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 Section 305.028 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           (j)  A statement filed under Subsection (c) is not public
3-25     information.
3-26           SECTION 2.  Section 305.031, Government Code, is amended to
3-27     read as follows:
 4-1           Sec. 305.031.  CRIMINAL PENALTIES.  (a)  A person commits an
 4-2     offense if the person intentionally or knowingly violates a
 4-3     provision of this chapter other than Section 305.0011, [or]
 4-4     305.022, or 305.028.  An offense under this subsection is a Class A
 4-5     misdemeanor.
 4-6           (b)  A person commits an offense if the person intentionally
 4-7     or knowingly violates Section 305.022.  An offense under this
 4-8     subsection is a felony of the third degree.
 4-9           (c)  A person commits an offense if the person knowingly
4-10     violates Section 305.028.  An offense under this subsection is a
4-11     Class B misdemeanor.
4-12           (d)  This chapter does not affect the criminal responsibility
4-13     of a person under the state laws relating to perjury.
4-14           (e) [(d)]  This section does not prohibit the commission from
4-15     imposing a civil penalty for a violation.
4-16           SECTION 3.  (a)  This Act takes effect September 1, 2001.
4-17           (b)  The change in law made by this Act applies only to a
4-18     registrant's communication directly with a member of the
4-19     legislative or executive branch to influence legislation or
4-20     administrative action if the communication occurs on or after
4-21     September 1, 2001.  A communication that occurs before September 1,
4-22     2001, is governed by the law as it existed immediately before the
4-23     effective date of this Act, and that law is continued in effect for
4-24     that purpose.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I certify that H.B. No. 1168 was passed by the House on April
         18, 2001, by a non-record vote; and that the House concurred in
         Senate amendments to H.B. No. 1168 on May 25, 2001, by a non-record
         vote.
                                             _______________________________
                                                 Chief Clerk of the House
               I certify that H.B. No. 1168 was passed by the Senate, with
         amendments, on May 22, 2001, by a viva-voce vote.
                                             _______________________________
                                                 Secretary of the Senate
         APPROVED:  __________________________
                              Date
                    __________________________
                            Governor