1-1     By:  Wilson (Senate Sponsor - Harris)                 H.B. No. 1168
 1-2           (In the Senate - Received from the House April 19, 2001;
 1-3     April 20, 2001, read first time and referred to Committee on State
 1-4     Affairs; May 11, 2001, reported adversely, with favorable Committee
 1-5     Substitute by the following vote:  Yeas 8, Nays 0; May 11, 2001,
 1-6     sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR H.B. No. 1168                  By:  Harris
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to certain conduct in lobbying; providing a penalty.
1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12           SECTION 1.  Section 305.002(9), Government Code, is amended
1-13     to read as follows:
1-14                 (9)  "Registrant" means a person required to register
1-15     under Section 305.003 or 305.030.
1-16           SECTION 2.  Subchapter B, Chapter 305, Government Code, is
1-17     amended by adding Sections 305.028 and 305.029 to read as follows:
1-18           Sec. 305.028.  PROHIBITED CONFLICTS OF INTEREST.  (a)  Except
1-19     as permitted by Subsection (c), a registrant may not represent
1-20     opposing parties in communicating directly with a member of the
1-21     legislative or executive branch to influence the same legislation
1-22     or administrative action and may not provide political services, as
1-23     defined by Section 305.030, to opposing parties.
1-24           (b)  Except as permitted by Subsection (c), a registrant may
1-25     not represent a person in communicating directly with a member of
1-26     the legislative or executive branch to influence legislation or
1-27     administrative action and may not provide political services, as
1-28     defined by Section 305.030, to a person if the representation of
1-29     that person or provision of political services to that person:
1-30                 (1)  involves a substantially related matter in which
1-31     that person's interests are materially and directly adverse to the
1-32     interests of:
1-33                       (A)  another client of the registrant;
1-34                       (B)  an employer or concern employing the
1-35     registrant; or
1-36                       (C)  another client of a partner or other person
1-37     associated with the registrant; or
1-38                 (2)  reasonably appears to be or potentially be
1-39     adversely limited by:
1-40                       (A)  the registrant's, the employer's or
1-41     concern's, or the partner's or other associated person's
1-42     responsibilities to another client or to a third person; or
1-43                       (B)  the registrant's, employer's or concern's,
1-44     or partner's or other associated person's own interests.
1-45           (c)  A registrant may represent a client in the circumstances
1-46     described in Subsection (a) or (b) if:
1-47                 (1)  the registrant reasonably believes the
1-48     representation of each client will not be materially affected;
1-49                 (2)  not later than the second business day after the
1-50     date the registrant becomes aware of an actual or potential
1-51     conflict described by Subsection (a) or (b), the registrant
1-52     provides written notice, in the manner required by the commission,
1-53     to each affected or potentially affected client; and
1-54                 (3)  not later than the 10th day after the date the
1-55     registrant becomes aware of an actual or potential conflict
1-56     described by Subsection (a) or (b), the registrant files with the
1-57     commission a statement indicating that there is an actual or
1-58     potential conflict and that the registrant has notified each
1-59     affected or potentially affected client as required by Subdivision
1-60     (2).
1-61           (d)  If a registrant has accepted representation in conflict
1-62     with the restrictions of this section, or if multiple
1-63     representation properly accepted becomes improper under this
1-64     section, the registrant shall promptly withdraw from one or more
 2-1     representations to the extent necessary for any remaining
 2-2     representation not to be in conflict with this section.
 2-3           (e)  If a registrant would be prohibited by this section from
 2-4     engaging in particular conduct, an employer or concern employing
 2-5     the registrant or a partner or other person associated with the
 2-6     registrant may not engage in that conduct.
 2-7           (f)  In each report filed with the commission, a registrant
 2-8     shall, under oath, affirm that the registrant has complied with
 2-9     this section.
