SRC-JLB H.B. 3149 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 3149
78R11886 ESH-FBy: Wilson (Harris)
Administration
5/5/2003
Engrossed


DIGEST AND PURPOSE 

As enacted by the Texas Legislature in 2001, certain provisions of the
Government Code that are intended to govern conflicts of interest for
registrants under the Lobby Act are patterned after the State Bar of Texas
Disciplinary Rule of Professional Conduct, which governs conflicts of
interest for attorneys.  For some, however, these provisions have not
resulted in clear guidance for lobbyists or for the Texas Ethics
Commission, the state agency charged with the Lobby Act's enforcement.
H.B. 3149 clarifies certain conflict of interest provisions for
registrants under the Lobby Act.  

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 Sections 305.028(a), (b), (c), and (f), Government
Code, as follows: 
 
(a)  Defines "client," "matter," and "person associated with the
registrant" or "other associated person." 

(b)  Prohibits a registrant, except as permitted by Subsection (c), from
representing a client, rather than opposing parties, in communicating
directly with a member of the legislative or executive branch to influence
legislative subject matter, rather than the same legislation, or
administrative action if the representation of that client, rather than
person, concerns certain matters. 

(c)  Authorizes a registrant to represent a client in the circumstances
described in Subsection (b), rather than (a), if certain criteria exists. 

(f)  Requires a registrant, in each report filed with the Texas Ethics
Commission, to, under oath, affirm that the registrant has, to the best of
the registrant's knowledge, complied with this section. 
 
SECTION 2.  Repealer:  Section 305.031(c) (Criminal Penalties), Government
Code. 
 
SECTION 3.  Makes application of this Act prospective.

SECTION 4.  Effective date:  September 1, 2003.