly accepted becomes improper under this
2-25 section, the registrant shall promptly withdraw from one or more
2-26 representations to the extent necessary for any remaining
2-27 representation not to be in conflict with this section.
3-1 (e) If a registrant would be prohibited by this section from
3-2 engaging in particular conduct, an employer or concern employing
3-3 the registrant or a partner or other person associated with the
3-4 registrant may not engage in that conduct.
3-5 (f) In each report filed with the commission, a registrant
3-6 shall, under oath, affirm that the registrant has complied with
3-7 this section.
3-8 (g) The commission may receive complaints regarding a
3-9 violation of this section. If the commission determines a
3-10 violation of this section has occurred, the commission, after
3-11 notice and hearing:
3-12 (1) may impose any penalty that the commission may
3-13 impose under another state law; and
3-14 (2) may rescind the person's registration and may
3-15 prohibit the person from registering with the commission for a
3-16 period not to exceed two years from the date of the rescission of
3-17 the person's registration.
3-18 (h) A penalty under this section is in addition to any other
3-19 enforcement action that the commission or another person may take
3-20 under this chapter.
3-21 (i) A restriction on a registrant under this section is in
3-22 addition to any restrictions on the registrant's conduct under
3-23 Section 305.0011.
3-24 Sec. 305.029. CERTAIN CONFLICTS PROHIBITED. (a) A conflict
3-25 of interest exists with respect to a person for purposes of Section
3-26 305.028, and the commission may not accept the registration of the
3-27 person under Section 305.005, if the person:
4-1 (1) served as a member of the body appointed under
4-2 Section 12.051, Utilities Code, or a predecessor statute; and
4-3 (2) seeks to represent any member of an industry or
4-4 entity regulated, during the person's membership on the body, by
4-5 that body in a matter in which that body has or had jurisdiction.
4-6 (b) This prohibition of this section is in addition to the
4-7 prohibition of Section 12.155, Utilities Code.
4-8 SECTION 2. Section 305.031, Government Code, is amended to
4-9 read as follows:
4-10 Sec. 305.031. CRIMINAL PENALTIES. (a) A person commits an
4-11 offense if the person intentionally or knowingly violates a
4-12 provision of this chapter other than Section 305.0011, [or]
4-13 305.022, or 305.028. An offense under this subsection is a Class A
4-14 misdemeanor.
4-15 (b) A person commits an offense if the person intentionally
4-16 or knowingly violates Section 305.022. An offense under this
4-17 subsection is a felony of the third degree.
4-18 (c) A person commits an offense if the person knowingly
4-19 violates Section 305.028. An offense under this subsection is a
4-20 Class B misdemeanor.
4-21 (d) This chapter does not affect the criminal responsibility
4-22 of a person under the state laws relating to perjury.
4-23 (e) [(d)] This section does not prohibit the commission from
4-24 imposing a civil penalty for a violation.
4-25 SECTION 3. Section 556.006, Government Code, is amended to
4-26 read as follows:
4-27 Sec. 556.006. LEGISLATIVE LOBBYING. (a) A state agency or
5-1 subdivision of the state may not use appropriated money or
5-2 employees to attempt to influence the passage or defeat of a
5-3 legislative measure.
5-4 (b) This section does not prohibit a state officer or
5-5 employee from using state resources to provide public information
5-6 or to provide information responsive to a request.
5-7 (c) An employee of the state or a subdivision of the state
5-8 who indicates that they are providing resource testimony to a
5-9 committee and attempts to influence the passage or defeat of a
5-10 legislative measure is liable for perjury charges.
5-11 SECTION 4. (a) This Act takes effect September 1, 2001.
5-12 (b) The change in law made by this Act applies only to a
5-13 registrant's communication directly with a member of the
5-14 legislative or executive branch to influence legislation or
5-15 administrative action if the communication occurs on or after
5-16 September 1, 2001. A communication that occurs before September 1,
5-17 2001, is governed by the law as it existed immediately before the
5-18 effective date of this Act, and that law is continued in effect for
5-19 that purpose.