2-10           (g)  The commission may receive complaints regarding a
2-11     violation of this section.  If the commission determines a
2-12     violation of this section has occurred, the commission, after
2-13     notice and hearing:
2-14                 (1)  may impose any penalty that the commission may
2-15     impose under another state law; and
2-16                 (2)  may rescind the person's registration and may
2-17     prohibit the person from registering with the commission for a
2-18     period not to exceed two years from the date of the rescission of
2-19     the person's registration.
2-20           (h)  A penalty under this section is in addition to any other
2-21     enforcement action that the commission or another person may take
2-22     under this chapter.
2-23           (i)  A restriction on a registrant under this section is in
2-24     addition to any restrictions on the registrant's conduct under
2-25     Section 305.0011.
2-26           SECTION 3.  Subchapter B, Chapter 305, Government Code, is
2-27     amended by adding Section 305.030 to read as follows:
2-28           Sec. 305.030.  CONFLICTS OF INTEREST OF POLITICAL
2-29     CONSULTANTS; REGISTRATION REQUIRED.  (a)  In this section:
2-30            (1)  "Candidate," "measure," "political advertising," and
2-31     "political committee" have the meanings assigned by Section
2-32     251.001, Election Code.
2-33                 (2)  "Officeholder" means a person described by Section
2-34     251.002, Election Code.
2-35                 (3)  "Political services" means the following services
2-36     provided in connection with an actual or potential election
2-37     campaign of a candidate or officeholder or in connection with a
2-38     measure:
2-39                       (A)  consulting in relation to political
2-40     strategy;
2-41                       (B)  voter demographics and polling;
2-42                       (C)  speech writing;
2-43                       (D)  services related to political advertising;
2-44     and
2-45                       (E)  planning and scheduling of public
2-46     appearances.
2-47           (b)  A person is subject to Section 305.028 and shall
2-48     register with the commission in the manner provided under Section
2-49     305.005, if the person receives compensation of more than an amount
2-50     determined by commission rule but not less than $2,000 in a
2-51     calendar quarter from a candidate, officeholder, or political
2-52     committee to provide political services.
2-53           (c)  The commission shall adopt rules as necessary to adapt
2-54     the requirements of Section 305.005 to a person required to
2-55     register under this section.  The commission by rule shall require
2-56     a person required to register under this section to file reports
2-57     analogous to the reports required by Section 305.006.  The
2-58     commission by rule shall specify the contents of the reports.
2-59           (d)  Sections 305.004, 305.0051, 305.006, 305.0061, 305.0062,
2-60     305.0063, 305.021-305.027, and 305.029 do not apply to a person
2-61     required to register solely under this section.
2-62           SECTION 4.  Section 305.031, Government Code, is amended to
2-63     read as follows:
2-64           Sec. 305.031.  CRIMINAL PENALTIES.  (a)  A person commits an
2-65     offense if the person intentionally or knowingly violates a
2-66     provision of this chapter other than Section 305.0011, [or]
2-67     305.022, or 305.028.  An offense under this subsection is a Class A
2-68     misdemeanor.
2-69           (b)  A person commits an offense if the person intentionally
 3-1     or knowingly violates Section 305.022.  An offense under this
 3-2     subsection is a felony of the third degree.
 3-3           (c)  A person commits an offense if the person knowingly
 3-4     violates Section 305.028.  An offense under this subsection is a
 3-5     Class B misdemeanor.
 3-6           (d)  This chapter does not affect the criminal responsibility
 3-7     of a person under the state laws relating to perjury.
 3-8           (e) [(d)]  This section does not prohibit the commission from
 3-9     imposing a civil penalty for a violation.
3-10           SECTION 5.  (a)  This Act takes effect September 1, 2001.
3-11           (b)  The change in law made by this Act applies only to a
3-12     registrant's communication directly with a member of the
3-13     legislative or executive branch to influence legislation or
3-14     administrative action if the communication occurs on or after
3-15     September 1, 2001.  A communication that occurs before September 1,
3-16     2001, is governed by the law as it existed immediately before the
3-17     effective date of this Act, and that law is continued in effect for
3-18     that purpose.
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