77R11320 E                           
         By Wilson                                             H.B. No. 1168
         Substitute the following for H.B. No. 1168:
         By Wolens                                         C.S.H.B. No. 1168
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to conflicts of interest of a lobbyist; providing a
 1-3     penalty.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subchapter B, Chapter 305, Government Code, is
 1-6     amended by adding Section 305.028 to read as follows:
 1-7           Sec. 305.028.  PROHIBITED CONFLICTS OF INTEREST.  (a)  Except
 1-8     as permitted by Subsection (c), a registrant may not represent
 1-9     opposing parties in communicating directly with a member of  the
1-10     legislative or executive branch to influence the same legislation
1-11     or administrative action.
1-12           (b)  Except as permitted by Subsection (c), a registrant may
1-13     not represent a person in communicating directly with a member of
1-14     the legislative or executive branch to influence legislation or
1-15     administrative action if the representation of that person:
1-16                 (1)  involves a substantially related matter in which
1-17     that person's interests are materially and directly adverse to the
1-18     interests of:
1-19                       (A)  another client of the registrant;
1-20                       (B)  an employer or concern employing the
1-21     registrant; or
1-22                       (C)  another client of a partner or other person
1-23     associated with the registrant; or
1-24                 (2)  reasonably appears to be or potentially be
 2-1     adversely limited by:
 2-2                       (A)  the registrant's, the employer's or
 2-3     concern's, or the partner's or other associated person's
 2-4     responsibilities to another client or to a third person; or
 2-5                       (B)  the registrant's, employer's or concern's,
 2-6     or partner's or other associated person's own interests.
 2-7           (c)  A registrant may represent a client in the circumstances
 2-8     described in Subsection (a) or (b) if:
 2-9                 (1)  the registrant reasonably believes the
2-10     representation of each client will not be materially affected;
2-11                 (2)  not later than the second business day after the
2-12     date the registrant becomes aware of an actual or potential
2-13     conflict described by Subsection (a) or (b), the registrant
2-14     provides written notice, in the manner required by the commission,
2-15     to each affected or potentially affected client; and
2-16                 (3)  not later than the 10th day after the date the
2-17     registrant becomes aware of an actual or potential conflict
2-18     described by Subsection (a) or (b), the registrant files with the
2-19     commission a statement indicating that there is an actual or
2-20     potential conflict and that the registrant has notified each
2-21     affected or potentially affected client as required by Subdivision
2-22     (2).
2-23           (d)  If a registrant has accepted representation in conflict
2-24     with the restrictions of this section, or if multiple
2-25     representation properly accepted becomes improper under this
2-26     section, the registrant shall promptly withdraw from one or more
2-27     representations to the extent necessary for any remaining
 3-1     representation not to be in conflict with this section.
 3-2           (e)  If a registrant would be prohibited by this section from
 3-3     engaging in particular conduct, an employer or concern employing
 3-4     the registrant or a partner or other person associated with the
 3-5     registrant may not engage in that conduct.
 3-6           (f)  In each report filed with the commission, a registrant
 3-7     shall, under oath, affirm that the registrant has complied with
 3-8     this section.
 3-9           (g)  The commission may receive complaints regarding a
3-10     violation of this section.  If the commission determines a
3-11     violation of this section has occurred, the commission, after
3-12     notice and hearing:
3-13                 (1)  may impose any penalty that the commission may
3-14     impose under another state law; and
3-15                 (2)  may rescind the person's registration and may
3-16     prohibit the person from registering with the commission for a
3-17     period not to exceed two years from the date of the rescission of
3-18     the person's registration.
3-19           (h)  A penalty under this section is in addition to any other
3-20     enforcement action that the commission or another person may take
3-21     under this chapter.
3-22           (i)  A restriction on a registrant under this section is in
3-23     addition to any restrictions on the registrant's conduct under
3-24     Section 305.0011.
3-25           SECTION 2. Section 305.031, Government Code, is amended to
3-26     read as follows:
3-27           Sec. 305.031.  CRIMINAL PENALTIES.  (a)  A person commits an
 4-1     offense if the person intentionally or knowingly violates a
 4-2     provision of this chapter other than Section 305.0011, [or]
 4-3     305.022, or 305.028.  An offense under this subsection is a Class A
 4-4     misdemeanor.
 4-5           (b)  A person commits an offense if the person intentionally
 4-6     or knowingly violates Section 305.022. An offense under this
 4-7     subsection is a felony of the third degree.
 4-8           (c)  A person commits an offense if the person knowingly
 4-9     violates Section 305.028. An offense under this subsection is a
4-10     Class B misdemeanor.
4-11           (d)  This chapter does not affect the criminal responsibility
4-12     of a person under the state laws relating to perjury.
4-13           (e) [(d)]  This section does not prohibit the commission from
4-14     imposing a civil penalty for a violation.
4-15           SECTION 3.  (a)  This Act takes effect September 1, 2001.
4-16           (b)  The change in law made by this Act applies only to a
4-17     registrant's communication directly with a member of the
4-18     legislative or executive branch to influence legislation or
4-19     administrative action if the communication occurs on or after
4-20     September 1, 2001.  A communication that occurs before September 1,
4-21     2001, is governed by the law as it existed immediately before the
4-22     effective date of this Act, and that law is continued in effect for
4-23     this purpose.